LA wants to ban using nitrous oxide to get high. But challenges loom

LOS ANGELES — The Los Angeles City Council is considering cracking down on the sale of nitrous oxide — known as laughing gas, which typically is administered by anesthesiologists as a short-acting sedative, but when used recreationally it can lead to disorientation, falls and even death.

But a ban intended to keep young people from using the gas to get high could prove challenging as California now allows the sale of the gas for other uses throughout the state.

In a 14-0 vote last month, the council directed the city attorney to analyze Rialto’s 2017 ordinance to ban the sale of nitrous oxide to minors. The city attorney was asked to look at how that city enforced the law and penalized violators, and to make recommendations for implementing a ban in Los Angeles.

“Nitrous oxide is a trending drug that is extremely addictive, harmful, and now more than ever, easily accessible at smoke and tobacco shops across the City,” said Councilmember Imelda Padilla. “California law allows individuals 18 years and older to purchase nitrous oxide, as long as it is not inhaled after purchase.”

Purchasing nitrous oxide with the intent to inhale is considered a misdemeanor in California— punishable by up to six months in jail and a $1,000 fine, or both.

But the sale of the gas is permitted for culinary and automotive uses. Small canisters of nitrous oxide are used to power whipped cream dispensers, with a box of 50 canisters selling for about $26 on Amazon. Specialty car shops sell the gas to boost the oxygen forced into the engine, increasing the performance of certain vehicles.

Some TikTok influencers have been seen promoting businesses in L.A. selling nitrous oxide canisters.

“This makes the law difficult to enforce and allows vendors, such as smoke shops and liquor stores, to sell nitrous oxide products,” Padilla said. “Vendors have now even introduced flavored nitrous oxide onto shelves. Studies have shown that adding flavors and colorful packaging to drug products play a key role in youth initiation and continued use.”

Padilla spearheaded the motion alongside Councilmember Eunisses Hernandez. Hernandez said young people are intentionally being targeted by advertising and lured by flavored “whippet” canisters used for dispensing whipped cream.

“We are seeing a lot of these types of activities in a lot of our public spaces with our young people,” Hernandez said. “I have some containers the community has given me as evidence of this activity. And the bottles are white, looks like whipped cream, have pictures of peaches and smells like peach.”

Rialto was the first city in the nation to ban illegal sales of nitrous oxide. Councilmember Ed Scott led a three-year effort to adopt the ordinance after the nitrous oxide-related death of his 17-year-old son, Myles “Eddie” Scott, on June 5, 2014.

His son was riding in a 1998 Acura, inhaling nitrous oxide along with the driver. About 7:15 p.m., the driver struck a tree along the 10 Freeway, killing everyone inside. Scott’s son graduated from Bloomington Christian High School a week before the crash.

“He was always a good kid. Never been in trouble,” Scott said. “I thought it was odd there was nitrous oxide in the car. So, I went into his phone and found that he had been engaging with other kids to start buying this stuff to sell at parties.”

Extensive research led Scott to uncover numerous parties in Rialto involving the recreational use of nitrous oxide. He said the Rialto Police Department conducted raids at automotive shops selling laughing gas to minors.

“We started pushing to come out with an ordinance to target smoke shops, because whippets mostly come from smoke shops,” Scott said. “So we banned it in smoke shops, started going after the car shops, and pretty much got a better control of it in our area than most other cities had.”

Rialto’s 2017 ordinance made the overall sale of the nitrous gas illegal regardless of recreational use, allowing it for medical and industrial purposes only. People who violated the ordinance face jail time, a $1,000 fine or both.

The ordinance was met with overall support, Scott says. It has helped decrease the number of deaths associated with the inhalation of nitrous oxide.

“We’ve had no deaths. We’ve had a couple of accidents and some DUIs, but not very many. It has definitely made a change in Rialto, Scott said. “Kids know that the Rialto Police Department doesn’t play with it. They have zero tolerance. It’s the same as alcohol or any other drug, as far as we’re concerned.”

Dr. Arash Motamed, an anesthesiologist at USC’s Keck Hospital, said nitrous oxide has historically been used to help get people unconscious but recreational use of the gas can lead to health problems.

“It’s hard for someone using nitrous recreationally to cause serious damage to yourself, unless you fall, or injure yourself in some other form,” Motamed said. “But it can have a problem with pregnancy, impacting neuron development of a fetus, potentially causing issues with the spinal cord formation of the fetus.”

A 2015 study on the recreational risks of nitrous oxide says people experience a short-lived euphoric trance after inhaling the gas from a balloon. The side effects included transient dizziness, dissociation, disorientation, loss of balance, impaired memory and cognition, and weakness in the legs. High levels of intoxication can lead to tripping and falling down, and fatal accidents were reported due to asphyxia.

The L.A. City Council faces a potential challenge in having police enforce the ban. The Los Angeles Police Department’s gang and narcotics unit said in a statement that it does not have a current tracking system or enforcement of nitrous oxide. It is unclear what role the LAPD would have if a ban is approved.

But during a council meeting in November, Padilla noted two separate fatalities that authorities said were related to the use of nitrous oxide.

The Los Angeles Unified School District reported 11 incidents of nitrous oxide possession during the 2023-24 academic school year. LAUSD Representative Genesis Coronado submitted a written communication supporting Padilla’s push for action.

“We respectfully urge the city council to vote in favor of the nitrous oxide motion. Our student population has already been detrimentally impacted by the prevalence of fentanyl laced drugs and other controlled substances,” Coronado wrote. “As a school district, we rely heavily on the support of our municipal partners to help us address societal challenges that extend beyond the walls of our schools.”

Scott said L.A. is moving in the right direction.

“I just think there needs to be more attention paid to it. And unfortunately, young people are the casualty of it, while adults are selling and making money. That’s a sad thing for me.”