###

At last night’s meeting, the Eureka City Council unanimously approved an ordinance banning the sale and distribution of nitrous oxide within city limits in an effort to curb recreational use. The ordinance, which is set to take effect Jan. 1, 2026, includes some exceptions for legitimate commercial uses. 

The ban is part of a nationwide effort to limit the availability of nitrous oxide — commonly known as laughing gas, whippits or NOS —  which has surged in popularity among teenagers and young adults with the advent of new flavors and eye-catching packaging. 

Recreational sales, distribution and use of nitrous oxide is already a misdemeanor in California, but there are loopholes in state regulations that allow “food grade” nitrous cartridges to be sold as a whipped cream propellant in convenience stores and smoke shops. The substance can even be ordered online from Amazon and eBay.

Earlier this year, the Humboldt County Board of Supervisors became one of the first California counties to pass a retail ban on nitrous oxide in unincorporated areas of the county. The City of Eureka and other local municipalities have been working on their own ordinances since last year.

Speaking at last night’s meeting, Eureka City Manager Miles Slattery said the city’s ordinance — linked here — would prohibit the sale and distribution of nitrous oxide in city limits. Those found in violation of the ordinance could face a $1,000 fine or up to one year in county jail. 

Slattery | Screenshot

“There are certain exemptions [built] into the ordinance … for medical purposes and food-grade products,” Slattery said. “I want to clarify that when it says food-grade products, those are already packaged products. That would be your whipped cream that’s already in a canister that you would buy from a grocery store, or any other already pre-packaged item at a grocery store.”

Councilmembers Kati Moulton and Renee Contreras-DeLoach noted that the ordinance includes exemptions for medical professionals and asked why there weren’t similar carve-outs for restaurants and coffee shops that use nitrous cartridges for whipped cream canisters and other aerated foods. 

Slattery said a culinary exemption was discussed in meetings with county administrators and local law enforcement officials, but they worried that it would allow certain retailers to continue to sell the substance under the guise of a food product.

“Those same companies that are selling this against state law could still sell this to individuals who came in and said, ‘I own a store for that [and] I use this for whipped cream or whatever,’” Slattery said. “There are other businesses that do use nitrous, but none of those were related to us locally. The only ones that they had concerns about [were] the coffee shops.”

Councilmember Scott Bauer wondered if some of the local coffee shops purchased nitrous oxide from a wholesale retailer and, if so, whether the vendor could be added to the list of exemptions. Councilmember Leslie Castellano had the same thought.

“I think that the issue that you would have there is, I’m not sure whether the vendors check and see if they are a [real] restaurant,” Slattery said.

Responding to a question from Councilmember G. Mario Fernandez about the public health and safety impacts of nitrous use, Slattery recalled last year when a 66-year-old pedestrian was hit and killed by a driver who admitted to being under the influence of nitrous oxide.

“We’ve had a case where a community member was high on this and ended up killing somebody on our streets,” he continued. “There’s plenty of cases of underage [use] and adults that have consumed [nitrous] and ended up in the ER.”

Fernandez also asked how the city would prevent residents from buying the substance online. Slattery said the city can work with online retailers to prohibit sales to certain zip codes. 

During public comment, Eureka resident Deborah Dukes urged the city council to pass the ordinance, adding that she is “sick to death of picking up those canisters” that litter the alley behind her house near Eureka High School. “I know every time I see one, it’s a kid who’s doing damage to their brain.”

Dukes | Screenshot

“What we’re doing to our young people by making these canisters accessible at all is horrible,” she said. “I would ask you to please think about our kids and think about little old ladies going around picking up canisters instead of just enjoying the nice walk.”

Another speaker, who did not identify themselves, noted that some of the local coffee shops get nitrous oxide from Sysco, and supported the previous suggestion that the city exempt certain wholesale producers from the ban. They also encouraged the city to target retailers that sell nitrous oxide, not individuals who possess it.

“I know you’re saying it’s not about possession, but if you have an individual selling it on the street to another individual — that’s not really what we want to be going after,” they said. “We want to be going after the community health crisis. In order to do that, if you want to curtail the head shops, which is what [EPD] said are mostly the issue here.”

A local convenience store owner, who only identified himself as Paul, spoke in favor of the ban, noting that it would “weed out” bad actors in the industry. “We’re totally with you guys on this,” he said. “As a local family that lives in this area and as business [owner], we want to sell general convenience items, and this stuff has come into the industry and created a bad image for everybody.”

Following public comment, Councilmember Castellano made a motion to approve the ban, with an exception for businesses selling directly to restaurants and coffee shops. Councilmember Bauer seconded the action.

The motion passed 5-0. 

Tobacco Retail Ordinance

The city council also approved a Tobacco Retail Licensing Ordinance that aims to enhance local enforcement and protect youth by reducing accessibility to tobacco products. Retailers will have 90 days to come into compliance with the ordinance after it takes effect on Jan. 1, 2026.

During a brief presentation to the council, Slattery noted that the ordinance would work in tandem with the nitrous ordinance. “If we find somebody in violation of the nitrous ordinance, that can trigger this ordinance to allow us to remove their license,” he said. 

Just yesterday, the Humboldt County Board of Supervisors revisited the county’s Tobacco Retailer Licensing Ordinance and, in response to pushback from local retailers, asked staff to make a few adjustments to the ordinance that would allow for a tobacco retail license to be transferred upon the sale of the business. The board will consider the proposed changes at a future meeting.

Under the city’s ordinance, “A tobacco retailer’s license is nontransferable and is valid only for the person and location of license issued, and unless it is suspended or revoked for cause, for the period indicated.” However, staff added a couple of lines to Section 123-8, which covers the Issuance and Renewal of a License, that notes, “If the business is sold, the new owner must apply for a license for that location before acting as a tobacco retailer.”

Slattery said staff also added a line to the ordinance that prohibits tobacco retailers from operating within 600 feet of a school.

During public comment, the previous commenter, known only as Paul, said he was at Tuesday’s board meeting and was among the ranks of business owners asking the county to reconsider its rules for license transfers.

“These [businesses are our livelihoods,” he said. “We’re not here to champion the cause of tobacco or promote smoking, but it still is a large part of the convenience store business. … Enforcement is necessary and [is] the more natural way to weed out any of the people that are causing problems in the community. … If a business has been there for 60 years … and they’re following the rules, there should be some way that they’re allowed to continue doing their business.”

After public comment, Councilmember Bauer made a motion to approve the ordinance. Councilmember Fernandez offered a second, asking if Bauer would be willing to add an amendment to prohibit retailers from operating within 600 feet of a community center. He agreed.

The motion passed in a 5-0 vote.

###