Nitrous oxide sales may soon be banned in unincorporated Orange County as the OC Board of Supervisors move to stop the sale of the recreational inhalant – also known as NOS and whippets. 

Supervisor Katrina Foley pushed for the ban, citing an uptick in the usage of drugs like nitrous oxide. 

“I’ve been working on helping prevent families from suffering from individuals who are being sold things for recreational purposes that are not intended,” Foley said at the Dec. 3 supervisor board meeting.  

In October, she conducted a series of panels with local law enforcement officials, state legislators and public health officials to examine nitrous oxide and other drug use – finding out how easy it is to buy whippets. 

Whippets – a sedative – can lead to a host of health issues, according to an online article from the Yale School of Medicine

“Nitrous oxide’s long-term use can lead to range of neurological, hematologic [related to blood], and psychiatric complications, including nerve damage and psychosis,” states the article

“Fueled by the fact that it is both legal and not difficult to get, recreational nitrous oxide use has skyrocketed in popularity. It is especially prevalent at underground raves and music festivals. And, dangerously, its misuse is especially prevalent among adolescents and young adults.”

It’s also tough to regulate since people can buy nitrous oxide canisters and attachments online, much of it intended for confectionery applications like making flavored whipped cream.

Currently, the law prohibits the sale of recreational nitrous oxide. 

According to Foley, some retailers of the drug, like smoke shops, found a loophole in the law where they can sell it to the public if it’s not for the purpose of getting high. 

Foley pointed to Louisiana and Michigan as examples places that have banned whippets.

“I hope our county moves in the same direction,” Foley said.

Supervisor Doug Chaffee said bans should be carried out at a local level so that “it could do more good.” 

In a news release after last week’s meeting, Foley said many of the devices being sold are aimed at people using nitrous oxide to get high. 

“A glaring ‘Don’t Ask, Don’t Tell,’ style loophole in state law allows smoke shop and liquor store owners to sell Nitrous Oxide (NOX), so long as they don’t ask the buyer if they plan to get high. Many of the products and attachments are designed for human consumption.”