Nitrous Oxide Prohibition
To protect the public health and safety by eliminating retail access for recreational use of nitrous oxide, the Garden Grove City Council adopted an ordinance which enacts restrictions on the sale and distribution of nitrous oxide products. The ordinance was adopted on March 10, 2026 and becomes effective on April 10, 2026. This ordinance adds Chapter 6.50 to Title 6 of the Garden Grove Municipal Code (GGMC).
Municipal Code – GGMC 6.50.030
— Newly adopted GGMC 6.50.030
Exemptions – GGMC 6.50.040
Pursuant to newly adopted section 6.50.040 of the GGMC, the following limited exceptions to the foregoing prohibition apply:
- If the nitrous oxide is labeled and marketed as food-grade and is contained within a food product for use as a propellant or preservative.
- If the nitrous oxide or device is being sold, offered, or distributed in a wholesale capacity. This exemption only applies if the wholesaler does not know or have reason to know that the recipient intends to use the nitrous oxide or device in violation of section 6.50.030.
- If the nitrous oxide or device is specifically designed, marketed, and safety-labeled for industrial use exclusively for automotive purposes, it must be utilized at a licensed automotive facility approved by the California Bureau of Automotive Repair.
- If the nitrous oxide is being sold, offered or distributed specifically for the purpose of providing medical or dental care, by or at the direction and under the supervision of, a medical or dental practitioner licensed by the State of California and in accordance with all applicable rules and regulations.
- If the nitrous oxide or device is being sold, offered, distributed, or dispensed by a pharmacist, pharmacist intern, or pharmacy as defined by California Business & Professions Code §§ 4030, 4036, and 4037, as maybe amended, in the course of their duties as a pharmacist or pharmacist intern, or wholesalers licensed by the Board of Pharmacy.
- In any other circumstance where State law permits the sale or distribution.
Prohibited Products
Because exemptions would not apply to smoke shops, tobacco retailers and similar establishments, please be advised that smoke shops and tobacco retailers are prohibited from the retail sale of nitrous oxide beginning on April 10, 2026, including but not limited to:
- Nitrous Oxide canisters
- "Whippets" or similar cartridges
- Nitrous Oxide tanks intended for inhalation
- Any mechanism used to dispense nitrous oxide or paraphernalia to be used in conjunction with recreational use of nitrous oxide
The prohibition applies regardless of product labeling, including products marketed for culinary or other purposes, when offered for retail in smoke shops or similar establishments for recreational use. No later than April 10, 2026, all nitrous oxide inventory must be removed completely from smoke shops and tobacco retailers. Representatives of the City will be conducting inspections to confirm compliance with the GGMC and the City's nitrous oxide prohibition.
Penalties – GGMC 6.50.050
Penalties for businesses and operators that fail to comply with the City's prohibition are mentioned under GGMC Section. 6.50.050. Failure to comply may result in:
- Issuance of administrative citations
- Misdemeanor charge and/or
- Other penalties as provided by law
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