Sen. Blakespear’s Bill Aimed at Preventing Nitrous Oxide Abuse Signed into Law

SB 936 prohibits the sale of nitrous oxide, except as needed for industry uses, to limit its widespread use as a recreational drug

SACRAMENTO – Gov. Gavin Newsom on Friday signed legislation by Sen. Catherine S. Blakespear, D-Encinitas, aimed at preventing the widespread abuse of nitrous oxide as a recreational drug by limiting its sale to specific uses in certain industries. 

SB 936 will prohibit the public sale of nitrous oxide canisters larger than 8 grams, with exceptions for legitimate uses in the medical, dental, culinary and automotive industries. The canisters have become a popular recreational drug among youth but can have deadly consequences, especially for those who choose to drive while intoxicated by it. 

“I thank the Governor for signing SB 936, which ensures nitrous oxide is only sold in large canisters for its intended purposes to prevent dangerous misuse and public safety risks,” Sen. Blakespear said. “Nitrous oxide is addictive and can be harmful, and that’s why it’s essential we restrict its sale.” 

According to the U.S. Food and Drug Administration, nitrous oxide can produce a variety of serious health problems, such as abnormal blood counts, asphyxiation, blood clots, frostbite, headache, impaired bowel and bladder function, lightheadedness, limb weakness, loss of consciousness, numbness, palpitations, paralysis, psychiatric disturbances, tingling, trouble walking and even death. 

Nitrous oxide is often sold in canisters as a food processing propellant for whipped cream or other culinary uses, and those marketed with flavors – such as bubble gum, vanilla cupcake or tropical punch – and are popular among children and young adults to use as a drug. As a result, driving while intoxicated by nitrous oxide, although illegal, is on the rise nationally and in San Diego County. 

SB 936 follows action taken by the states of Nebraska and Louisiana and the California counties of Humboldt, Orange, San Mateo and Santa Cruz banning the retail sale of whippets.

In June, state and local leaders joined Sen. Blakespear at a San Diego press conference to highlight the dangers of nitrous oxide abuse and call for the passage of SB 936.

The legislation, which passed the Legislature without any opposition, takes effect on Jan. 1, 2027. 

SB 936 is co-sponsored by Orange County, the National Stewardship Action Council, the Rural Counties Representatives of California (RCRC) and San Diego County District Attorney Summer Stephan and is supported by 100 different organizations. 

Sen. Blakespear represents Senate District 38, which covers northern San Diego County and southern Orange County. To learn more about the district and Sen. Blakespear, visit her Senate website.