The Sonoma County Board of Supervisors has unanimously endorsed an ordinance to restrict the sale and distribution of nitrous oxide to curb recreational use. The ordinance, which will apply to unincorporated areas, requires a second vote in September and would take effect 30 days later.

Health officials identified nitrous oxide—also known as "laughing gas," "NOX," or "whippits"—as an emerging public health issue. While the gas is used legally for medical, commercial, industrial, scientific, automotive, and food-related purposes, hospitals, police departments, and environmental cleanup groups have reported increased indicators of recreational use.

“That convergence tells us there is an emerging public problem that warrants a prevention response,” said Brittany Lobo, healthy communities section manager in the county’s Department of Health Services.

The ordinance aims to provide local enforcement tools, as state laws already prohibit the use of nitrous oxide as an intoxicant. Under the new regulations, violating the ordinance could result in the loss of a tobacco retail license. County staff reported that 94% of the 49 retail locations currently selling nitrous oxide are tobacco license holders, such as convenience stores and smoke shops.

The regulations will target products based on size and packaging. The type of business, such as a grocery store versus a smoke shop, will also factor into determining violations. The ordinance does not ban possession, but restricts retail sales with exceptions for wholesale transactions and legitimate medical, industrial, or food-related uses.

A Sonoma County staff report noted that non-medical inhalation can lead to neurological injury, oxygen deprivation, impaired judgment, and loss of consciousness. Lobo noted that the substance is being used by young adults because it cannot be detected on drug screens.