The Los Angeles City Council on Wednesday banned the sale and distribution of nitrous oxide by tobacco and cannabis retailers.
In a 14-0 vote, council members approved an ordinance banning nitrous oxide products with exemptions for pre-packaged food that uses nitrous oxide as a propellant. The ordinance heads to Mayor Karen Bass for consideration.
Councilwoman Katy Yaroslavsky was absent during Wednesday’s meeting.
The City Council also requested the City Attorney’s Office to prepare and present a separate draft ordinance to expand the types of businesses that could be subject to criminal charges for the sale and distribution of nitrous oxide products to include all retailers offering these products for sale without legitimate use.
Council members Imelda Padilla has worked for two years on the policy. Similar efforts to curb recreational nitrous oxide use have risen in other cities and jurisdictions.
“Our fight against against the recreational sale of nitrous oxide, often called NAWS, now has new tools at the state level. SB 758 prohibits smoke shops, tobacco retailers and convenience stores from selling nitrous oxide altogether. SB 9336 bans flavored nitrous oxide and restricts the sale of large unflavored tanks, commonly used, recreationally,” Padilla said.
Padilla said these laws give cities and counties clear authority to adopt stronger local restrictions.
“For us, that means more tools to keep these products off store shelves and strengthen the protection we have been toward here in Los Angeles,” Padilla said.
Council President Marqueece Harris-Dawson thanked Padilla for her leadership on the issue, Councilman Tim McOsker for his support, and for youth advocates who have been demanding a ban on nitrous oxide products.
“For the students that are here, remember you can create a world where the next generation of students won’t have to show up to City Council to ask for poison to be taken away from in and around their schools,” Harris-Dawson said.
Albert Melena and Scott Branscomb, representatives of the San Fernando Valley Partnership, a local nonprofit advocating for healthy communities, urged the council to approve the ban.
“Many of us are witnessing the level of discarded tanks that we’re seeing throughout out communities, and it’s important to recognize that those tanks aren’t litter. They’re a warning sign of how available this product is,” Melena said.
“We know for a fact that these products, certain nitrous oxide products, were developed for the sale at smoke shops. To put it into perspective, 73% of the schools in the city of Los Angeles are within 1,000 feet of a smoke shop,” Melena added. “This is literally a public health issue.”
A group of students from Bert Corona Charter High School also spoke during public comment in support of the ban. Students emphasized that their communities are important to them, and that it is important to support their health and future. Students said by banning the nitrous oxide products from smoke shops would help create safer communities for them and future students.
