Special Notice / Hearing: None__
Vote Required: Majority
To: Honorable Board of Supervisors
From: President David Canepa, District 5
Supervisor Ray Mueller, District 3
Subject: Introduction of Ordinance Banning the Sale and Distribution of Nitrous Oxide Subject to Limited Exceptions
RECOMMENDATION:
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Introduction of an ordinance adding Chapter 4.124 to the San Mateo County Ordinance Code banning the sale and distribution of nitrous oxide subject to limited exceptions and waive the reading of the ordinance in its entirety.
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BACKGROUND:
Nitrous oxide is an odorless, colorless chemical with certain legitimate uses, including for medical or dental procedures in clinical settings, as well as industrial, research and development, and food-product uses. However, nitrous oxide is also misused and abused for recreational purposes, in part because it is easy to purchase from retail vendors and is relatively inexpensive.
The recreational misuse of nitrous oxide (or “whippits”) can cause long term negative health effects, including organ and neurological damage, depression, and psychosis. Because youth are particularly susceptible to the dangers associated with recreational use of nitrous oxide, in 2009 the State of California prohibited the sale of nitrous oxide to persons under the age of 18.
The San Mateo County Youth Commission, along with San Mateo County’s Behavioral Health and Recovery Services, has identified that, despite this statewide prohibition, youth in San Mateo County are at risk for nitrous oxide abuse due to the sale of nitrous oxide at shops in the County, potentially without age verification.
At the Youth Commission’s recommendation, on August 12, 2025, the Board adopted Resolution No. 081349 affirming the County’s commitment to preventing youth nitrous oxide abuse and directing County staff to prepare an ordinance banning the sale and distribution of nitrous oxide.
DISCUSSION:
The proposed Ordinance would, subject to certain exceptions, ban the sale, attempted sale, offer to sell, distribution, or provision of nitrous oxide in the unincorporated areas of the County.
The ban would not apply to nitrous oxide sold or distributed in food products; for use with vehicles; at wholesale for identified purposes; for use by medical providers; or for research and development purposes; nor would the Ordinance ban the sale or distribution of nitrous oxide by pharmacies.
Violation of the Ordinance would constitute a public nuisance, and violators would be subject to criminal penalties, including imprisonment up to one year in jail; administrative fines; revocation of applicable retail licenses and permits; and any other enforcement mechanism authorized by law.
The County Attorney’s Office has reviewed and approved the Ordinance as to form.
COMMUNITY IMPACT:
This Ordinance seeks to protect the health, safety, and welfare of San Mateo County residents, and particularly youth, from the harms of recreational nitrous oxide use.
FISCAL IMPACT:
There is no direct fiscal impact to the County associated with adoption of the Ordinance. However, enforcement by the County will likely result in future costs in an amount currently unknown.