GUSTINE — The Gustine City Council on Tuesday will discuss whether to pursue a local ordinance restricting the sale or advertisement of nitrous oxide canisters, commonly known as “whippits,” as police report growing concerns about recreational abuse and its health risks.
The item, scheduled for the March 3 meeting, is for discussion only and seeks direction from the council on whether staff should draft a formal ordinance. Police Chief Ruben Chavez wrote in a staff report that Gustine currently has no municipal regulations governing the sale of the canisters, which are widely used in the culinary industry but increasingly misused as an inhalant.
Nitrous oxide, sold in small cartridges for whipped cream dispensers and in larger commercial canisters, can produce a brief euphoric effect when inhaled. Chavez said communities nationwide are reporting increased abuse, which can lead to nerve damage, spinal cord injury, cognitive impairment, cardiac complications and, in severe cases, death.
California law already prohibits possession of nitrous oxide with intent to inhale, bans sales to minors and requires sellers to keep transaction records. But Chavez said gaps in state law allow adults to purchase larger canisters without demonstrating legitimate use, creating opportunities for misuse.
Several states — including New York, Wisconsin, Florida, Massachusetts, Alabama and Minnesota — have enacted restrictions or bans on recreational sales. Cities such as Santa Ana and Costa Mesa have adopted local ordinances in response to rising complaints, increased emergency calls and concerns about youth access.
In Santa Ana, the City Council last year unanimously approved a ban on the sale and distribution of nitrous oxide except for medical, dental and other narrowly defined uses. Costa Mesa officials have also considered restrictions after documenting increased nitrous oxide involvement in traffic collisions and overdose cases.
Chavez said Gustine police have received calls from residents concerned about local sales and misuse. He said a discussion at the council level would help determine whether the city should pursue similar regulations, including limits on sales, distribution or advertising.
There is no fiscal impact associated with the discussion item. The proposal aligns with the city’s strategic goal of enhancing community policing, particularly efforts to reduce substance abuse and protect public health.
The council is expected to provide direction to staff on whether to prepare a draft ordinance for future consideration.