Fullerton has joined the growing list of cities in Orange County banning the sale of nitrous oxide for recreational use – also known as “whippets” or “galaxy gas” – in an attempt to crack down on impaired driving and overdoses. 

The ordinance will prevent retailers like smoke shops and liquor stores in the city from selling whippets to individuals using the gas to get high.

Sellers found in violation of this will face a $1,000 fine and/or six months in county jail.

When used recreationally, nitrous oxide is a sedative and long term use of the inhalant can lead to “neurological, hematologic [related to blood], and psychiatric complications, including nerve damage and psychosis,” according to the Yale School of Medicine.

In March, the FDA issued a statement, warning against the use of nitrous oxide recreationally and noted an increase in reports of “adverse events after inhalation of nitrous oxide products.”

The ordinance was originally proposed by the Fullerton Police Department because of “concerns from City Council and our community about the increasing misuse of nitrous oxide…” Fullerton Police Captain Pedram Gharah said at the Nov. 18 city council meeting.

City council members unanimously passed the first reading of the ordinance last week – meaning the proposed law needs to come back for a final vote at the next council meeting.

Fullerton has seen a 328% increase in arrests associated with nitrous oxide, with 32 in 2020 and 137 in 2025 so far. There has also been a 700% increase in traffic collisions involving nitrous oxide in the city, going from 2 in 2020 to 16 in 2025, according to a city presentation.

In a five year span, there have been 12 DUIs and 1 suspected overdose related to nitrous oxide abuse in Fullerton, according to the presentation.

The police department also announced plans to educate vendors on the changes and create a social media campaign about the new ban and the dangers of whippet use.

Councilmember Ahmad Zahra supported education about nitrous oxide abuse in Fullerton, especially for younger demographics.

“I think maybe we can also reach out to our college and university and maybe collaborate with them on also spreading this message out,” Zahra said, adding officials need to “make sure that the young people are aware of this as well.”

Enforcement of the ordinance will be funded by the California Department of Justice Tobacco Grant and the California Department of Alcoholic Beverage Control grant, according to Gharah.

Councilmember Jamie Valencia voiced her approval of the ordinance, speaking of her experiences seeing the effects firsthand as an emergency room nurse.

“As a trauma ER nurse, I get kids in all the time that do whippets in their cars and light a cigarette and smoke pot, and they deglove their whole face, and scorch it.”

Whippet Bans on the Rise

While the state currently bans the use of whippets recreationally, there are several loopholes not covered by the law.

For example, it is illegal to sell whippets to minors or those planning to use the gas to get high, however if sellers do not ask how old the buyer is or if they are using it to get high, there is no penalty on the seller.

It can also be challenging since nitrous oxide can be used legally as a medical anesthetic, for culinary purposes – like for making whipped cream – and for improved vehicle performance. Online sales of canisters and attachments also provide challenges in regulation.

The slew of bans introduced by OC cities are helping to close some loopholes by putting the burden on vendors to ensure that buyers are only purchasing nitrous oxide for legal purposes.

In February of this year, the Orange County Supervisors voted unanimously to ban whippets in unincorporated areas in the county, citing loopholes in state legislation as their primary reason for the change.

The ban applies to sellers of nitrous oxide, who could face a six months in jail or up to $1,000 in fines if found in violation, but outlines exceptions for selling nitrous oxide used in cars, food products or healthcare.

[Read: Orange County Bans Whippets]

Several OC cities have followed suit, including Stanton, Costa Mesa and Santa Ana, introducing their own bans on the inhalant.

Despite several cities’ supporting bans, Irvine recently voted against introducing a similar ban, stating that whippets are already banned at the state level and that local law enforcement should already be enforcing it.

At the same meeting, a potential ordinance restricting Kratom – a drug used as both a stimulant and sedative, depending on dosage – failed due to lack of support from the council, with some citing fears of duplicating existing state laws.

“For us to do anything at the local level is overstepping and going outside of our mandate in our jurisdiction,” Irvine Councilmember James Mai said at the Oct. 14 Irvine City Council meeting. “Even though the gesture and the content of the proposal are good, I just think it’s already illegal in all forms.”

[Read: As More Orange County Cities Crack Down on Whippets, Irvine Sidesteps Ban]

These bans come at a time where several Orange County cities are cracking down on smoke shops to curb underage tobacco use and black-market marijuana sales, including Anaheim, La Habra and Orange.

[Read: Another Orange County City Looks to Crack Down on Smoke Shops]