A growing list of Orange County cities is banning the sale of nitrous oxide — also known as whippets or laughing gas — for people looking to use the inhalant to get high.
While cities like Stanton, Costa Mesa and Santa Ana voted earlier this year to prohibit the sale of the gas for recreational use, Irvine city officials voted down a similar proposal, saying state law already prohibits the inhalant for people who want to get high.
The trend of banning whippets comes after Orange County’s Board of Supervisors voted to ban nitrous oxide sales in unincorporated areas earlier this year.
[Read: Another Orange County City Bans Whippets]
During their Oct. 14 meeting, Irvine City Council members voted against a proposal for staff to develop a local ordinance that prohibits the sale of whippets for recreational use, which could have included fines up to $1000 and/or six months in jail for a misdemeanor crime for violators.
The council voted against the proposal in a 3-4 vote, with Councilmembers Mike Carroll, Betty Martinez Franco, James Mai and Mayor Larry Agran voting no.
Officials said state law already prohibits using nitrous oxide to get high and that local law enforcement already has all the tools they need to enforce those state laws.
“Under California law, it’s already illegal. It’s illegal to use it on a recreational basis, it’s illegal to sell it for recreational purposes, it’s illegal to sell it to minors,” Mai said at the meeting.
“For us to do anything at the local level is overstepping and going outside of our mandate in our jurisdiction,” he continued. “Even though the gesture and the content of the proposal are good, I just think it’s already illegal in all forms.”
Councilmember Melinda Liu, who proposed the move, said she was surprised the item didn’t receive more support from the rest of the council.
“The fact that this has not become an issue in Irvine doesn’t mean that we should just sit on our hands, especially when neighboring cities are already passing ordinances like this,” Liu said at Tuesday night’s meeting. “We don’t want to be the ones that are the destination for people who want to buy whippets.”
Newport Beach Bans Whippets
The same night Irvine resisted a ban, Newport Beach City Council members passed the second reading of a nitrous oxide ordinance that prohibits the use, sale and distribution of whippets in the city — with exceptions for culinary uses, vehicle performance enhancement and medical, dental or pharmaceutical uses.
The Newport Beach City Council unanimously approved the proposal with no discussion on Tuesday night.
Orange County Supervisor Katrina Foley, who spearheaded the ban at the county level, praised the move in a Wednesday statement, adding that Newport Beach’s freshly adopted ordinance closes loopholes in state law.
“Newport Beach implements a critical step toward protecting our youth and preserving public safety,” Foley said in the emailed statement. “I commend City Council for swift action following our countywide initiative. I encourage more cities to join us in prioritizing community health first.”
Newport Beach city staff also raised the issue of loopholes in state law.
“California Penal Code §381b makes it illegal to possess or use nitrous oxide for the purpose of intoxication, but the statute does not adequately deter sales under the ‘culinary use’ loophole,” reads the staff report included with the agenda. “As a result, local smoke shops and other retailers continue to profit from the distribution of nitrous oxide for recreational purposes. Law enforcement is restricted to proving recreational intent by individuals.”
Staff said an ordinance explicitly closing the loophole can empower police officers to crack down on recreational use.
“Neighboring jurisdictions — including Santa Ana, Costa Mesa and the County of Orange — have recently moved to close this loophole by adopting ordinances that directly prohibit the sale, distribution and recreational use of nitrous oxide,” the staff report states. “By adopting a similar local ordinance, Newport Beach can safeguard public health and provide law enforcement with a clear and enforceable tool to reduce misuse.”
The Newport Beach Police Department has reported a dramatic increase in nitrous oxide-related arrests within the last five years, according to the staff report.
In 2020, there were five whippet-related arrests in the city. There were 41 arrests in 2024, and this year, there have been 34 so far.
“These figures indicate both a consistent upward trajectory in use and a concentration of activity within our community, underscoring the need for proactive intervention,” reads the staff report.
Nitrous oxide has legal applications and is commonly used by dentists as a medical anesthetic or in the food industry to make whipped cream. It’s also used in the automotive industry to enhance vehicle performance.
But local leaders warn that using it to get high can be dangerous and even deadly.
The gas 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 Food and Drug Administration also released an advisory notice earlier this year warning people not to inhale nitrous oxide because it can cause serious health problems like blood clots, limb weakness, loss of consciousness, palpitations, paralysis and in some cases, death.
Whippet Bans Increase Throughout OC
Irvine and Newport Beach’s actions come as a host of cities and the county have taken steps to prohibit the sale of nitrous oxide for recreational use.
In February, county officials voted unanimously to introduce an ordinance that makes the sale of the recreational inhalant a misdemeanor punishable by up to six months in jail or up to $1000 in fines — with a few exceptions for legal uses.
[Read: Orange County Bans Whippets]
Leaders in cities like Stanton, Santa Ana and Costa Mesa also voted earlier this year to ban the sale of the gas for people who want to use it to get high.
The regional crackdown also 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]
As other city leaders pass local rules, Irvine officials said it isn’t necessary.
“I have full trust in our police department that they are doing their job when it comes to detaining these people,” Councilmember Martinez Franco said at the meeting.
During the same meeting, Irvine city leaders also discussed another potential ordinance that could restrict the sale, distribution and possession of Kratom — a tropical tree from Southeast Asia whose leaves are being used as both a stimulant and a sedative in different doses.
That discussion was also brought forth by Councilmember Liu and failed due to a lack of council support.
Angelina Hicks is the Voice of OC Collegiate News Service Editor. Contact her at ahicks@voiceofoc.org or on Twitter @angelinahicks13.