Officials in Costa Mesa are joining a growing list of cities to ban the sale of whippets – nitrous oxide or NOS – for recreational drug use.
So far, Orange County’s Board of Supervisors and officials in Stanton and Santa Ana, have banned selling what is also known as galaxy gas to people who intend to use the gas to get high.
Last week, Costa Mesa City Council members voted unanimously to approve the first reading of their own ordinance banning the sale of nitrous oxide for recreational use.
Mayor John Stephens said he hopes other cities will follow their lead.
“This is a very dangerous situation, and it’s completely unregulated – the sales,” he said at the Sept. 2 meeting.
The regional crackdown comes as other cities like Anaheim,Orange and La Habra are looking to tighten regulations on smoke shops and require tobacco retailers to get city permits.
[Read: Another Orange County City Looks to Crack Down on Smoke Shops]
During their debate on regulating smoke shops, Anaheim officials hinted they could also be looking at a ban on nitrous oxide sales for recreational use down the road.
Three more cities could also follow suit.
Costa Mesa Police Captain Jason Chamness said officials in Irvine, Fountain Valley and Tustin may soon take up a ban of their own on the gas.
“We hope to reduce public access for recreational abuse, decrease health and safety incidents associated to recreational nitrous oxide use, close state law loopholes, provide more tools for local law enforcement to intervene,” said Chamness at Tuesday’s meeting.
“Ultimately, we believe this helps protect our community.”
The gas is commonly used by dentists as a medical anesthetic, in the food industry to turn cream into whipped cream and chocolate into mousse and used to make cars drive faster in the racing industry.
Using it to get high, officials warn, can be deadly.
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.
The ordinance makes it unlawful for anyone to sell or distribute nitrous oxide for any purpose other than to enhance vehicle performance, for medical or dental care and for culinary applications.
Under the new ordinance, violators could be charged with a misdemeanor and face up to a $1,000 in fines or up to six months in jail or both.
Robbie LaBounty, a district representative for OC Supervisor Katrina Foley that successfully pushed for a similar ban at the county level, said the gas was dangerous and spoke in favor of the ordinance.
“Retailers are profiting off of this dangerous drug. A glaring ‘Don’t Ask, Don’t Tell’ style loophole in state law allows retailers, smoke shops and liquor store owners to sell nitrous oxide, so long as they don’t ask the buyer if they plan to get high,” he said on behalf of Foley at the meeting.
“Costa Mesa is poised to send a strong signal to the other cities in our county that we must take action to address this public health crisis.”
The ban in Costa Mesa comes on the heels of police officers busting two smoke shops in the city and seizing gas canisters for not following state laws on selling the gas.
According to a staff report, between January 2020 to May 2025 there was a surge in “nitrous oxide related activity” in Costa Mesa which includes two suspected overdoses and 10 traffic collisions.
“Since 2020, we saw 100% rise in nitrous oxide incidents. Between ‘23 and ‘24 alone, 125% increase in related calls for service and arrest,” Chamness said.
He also said leading up to the ordinance they have been reaching out to businesses that are selling nitrous oxide and educating people about the risks on social media.
Whippets are not the only recreational drug worrying city leaders right now.
Councilman Loren Gameros questioned if they would look to ban the use of Kratom – a tropical tree from Southeast Asia whose leaves are being used as both a simulant and a sedative in different doses.
“This is also something that’s becoming a large problem that people are using as a synthetic to opiates. Is this something that you think that we should be looking into and possibly adding to this ordinance?”
Hosam Elattar is a Voice of OC reporter. Contact him at helattar@voiceofoc.org or on Twitter @ElattarHosam.