LONG BEACH, CA — Long Beach is moving to strengthen restrictions on nitrous oxide sales after the City Council approved a proposal Tuesday aimed at closing retail loopholes, expanding local enforcement and addressing growing concerns about recreational misuse of the substance.
The recommendation, introduced by Councilmember Tunua Thrash-Ntuk and co-sponsored by Mary Zendejas and Kristina Duggan, directs city officials to develop a two-phase regulatory framework that builds on recently enacted California legislation while protecting legitimate medical, dental, culinary, industrial and automotive uses.
Under the plan, the city manager, working with the city attorney and relevant departments, must bring an initial ordinance before the council within 60 days, followed by proposals for additional restrictions within 120 days.
The council approved the recommendation at its Oct. 13 meeting. However, Tuesday's action does not itself enact new restrictions; any proposed ordinance would require further consideration.
Thrash-Ntuk said nitrous oxide, commonly known as laughing gas or whippets and sold under brands such as Galaxy Gas, has become increasingly available for recreational inhalation, creating public health concerns and leaving discarded metal cylinders in residential neighborhoods.
"Over the past year, this substance has flooded our streets, leaving behind hazardous metal cylinders and silver canisters as litter in our neighborhoods," she told colleagues.
She said some businesses have exploited gaps in existing regulations by selling nitrous oxide without holding conventional tobacco retail permits, limiting the effectiveness of tobacco-specific enforcement.
The councilwoman described a recurring problem involving a business in her Eighth District that operated under different retail categories, illustrating what she said was the need for a broader approach.
The first phase would incorporate provisions of two recently enacted California laws, Senate Bill 758 and Senate Bill 936, into the Long Beach Municipal Code.
SB 758, authored by state Sen. Tom Umberg and co-authored by Sen. Caroline Menjivar, prohibits retailers licensed to sell cigarettes or tobacco products from selling nitrous oxide. The law exempts grocery stores and general merchandise stores with grocery departments that meet its definitions, but does not extend that exemption to convenience stores.
The legislation also expressly permits local governments to adopt stronger restrictions on retail nitrous oxide sales, provided those measures comply with state law and preserve protected legitimate uses.
SB 936, introduced by state Sens. Catherine Blakespear and Umberg, establishes additional statewide restrictions on certain nitrous oxide products, including containers capable of holding more than eight grams, containers designed for direct inhalation, flavored products and devices intended to facilitate inhalation.
The law includes specified exemptions, including qualifying small cartridges used in food preparation, as well as medical, dental, industrial and automotive applications. Both laws are scheduled to take effect Jan. 1, 2027. Long Beach's initial ordinance would establish local enforcement mechanisms, potentially allowing administrative citations, business license enforcement and permit suspension or revocation.
The second phase would examine additional measures, including limits on the amount sold in individual transactions, stricter product display requirements and potential restrictions around schools, parks and libraries. Those additional measures remain under consideration and would be subject to legal review before returning to the council.
Council members emphasized that the proposal is intended to target recreational misuse rather than interfere with businesses and professionals that lawfully use nitrous oxide.
The substance has established applications in medicine and dentistry, where it is used for sedation and pain management, as well as in commercial food preparation, manufacturing and automotive services.
Thrash-Ntuk said the city's approach must distinguish between those activities and businesses selling products intended for recreational inhalation.
"We'll close those retail loopholes, and we want to make sure that we don't burden those lawful uses," she said.
Zendejas, who seconded the motion, supported the phased approach, saying it would allow the city to establish local enforcement alongside the new state restrictions while giving staff additional time to evaluate broader measures.
She also called for clear guidance to retailers and other legitimate users about what would remain permitted.
During Tuesday's discussion, Thrash-Ntuk cited state health data showing a sharp increase in medical emergencies associated with nitrous oxide misuse.
According to an Orange County Health Care Agency report, which draws on California Department of Public Health data, emergency department visits related to nitrous oxide rose 246 percent between 2018 and 2023, increasing from 76 to 263 statewide.
Hospitalizations involving a form of spinal cord degeneration associated with vitamin B deficiency also increased 175 percent over that period, from 48 to 132 cases. Nitrous oxide misuse can interfere with the body's ability to use vitamin B12, potentially causing serious neurological damage.
Thrash-Ntuk also pointed to brightly colored packaging and flavored products that she said make nitrous oxide particularly concerning when marketed for recreational use. The Ridgewood Triangle Neighborhood Association submitted a letter supporting the council proposal, according to the councilwoman.
With the recommendation approved, city staff must now prepare the initial ordinance within 60 days and return with proposals for further restrictions within 120 days.
Any new municipal restrictions would still require council approval before becoming law.
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