Public health: nitrous oxide.

Crime Education Energy Taxes

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Umberg
Last action: 2026-01-27
Official status: In Assembly. Read first time. Held at Desk.
Effective date: Not listed

Plain English Breakdown

The bill summary does not provide details on enforcement or specific exceptions for selling nitrous oxide.

Public Health Rules on Nitrous Oxide

The bill prohibits retailers from selling nitrous oxide in any retail location and makes the sale or distribution of products containing 7-hydroxymitragynine illegal unless they come from the plant Mitragyna speciosa.

What This Bill Does

Expands existing provisions to prohibit retailers from selling nitrous oxide in any retail location, subject to certain exceptions.
Makes the sale or distribution of a product containing 7-hydroxymitragynine illegal unless it naturally occurs in the plant Mitragyna speciosa.

Who It Names or Affects

Retailers who sell nitrous oxide or products with 7-hydroxymitragynine
People who buy or use nitrous oxide or products with 7-hydroxymitragynine

Terms To Know

nitrous oxide: A gas sometimes used for recreational purposes, also known as laughing gas.
controlled substances: Drugs and other chemicals that the government strictly regulates because they can be dangerous or addictive.

Limits and Unknowns

The bill does not specify who will enforce these new rules.
It is unclear what exceptions might apply to selling nitrous oxide.

Bill History

2026-01-27 California Legislative Information
In Assembly. Read first time. Held at Desk.
2026-01-27 California Legislative Information
Read third time. Passed. (Ayes 40. Noes 0. Page 3302.) Ordered to the Assembly.
2026-01-26 California Legislative Information
Read second time. Ordered to third reading.
2026-01-22 California Legislative Information
Read second time and amended. Ordered to second reading.
2026-01-22 California Legislative Information
From committee: Do pass as amended. (Ayes 7. Noes 0. Page 3270.) (January 22).
2026-01-21 California Legislative Information
Set for hearing January 22.
2026-01-20 California Legislative Information
January 20 hearing: Placed on APPR. suspense file.
2026-01-16 California Legislative Information
Re-referred to Com. on APPR.
2026-01-16 California Legislative Information
Withdrawn from committee.
2026-01-16 California Legislative Information
Re-referred to Com. on JUD.
2026-01-16 California Legislative Information
Withdrawn from committee.
2026-01-15 California Legislative Information
Set for hearing January 20.
2026-01-15 California Legislative Information
Read second time and amended. Re-referred to Com. on APPR.
2026-01-14 California Legislative Information
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 0. Page 3214.) (January 13).
2026-01-05 California Legislative Information
From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
2025-12-18 California Legislative Information
Set for hearing January 13.
2025-04-08 California Legislative Information
April 8 set for first hearing canceled at the request of author.
2025-03-27 California Legislative Information
Set for hearing April 8.
2025-03-12 California Legislative Information
Referred to Coms. on PUB. S. and JUD.
2025-02-24 California Legislative Information
Read first time.
2025-02-24 California Legislative Information
From printer. May be acted upon on or after March 24.
2025-02-21 California Legislative Information
Introduced. To Com. on RLS. for assignment. To print.

Official Summary Text

SB 758, as amended, Umberg.
Public health:
7-hydroxymitragynine and
nitrous oxide.
(1) Existing law, the Cigarette and Tobacco Products Licensing Act of 2003, requires a retailer, as defined, to hold a license from the California Department of Tax and Fee Administration to engage in the sale of cigarettes or tobacco products. A violation of these provisions is a misdemeanor.
This bill would expand those provisions to prohibit a retailer from selling nitrous oxide in any retail location, subject to certain exceptions.
(2)
Existing law categorizes certain drugs and other substances as controlled substances and prohibits various actions related to those substances, including their manufacture, transportation, sale, possession, and ingestion.
This bill would make the sale or distribution of a product containing 7-hydroxymitragynine, except as it naturally occurs in the plant Mitragyna speciosa, a
misdemeanor.
(3)
(2)
By
creating a new crime, and by
expanding the definition of an existing crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

Current Bill Text

Read the full stored bill text

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