Senate committee advances bill to curb sales of large nitrous‑oxide canisters

Sen. Blake Spear introduced SB 936 on Tuesday, saying the measure would prohibit retail sale of nitrous‑oxide canisters larger than 8 grams while preserving legitimate medical, dental, culinary and automotive uses.

“We are not trying to criminalize legitimate uses,” Spear said, describing flavored, large‑tank products marketed in smoke shops that he said appeal to young people. He told the committee the bill aims to reduce access to the canisters most commonly linked to misuse.

The bill’s supporters described a recent rise in harms tied to nitrous oxide. “Across California, emergency department visits related to nitrous oxide increased 246% between 2018 and 2023,” said James Fontaine, chief of the major narcotics division at the San Diego County District Attorney’s Office, who urged an aye vote. Fontaine recounted cases in which drivers impaired by nitrous oxide crashed or died and said large tanks branded and flavored for recreational use appear widely available.

Madeline Klein, a Mendocino County supervisor, told the committee that local activism and ordinances preceded the bill and recounted littered canisters and local crashes. “We cannot keep allowing retailers to sell this misleading and addictive product to our residents often aimed at kids and young adults,” she said.

The ACLU’s principal witness urged the committee to amend the bill to adopt a regulatory approach focused on retailers rather than criminal penalties for individuals. “The proper avenue for the intent of SB 936 is direct regulation of those retailers, not criminalization of individuals,” the ACLU representative said, noting the word “retail” does not currently appear in the draft language and warning the bill’s paraphernalia language could be broader than intended.

Spear and witnesses said the measure uses escalating fines and licensing suspensions rather than creating new possession crimes. Committee members pressed the author about drafting to avoid unintentionally sweeping in ordinary household items; Spear said he would work to narrow language and emphasized the bill’s emphasis on retail availability of large tanks.

The committee moved the measure out of the policy committee (motion moved by Vice Chair) for further consideration; the committee recorded an aye vote when the roll was called.

Next steps: SB 936 was moved to the Business, Professions and Economic Development Committee for further review; committee staff and the author signaled intent to refine regulatory language and to clarify which retail devices the bill targets.