SLO County moves to develop ordinance restricting nitrous‑oxide sales and to monitor kratom legislation
June 02, 2026 | San Luis Obispo County, California
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San Luis Obispo County Public Health recommended on June 2 that the county develop local enforcement authority for nitrous‑oxide sales and monitor state legislation on kratom and its synthetic derivatives before pursuing local controls.
Health‑promotion division manager Jen Miller told the board that modern nitrous‑oxide products (large flavored canisters) are widely available in retail settings and can be used repeatedly to produce prolonged effects that have been associated with permanent neurological damage in chronic users. The presentation cited local indicators — 14 emergency calls in two years and six sobering‑center admissions last year — and national and local increases in inhalant reporting among youth.
Miller also summarized kratom risks: a national ~1,200% increase in kratom‑related poison‑control calls over 10 years (sharpest rise in the last 12 months) and nine local overdose deaths over the past five years where kratom appeared on toxicology (other substances were also present). She noted that some highly concentrated kratom derivatives (7‑OH formulations) act on opioid receptors and can be substantially more potent than morphine.
Staff recommended a complaint‑driven, coordinated enforcement model that would assign inspection and enforcement roles to local programs (tobacco control, environmental health, code enforcement) and the Sheriff’s Office. Because state bills under consideration would place enforcement with state agencies that may not have local inspection capacity, the county’s ordinance would give local agencies authority to inspect retailers, remove illegal products and recover enforcement costs. For kratom, staff recommended waiting for the outcome of pending bills (AB 1088 was noted) and returning after the 2026 legislative session with ordinance language aligned to the final state framework.
Public comment included a family member’s account of severe, persistent neurological injury attributed to nitrous‑oxide misuse; the speaker urged immediate local action. The board voted to direct staff to move forward with ordinance development for nitrous oxide now and to continue monitoring kratom policy and conduct education and retailer outreach in the interim.
What’s next: Public Health will draft ordinance language, coordinate a countywide enforcement approach with the Sheriff and city partners and return to the board with proposed code language and implementation plans.
Health‑promotion division manager Jen Miller told the board that modern nitrous‑oxide products (large flavored canisters) are widely available in retail settings and can be used repeatedly to produce prolonged effects that have been associated with permanent neurological damage in chronic users. The presentation cited local indicators — 14 emergency calls in two years and six sobering‑center admissions last year — and national and local increases in inhalant reporting among youth.
Miller also summarized kratom risks: a national ~1,200% increase in kratom‑related poison‑control calls over 10 years (sharpest rise in the last 12 months) and nine local overdose deaths over the past five years where kratom appeared on toxicology (other substances were also present). She noted that some highly concentrated kratom derivatives (7‑OH formulations) act on opioid receptors and can be substantially more potent than morphine.
Staff recommended a complaint‑driven, coordinated enforcement model that would assign inspection and enforcement roles to local programs (tobacco control, environmental health, code enforcement) and the Sheriff’s Office. Because state bills under consideration would place enforcement with state agencies that may not have local inspection capacity, the county’s ordinance would give local agencies authority to inspect retailers, remove illegal products and recover enforcement costs. For kratom, staff recommended waiting for the outcome of pending bills (AB 1088 was noted) and returning after the 2026 legislative session with ordinance language aligned to the final state framework.
Public comment included a family member’s account of severe, persistent neurological injury attributed to nitrous‑oxide misuse; the speaker urged immediate local action. The board voted to direct staff to move forward with ordinance development for nitrous oxide now and to continue monitoring kratom policy and conduct education and retailer outreach in the interim.
What’s next: Public Health will draft ordinance language, coordinate a countywide enforcement approach with the Sheriff and city partners and return to the board with proposed code language and implementation plans.
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