The sale of nitrous oxide canisters, or “whippits,” in the City of Gustine will be prohibited within the next month after city council officials voted 5-0 to pass the ordinance last Tuesday.
The enactment comes more than a month after it was at the forefront of discussion in a March 3 meeting. In the meeting, Gustine Police Chief Ruben Chavez mentioned that the police department has received complaints about the canisters being sold for “unintended purpose”, according to the meeting’s staff report. Council members later directed city staff to draft an ordinance ahead of Tuesday’s meeting.
Nitrous oxide, referred to as “laughing gas”, is colorless gas that is stored as a liquid, according to the Centers for Disease Control and Prevention.
In the culinary industry, the canisters are used for whipped cream on desserts and creating cocktails. However, the canisters can be inhaled and be sold in smoke shops under brand names such as Galaxy Gas and Exotic Whip.
Some of the health effects caused through recreation use include nausea, fainting, headaches, dizziness and nerve damage, according to the Cleveland Clinic.
During Tuesday's meeting, GPD Sgt. Francisco Martinez spearheaded discussion on ordinance, and brought an empty canister as a prompt to the council members. The canister was turned in to the department by a resident who found it laying on the city streets, he said.
“Currently, the canisters have become known to be purchased and abused. Inhaling the contents of the can creates a short-lived high,” Martinez said.
While the abuse of nitrous oxide hasn't persisted in the city, it’s been a topic of discussion between GPD and other Merced County police departments, he said. Martinez added that GPD officers haven’t been notified of any substance abuse, but said “most people tend to keep their recreational use private.”
Violators are subject to a $500 fine on the first offense, $750 for the next and $1,000 on a third offense, if committed simultaneously in a 12-month period as stated in the staff report. While there’s no information on additional infractions after the third offense, a violation may result in revoking a business license.
Some of the exceptions to the ordinance include the substance or device containing it being sold for use in a vehicle, medical care use or ingredients in food products, according to the staff report.
While the repercussion may seem stern, council members were vocal on the penalties for violating the ordinance, particularly on how it may seem lenient.
Among the individuals outspoken on the penalties was Councilmember Sherri Marisigli. Marisigli suggested that business owners should lose their license after the third violation as she said the proposed penalties aren’t “steep enough.”
“As a business owner, you should know if you’re selling something illegal in the city,” she said. “If they’re violating something that affects the residents of the community, then you shouldn't have your license or your permit.”
Mayor Patrick Nagy expressed a similar sentiment to Marisigli. He suggested a $1,000 fine on the first offense, and $2,000 fine and revocation of the business license following a second offense.
“A smoke shop is not where a baker or somebody making specialty cocktails is going to buy their nitrous oxide,” he said.
In response to Nagy’s proposal, City Manager Melanie Correa said she’ll work to have a draft of the proposed notify city staff to draft revisions of the violations in a second reading of the ordinance.
Massachusetts, New York, Florida, Alabama and Washington are one of several states that have either banned or limited the sale of nitrous oxide. Within the last year, cities such as Costa Mesa, Santa Ana, Fullerton and San Jose adopted ordinances to ban the sale of nitrous oxide.
Numerous laws under California Penal Code Section 381 center on the sale and use of nitrous oxide. Penal Code Section 381b prohibits the possession of nitrous oxide when intended for inhalation. Penal Code Section 381d makes it a misdemeanor in the sale of nitrous oxide for inhalation.
