The council on Feb. 8, unanimously authorized the mayor to send a letter of support for Senate Bill 758, which would ban the sale of nitrous oxide. Grocery stores would be exempt.
This was a Consent Calendar item. Consent items are voted on collectively, without discussion, unless a council member pulls one or more items for further discussion. This item was not pulled.
Background
“Nitrous oxide (NOX) is an odorless, colorless chemical with legitimate uses in food preparation and dentistry. However, it is increasingly misused through inhalation for intoxicating purposes. In recent years, numerous California cities have reported an increase in the recreational use of NOX obtained from smoke shops and other retailers and have brought forth ordinances focused on restricting the sale of NOX in retail locations,” according to the staff report by Management Analyst Lauren Barich.
“Recreational use of NOX is illegal. It is also extremely dangerous and can result in serious health problems and death, according to the U.S. Food and Drug Administration. Although current law prohibits the sale of NOX for recreational intoxicating purposes, significant loopholes in the statutory framework allow these products to be easily diverted into the recreational market. For example, NOX canisters labeled for food preparation are repurposed and resold at various tobacco retail locations. Effectively preventing the recreational sale of NOX will require clear, consistent statewide guidelines,” Barich wrote.
“State Senator Tom Umberg (District 34) introduced SB 758, the Substance Control and Retail Integrity Act, to address this matter. This bill closes the loophole that allows NOX to be sold in smoke shops and establishes a consistent regulatory baseline for cities to address the increase in recreational NOX. The bill passed unanimously in the Senate and has been ordered to the State Assembly, where it awaits further action,” Barich wrote.
“Previous versions of SB 758 initially made it a misdemeanor to sell kratom containing 7-hydroxymitragynine or 7-OH. Kratom comes from the Mitragyna speciosa plant,” Barich wrote.
“Some say in its natural form it can be used for medicinal purposes, however, health officials have warned claims are unproven and there are adverse side effects,” Barich wrote.
“The legislation was amended, and as adopted, it does not contain provisions related to kratom,” Barich wrote.
