Retailers in Stanton could soon be barred from selling whippets – nitrous oxide – for recreational use, and prove to city officials that they’re selling the laughing gas for legal use like medical applications.
If a retailer violates the proposed law, they can face a fine of up to $1,000, up to six months in jail, or a combination of both. Violators could also have business licenses revoked, according to a staff report.
Council members voted unanimously Tuesday to introduce an ordinance banning the sale of whippets except for medical, dental, car or food-related uses. The proposal still needs a second council vote before it becomes law.
This comes after Orange County Supervisors passed a law in February prohibiting the recreational sale of nitrous oxide.
Stanton’s proposed ordinance aims to mirror the county’s law and target smoke shops that have often operated under a “don’t ask, don’t tell” policy, according to Patricia Vazquez, the city clerk.
“This would close that loophole by simply prohibiting the sale of nitrous oxide in the city,” Vazquez said at Tuesday’s meeting.
The gas is not well regulated and often targeted towards kids with flavors and branding, according to an article from the Atlantic.
California state law currently prohibits the sale of nitrous oxide for recreational inhalation and to minors. Stanton’s proposed ordinance would focus on holding sellers accountable for these types of unlawful sales.
Vazquez said staff inspected vape shops, bars and liquor stores and found laughing gas was being sold for recreational use.
“It is a public health, welfare and safety issue,” she said.
Nitrous oxide poses several health risks and prolonged use can lead to nerve damage, blood issues, and mental health problems like psychosis, according to an online article from the Yale School of Medicine.
Councilman John Warren said he has witnessed young adults driving while inhaling the gas through a balloon and other cases where kids were abusing the substance.
“I’m happy to say that we’re taking an opportunity here to get one more addictive item away from our youth,” Warren said.
James Wren, public safety services director for Stanton, said as part of the smoke shop ordinance, the city will roll out a two-strike system to enforce the new regulations.
Stanton has notified all local smoke shops – many of which sell whippets – about the upcoming nitrous oxide sales ban and new compliance requirements, which will take effect 30 days after adoption.
Wren said smoke shops have already started signing agreements, acknowledging the stipulations of the ordinance.
“We created a situation where they can’t say they didn’t know, and we’re taking it real seriously.”