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Nitrous oxide laws in California

We follow 4 California rules on whipped-cream chargers, nitrous oxide tanks and crackers; 3 are bans.

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California

18+Sell nitrous oxide chargers, tanks or other N2O containers in California only to buyers 18 or older.
Cal. Penal Code § 381c · effective Jan 1, 2010 · draft
Exact text
(a) As used in this section, “nitrous oxide” refers to any of the following substances: N2O, dinitrogen monoxide, dinitrogen oxide, nitrogen oxide, or laughing gas.
(b) Every person who sells, furnishes, administers, distributes, gives away, or offers to sell, furnish, administer, distribute, or give away a device, canister, tank, or receptacle either exclusively containing nitrous oxide or exclusively containing a chemical compound mixed with nitrous oxide, to a person under 18 years of age is guilty of a misdemeanor. The court shall consider ordering the person to perform community service as a condition of probation.
(c) (1) It is a defense to this crime that the defendant honestly and reasonably believed that the minor involved in the offense was at least 18 years of age.
(2) The defendant shall bear the burden of establishing this defense by a preponderance of the evidence.
(d) For the purpose of preventing a violation of this section, any person may refuse to sell, furnish, administer, distribute, or give away a device, canister, tank, or receptacle either exclusively containing nitrous oxide or exclusively containing a chemical compound mixed with nitrous oxide to a person who is unable to produce adequate proof of age of majority.
(e) On and after July 1, 2010, the court shall order the suspension of the business license, for a period of up to one year, of a person who knowingly violates this section after having been previously convicted of a violation of this section, unless the owner of the business license can demonstrate a good faith attempt to prevent illegal sales or deliveries by the owner’s employees.
(f) This section shall not apply to any person who administers nitrous oxide for the purpose of providing medical or dental care, if administered by a medical or dental practitioner licensed by this state or at the direction or under the supervision of a practitioner licensed by this state.
(g) This section does not apply to the sale of nitrous oxide contained in food products for use as a propellant.
BannedFrom January 1, 2027, do not sell or ship nitrous oxide tanks or canisters holding more than 8 grams to California, including online.
Exact text
119408.(a) Except as provided in this section, it is unlawful for any person to sell, offer to sell, or distribute a nitrous oxide container that is capable of holding more than eight grams of nitrous oxide.
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(g) Subdivision (a) does not apply to nitrous oxide or a nitrous oxide container that meets any of the following:
(1) Has been denatured or otherwise rendered unfit for human consumption or use.
(2) Is intended and marketed for use by a manufacturer as part of a manufacturing process or industrial operation.
(3) Is specifically designed and marketed for use in a vehicle to enhance the performance of the vehicle.
(4) Is sold to a licensed medical, veterinary, or dental practitioner to be administered or prescribed as part of the care or treatment of a disease, condition, or injury.
(5) Contains less than nine grams of nitrous oxide as a propellant in food or to be used in food preparation for restaurant, food service, or houseware products.
(6) Is sold by a wholesaler for any purpose listed in this subdivision.
(h) This section does not apply to commercially manufactured, sealed finished food products intended for retail sale as food that contain nitrous oxide solely as a propellant for dispensing the food product.
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(j) For purposes of this section, a reference to a sale, offer to sell, distribution, advertisement, or provision of a product or service includes conduct that occurs in person, through the internet, or through any other electronic or digital means.
BannedFrom January 1, 2027, do not sell or ship flavored nitrous oxide (any size) to California.
Exact text
(c) It is unlawful to sell, offer to sell, or distribute nitrous oxide that has, or is marketed as having, the taste or smell of any food, including, but not limited to, any fruit, candy, dessert, alcoholic beverage, herb, or spice, that is distinguishable by an ordinary consumer either prior to or during consumption or use of the product.
BannedFrom January 1, 2027, do not sell or ship nitrous oxide crackers, balloon nozzles or similar devices for releasing N2O to California.
Exact text
(b) Except as provided in this section, it is unlawful for any person to sell, offer to sell, or distribute a nitrous oxide container from which an individual may directly inhale nitrous oxide.
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(d) It is unlawful to sell, offer to sell, or distribute a device that a person knows, or reasonably should know, allows an individual to inhale nitrous oxide from the nitrous oxide container or to hold nitrous oxide released from the nitrous oxide container for purposes of inhalation.