To address an escalating public health and safety threat, the Commerce City Council voted on Tuesday, Oct. 13 to immediately ban the retail sale and non-medical distribution of nitrous oxide.
The City Council adopted Urgency Ordinance No. 838, which took effect immediately, alongside introducing regular Ordinance No. 839 to establish a permanent municipal ban. The measure responds to the widespread retail proliferation of nitrous oxide — commonly known as “laughing gas,” “whippets” or “galaxy gas” — to address growing recreational misuse.
While new California state legislation (Senate Bill 936) restricting nitrous oxide will take effect on Jan. 1, 2027, the City Council’s action closes the regulatory gap and protects residents immediately.
“The health and safety of our community are the City Council’s highest priorities,” said Mayor Kevin Lainez. “We have seen the health risks that unrestricted retail access to nitrous oxide can cause. By taking immediate action, Commerce is setting a zero-tolerance standard against profiting off substances that endanger our community.”
Recreational inhalation of nitrous oxide deprives the brain of oxygen and can lead to severe health consequences, including permanent nerve damage, loss of consciousness, paralysis and even death. Driving under the influence of the gas can also contribute to severe motor vehicle collisions.
The new local law makes the retail sale or distribution of nitrous oxide punishable as a misdemeanor and subject to fines, imprisonment or both. Any business that violates this ordinance may have its business license revoked. Simultaneously, it protects legitimate medical, commercial and industrial operations. Clear exceptions are built into the law for medical and dental treatments, commercial food preparation, automotive performance uses and legitimate wholesale business transactions.
Commerce joins a growing list of other California cities that have passed local regulations targeting retail sales of nitrous oxide, including Los Angeles, Rialto and Santa Ana.
“We are taking a proactive, preventative approach to protect Commerce,” said City Manager Ernie Hernandez. “We’re shutting down dangerous retail sales while ensuring our responsible commercial businesses and healthcare providers can continue operations without disruption.”
Businesses operating in Commerce are urged to review the updated Municipal Code regulations to ensure immediate compliance. For more information about Ordinance No. 838, visit www.commerceca.gov or contact Commerce City Hall at (323) 722-4805.