By Gabriel Arizon and City News Service
LOS ANGELES (CNS) – The Los Angeles City Council called for a ban on the sale of nitrous oxide across the city on Tuesday, May 12, with some exceptions.
In a 14-0 vote, councilmembers asked the city attorney to draft an ordinance prohibiting tobacco and cannabis retailers from selling, offering for sale, distributing or exposing for sale nitrous oxide products, whether flavored or nonflavored.
Councilwoman Ysabel Jurado was absent during the vote.
The ordinance would set exemptions for medical, food service, automotive and industrial uses. It would also exempt pre-packaged retail food products in which nitrous oxide is used solely as a propellant, such as whipped cream products.
Councilmembers Imelda Padilla and Eunisses Hernandez introduced a motion seeking a ban on the sale of nitrous oxide on Oct. 8, 2024. Councilman Tim McOsker seconded the motion.
The proposed ordinance is expected to be similar to one enacted by the city of Rialto in 2017, which also prohibited the sale of nitrous oxide at certain stores within city limits.
Scott Branscomb from the San Fernando Valley (SFV) Partnership was present for the motion, alongside students from Bert Corona Charter High School in Pacoima. Branscomb runs the Pathways to Prevention program for the partnership, a youth-led initiative focused on substance use prevention and education. He visits schools across the valley, including Bert Corona Charter High – where he holds group sessions with students at least twice a week.
Branscomb said he’s received photos and videos from students of nitrous oxide cans all over the streets, even right across from the school. He recounted talking with one 17-year-old student who was struggling to quit using the substance. She said it was hard to quit because of how easily accessible it is at smoke shops and how the cans are flavored.
“For me, it’s a challenging situation when you see kids suffering,” Branscomb said. “That’s the reason why I got into this, because I see kids suffering on a daily basis. I have kids who say they go out every weekend to use NOz [nitrous oxide]. They have it [and] use it at home. … We’re teaching prevention, … but as soon as they step out of school, they see [smoke shops] around everywhere.
“Ultimately, that’s where it all lies – the accessibility and the marketing to kids,” Branscomb added, hoping that the ban comes sooner than later.
Ray Marquez, vice president of Homeboy Industry’s Youth Council, urged the City Council to advance the ban. He said the misuse of nitrous oxide is a growing issue, and that it can damage or destroy brain cells and lower the presence of vitamin B12 in the body, leading to a condition called hypoxia, which leaves people numb in parts of the body and, in some cases, can result in death.
“A big reason I want to spread awareness for this problem is because growing up in Watts, I see drugs everywhere. I’ve seen peers, and family members do it, and nitrous oxide was one of them,” Marquez said.
“Recently, one of my close friends passed away because of the use of nitrous oxide, and I want to spread awareness,” Marquez added.
Padilla sought to curb the sale of the product due to what she described as a “misuse of nitrous oxide” as an inhalant. This misuse has documented public health risks such as oxygen deprivation and associated neurological and cardiovascular harm.
Beyond an immediate threat to public safety, the councilwoman further cited the issue of canisters being discarded on public streets.
“Given the increasing availability of recreationally marketed nitrous oxide products in smoke shops, this targeted retail restriction would proactively curb access in outlets unrelated to legitimate business purposes,” Padilla said in a letter sent to the council’s Public Safety Committee on Feb. 26.
“Crucially, by providing clear exemptions, we ensure that the economic vitality of our lawful medical, culinary and industrial small businesses remains protected,” the letter continued.
Nitrous oxide, also referred to as NOz or laughing gas, among other names, is a trending drug that is extremely addictive, harmful and easily accessible at smoke and tobacco shops in LA, according to the motion.
When inhaled, it can lead to strokes, paralysis, heart failure and death from asphyxiation, officials said. It can be purchased in small “whippet” canisters, originally designed for making whipped cream, and in medium to large industrial tanks, in which the gas is dispensed into balloons for inhalation.
California law allows individuals 18 years and older to purchase nitrous oxide as long it is not inhaled after purchase. The restriction was created to allow for nitrous oxide’s common use in certain industries such as culinary and automotive. But this restriction has made it difficult to enforce the law, allowing vendors such as smoke shops and liquor stores to sell nitrous oxide products, the motion reads.
Vendors have introduced flavored nitrous oxide, and studies have shown that adding flavors and colorful packaging play a key role in getting young people to use products.
“City of Rialto officials have stated that their aggressive approach was intended to prevent the untimely and unnecessary deaths of their youth,” the motion reads. “In order to prevent negative impacts to our communities, it is time for the city to address this growing issue.”