Arcata’s city council will consider an ordinance today to make the sale and distribution of nitrous oxide illegal because of its health effects and its ease to obtain.

Using nitrous oxide “for the purpose of causing intoxication” is already illegal in California, as is selling to people who intend to use it to get high. However, its sale for use as a whipped cream propellant makes it simple to get, and liquor shops and convenience stores around Arcata sell it.

There are exemptions for doctors, dentists, and if it’s being sold in a food product. Sellers to would-be huffers could get tagged with a $1,000 fine, six months in jail or both.

Overusing nitrous oxide has some health risks; it can block the absorption of Vitamin B12, and heavy users can sometimes lose feeling in their extremities. Last year, a suspect in a Eureka vehicular homicide case admitted to using nitrous before killing a pedestrian. 

Arcata is also concerned about the young age of many users. The staff report that accompanies the ordinance cites a 2023 study from the California Healthy Kids Survey that says 11% of 7th and 11th grade students had used inhalants, though it doesn’t specify which kinds.

It’s part of a larger effort county-wide to make the gas extremely difficult to get. The Humboldt County Board of Supervisors will likely adopt a motion to ban the sale of nitrous on June 3, and Eureka has also called for a ban.

Arcata city manager Merritt Perry said that the city council had been considering an ordinance since before last year, but waited until now to make sure that the rollout of the ban was consistent across county and city jurisdictions. 

He said that the city hadn’t received any pushback against the proposed ban, and had only heard positive feedback. A frequent point of contention against nitrous is the huge amount of waste its use generates; old metal canisters are a common piece of litter around the city.

“People generally recognize that there’s a threat to public health,” Perry said in a phone interview with the Outpost today. “They’re aware of the waste, and they’re aware of the adverse health impact.”

The Arcata city council will meet tonight at 6 p.m. at city hall.