CaliforniaCalifornia restricts sales of large and inhalable nitrous oxide products
Most sellers could not offer large or directly inhalable nitrous oxide containers, food flavored nitrous oxide, or certain inhalation devices, with exceptions for specified uses.
What it does
Most sales of large or directly inhalable nitrous oxide containers, food flavored nitrous oxide, and certain inhalation devices would be banned, with exceptions for specified uses. Fines rise for repeat violations.
Tobacco sellers could have violating nitrous oxide products seized at sites where they store or sell tobacco. Repeat violations within five years bring larger fines and can suspend or revoke their tobacco license.
Courts may suspend a business license for up to a year after a business knowingly breaks the rules following a prior conviction. A tobacco sales license may be revoked after two prior convictions.
People and businesses found in violation would have to pay reasonable public agency costs to investigate and handle the products involved.
Argument forThe restrictions and escalating penalties could make it harder to sell nitrous oxide products and devices designed for inhalation.
Argument againstSmall retailers could face fines for selling common food flavored products if the flavor is distinguishable to ordinary consumers.
More detail
Most sales and distribution of nitrous oxide containers holding more than eight grams or allowing direct inhalation would be unlawful. Selling food flavored nitrous oxide or certain inhalation devices would also be unlawful; violations are infractions with escalating fines. The restrictions apply to any person selling, offering to sell, or distributing nitrous oxide or the covered containers and devices, including through online or other digital means. The container size and direct inhalation bans have exceptions for specified industrial, vehicle, medical, food preparation, and other uses; sealed finished foods using nitrous oxide only as a propellant are also excluded. The device ban applies when a seller knows or reasonably should know that the device enables inhalation or holds released nitrous oxide for inhalation. The food flavor rule applies when an ordinary consumer can distinguish the food taste or smell before or during use. The provided text gives no separate start date for these restrictions.
The tax department may seize nitrous oxide products involved in violations at tobacco businesses and impose civil penalties; repeat violations can suspend or revoke a tobacco license. This applies to people in the business of selling cigarettes or tobacco products in California, at any site where those products are stored or sold. A violation must involve nitrous oxide held or sold in violation of the new restrictions at a site where cigarettes or tobacco products are stored or sold. The penalty depends on the seized products' total retail value and whether it is a first, second, or third violation within five years of the first. A second violation brings a five- or 10-day license suspension; a third brings license revocation. Collected penalties go to the Cigarette and Tobacco Products Compliance Fund. The repeat-violation period runs for five years from the first violation involving a seizure.
A court may suspend a business license after a knowing violation and prior conviction, or revoke a tobacco sales license after two prior convictions. This applies to businesses that violate the nitrous oxide restrictions after the required prior convictions. The business must knowingly violate the restrictions after a prior conviction for a suspension order, or after two prior convictions for a tobacco license revocation order. A suspension may last up to one year. A tobacco license revocation is carried out by the tax department after court notice. The suspension or revocation may follow the required prior convictions; no other timing is stated.
Anyone found to violate the restrictions must cover reasonable public agency costs tied to enforcement and handling the products involved. This applies to any person, distributor, or business found to have violated the nitrous oxide restrictions. The costs must be reasonable and connected to investigation, inspection, seizure, storage, transport, handling, venting, cleanup, disposal, destruction, or enforcement of the section.
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Where it stands
- Introduced
- Passed Senate
- Passed Assembly
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Sep 18Chaptered by Secretary of State. Chapter 317, Statutes of 2026.Latest
- Sep 18Approved by the Governor Gavin Newsom.Became Law
- Sep 2Enrolled and presented to the Governor at 3 p.m.To Governor
- Aug 27Assembly amendments concurred in. (Ayes 40. Noes 0. Page 5986.) Ordered to engrossing and enrolling.Major
- Vote recorded Special Consent SB936 Blakespear et al. Result: pass.Upper
- Aug 26Ordered to special consent calendar.
- Aug 24In Senate. Concurrence in Assembly amendments pending.
- Vote recorded SB 936 Blakespear Senate Third Reading By Davies. Result: pass.Lower
- Aug 24Read third time. Passed. (Ayes 78. Noes 0. Page 6390.) Ordered to the Senate.Passed Assembly
- Aug 17Ordered to third reading.Minor
- Aug 17Read third time and amended.Major
- Aug 13Read second time. Ordered to third reading.Minor
- Vote recorded Do pass. Result: pass.Lower
- Aug 13From committee: Do pass. (Ayes 15. Noes 0.) (August 13).Minor
- Aug 13Assembly Rule 63 suspended.
- Aug 5August 5 set for first hearing. Placed on suspense file.
- Jul 2Read second time and amended. Re-referred to Com. on APPR.Major
- Jul 1From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (June 30).Major
- Jun 30
- Vote recorded Do pass as amended and be re-referred to the Committee on [Appropriations]. Result: pass.Lower
- Jun 23June 23 hearing postponed by committee.
- Jun 16From committee: Do pass and re-refer to Com. on PUB. S. (Ayes 17. Noes 0.) (June 16). Re-referred to Com. on PUB. S.Minor
- Vote recorded Do pass and be re-referred to the Committee on [Public Safety]. Result: pass.Lower
- Jun 16Coauthors revised.
- Jun 8Referred to Coms. on B. & P. and PUB. S.Minor
- May 22In Assembly. Read first time. Held at Desk.Minor
- Vote recorded Special Consent SB936 Blakespear et al. Result: pass.Upper
- May 22Read third time. Passed. (Ayes 33. Noes 0. Page 4417.) Ordered to the Assembly.Passed Senate
- May 20Ordered to special consent calendar.
- May 19Read second time. Ordered to third reading.Minor
- May 18Ordered to second reading.Minor
- May 18Read third time and amended.Major
- May 14Read second time. Ordered to third reading.Minor
- Vote recorded Do pass. Result: pass.Upper
- May 14From committee: Do pass. (Ayes 7. Noes 0. Page 4258.) (May 14).Minor
- May 8Set for hearing May 14.
- May 4May 4 hearing: Placed on APPR. suspense file.
- Vote recorded Placed on suspense file. Result: pass.Upper
- Apr 28From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.Major
- Apr 24Set for hearing May 4.
- Apr 21April 27 hearing postponed by committee.
- Apr 17Set for hearing April 27.
- Apr 13From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 0. Page 3840.) (April 13). Re-referred to Com. on APPR.Minor
- Vote recorded Do pass, but first be re-referred to the Committee on [Appropriations]. Result: pass.Upper
- Apr 8Set for hearing April 13.
- Apr 8From committee with author's amendments. Read second time and amended. Re-referred to Com. on B. P. & E.D.Major
- Mar 17From committee: Do pass and re-refer to Com. on B. P. & E.D. (Ayes 6. Noes 0. Page 3589.) (March 17). Re-referred to Com. on B. P. & E.D.Minor
- Vote recorded Do pass, but first be re-referred to the Committee on [Business, Professions and Economic Development]. Result: pass.Upper
- Mar 3Set for hearing March 17.
- Feb 11Referred to Coms. on PUB. S. and B. P. & E.D.Minor
- Jan 30From printer. May be acted upon on or after March 1.
- Jan 29Introduced. Read first time. To Com. on RLS. for assignment. To print.Introduced
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