Nitrous oxide: sales.

Plain English Breakdown

The bill summary and digest do not provide information about court-authorized license suspensions beyond prior convictions.

Nitrous Oxide Sales Rules

The bill prohibits the sale of nitrous oxide containers larger than 8 grams or that smell like food, and bans devices used for inhaling nitrous oxide. Violations are punishable as infractions.

What This Bill Does

• Prohibits selling nitrous oxide containers capable of holding more than 8 grams of nitrous oxide.
• Bans the sale of nitrous oxide containers that have or are marketed to have a taste or smell of any food.
• Prohibits knowingly selling or distributing devices that allow individuals to inhale nitrous oxide from these containers.
• Punishes violations as infractions.

Who It Names or Affects

• People who sell nitrous oxide or related devices.
• Businesses with licenses to sell tobacco products or cannabis.

Terms To Know

Infraction

A minor violation of the law that is punished with a fine instead of jail time.

License

An official permission to do something, like selling certain products or running a business.

Limits and Unknowns

• The bill does not specify what happens if someone sells nitrous oxide containers smaller than 8 grams.
• It is unclear how this law will be enforced and who will check for violations.
• There are no details on the specific fines or penalties for breaking these rules.

Official Summary Text

SB 936, as amended, Blakespear.
Nitrous oxide: sales.
Existing law makes it a misdemeanor to possess nitrous oxide with the intent of inhaling it for specified purposes, including to cause intoxication. Existing law also makes it a misdemeanor to sell nitrous oxide to any person under 18 years of age. Existing law makes it a misdemeanor to dispense nitrous oxide to a person and knowing that the person will use it for specified prohibited purposes, if that person then causes death or great bodily injury to themselves or another person.
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. Existing law,
the Medicinal and Adult-Use Cannabis Regulation and Safety Act,
the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities, including retail commercial cannabis activity.
This bill would, except as specifically exempted, prohibit the sale and distribution of a nitrous oxide container that is capable of holding more than 8 grams of nitrous oxide or from which an individual may directly inhale nitrous oxide. The bill would also prohibit the sale and distribution of a nitrous oxide that has, or is marketed as having, the taste or smell of any food. The bill would prohibit
the sale and distribution of
knowingly selling or distributing
a device that allows an individual to inhale nitrous oxide from the
container or hold nitrous oxide for the purposes of inhalation. The bill would punish a violation of these provisions as an infraction, as specified. The bill would also authorize a court to suspend the business license, including a license to sell tobacco products or cannabis, if the business has a prior conviction for violating these prohibitions.
Because this bill would create new crimes, it 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

Download Bill PDF