Chapter 9.40
NITROUS OXIDE
Sections:
9.40.020 Sale or distribution of nitrous oxide.
9.40.040 Violations and penalties.
9.40.010 Definitions.
The following words and phrases used in this chapter shall be defined as follows:
“Device” refers to any cartridge, compressed gas cylinder, apparatus, container, or other object used to contain or dispense or administer nitrous oxide.
“Nitrous oxide” refers to colorless, nonflammable gas (N2O) sometimes used in aerosols and sometimes used as an anesthetic, which, when inhaled, produces loss of sensibility to pain, oftentimes preceded by exhilaration and laughter and used often as an anesthetic in dentistry. Nitrous oxide is oftentimes called “laughing gas.”
“Person” refers to any individual or other entity howsoever organized or constituted. (Ord. 721-2018 (part), 2018)
9.40.020 Sale or distribution of nitrous oxide.
It shall be unlawful for any person in the city to attempt to sell, offer, distribute, or otherwise provide to any person nitrous oxide, a device to dispense or administer nitrous oxide, or any device that contains a quantity of nitrous oxide. (Ord. 721-2018 (part), 2018)
9.40.030 Exceptions.
Prohibitions in this chapter shall not apply to the following:
A. A pharmacist, pharmacist intern, or pharmacy as defined by California Business & Professions Code §§ 4030, 4036 and 4037, as may be amended, who dispenses the device in the course of his duties as a pharmacist or pharmacist intern, or wholesalers licensed by the Board of Pharmacy or manufacturers classified under the North American Industry Classification System pursuant to California Penal Code § 381e, as may be amended, who dispense the device in the course of their duties.
B. A health care professional who possesses and dispenses nitrous oxide in the course of medical or dental treatment.
C. Any person who is under the influence of nitrous oxide or any material containing nitrous oxide duly received pursuant to exceptions in subsection A or B of this section.
D. Any person that possesses or distributes nitrous oxide under an express exemption pursuant to California Penal Code §§ 381b through e. (Ord. 721-2018 (part), 2018)
9.40.040 Violations and penalties.
Any violation of this chapter shall be a misdemeanor and, upon conviction thereof, punishable by up to one year in county jail or by a fine of one thousand dollars, or both. (Ord. 721-2018 (part), 2018)