HomeMy WebLinkAbout04 - Adding Chapter 6.40 Prohibition of Sale, Distribution and Use of Nitrous Oxide - CorrespondenceSeptember 23, 2025
VICE CHAIR KATRINA FOLEY Item No. 4
ORANGE COUNTY BOARD OF SUPERVISORS
FIFTH DISTRICT
COUNTY ADMINISTRATION NORTH
400 W. CIVIC CENTER DR., SIXTH FLOOR
SANTA ANA, CA 92701
(714) 834-3550 Katrina.Foley@ocgov.corn
September 23, 2025
Newport Beach Mayor and City Council
City of Newport Beach
100 Civic Center Dr.
Newport Beach, CA 92660
Re: Ordinance No. 2025-27: Adding Chapter 6.40 Prohibition of Sale, Distribution and Use of Nitrous Oxide
—SUPPORT
Dear Mayor Stapleton and City Councihnembers:
I write today in strong support of the ordinance proposed by Newport Beach Police Chief David Miner to
prohibit the sale and distribution of nitrous oxide in the City of Newport Beach.
Nitrous oxide is a dangerous highly addictive inhalant that can cause oxygen deprivation in the brain,
leading to dizziness, unconsciousness, or even death, with recent increases in related DUIs. Prolonged misuse can
result in serious long-term neurological damage including memory loss, particularly among users aged 16-25.
Currently, retailers are profiting off of this dangerous drug.
A glaring "Don't Ask, Don't Tell" style loophole in state law allows retailers, smoke shops, and liquor store
owners to sell Nitrous Oxide (NOX), so long as they "don't ask" the buyer if they plan to get high, with many of the
products and attachments designed for human consumption. During my October Investigative Hearing on
Substance Abuse in Orange County, we heard directly from county health officials, safety professionals, and state
policymakers about the alarming increase in the use of NOX.
In February, the Orange County Board of Supervisors approved my proposed ordinance to ban the retail
sale of nitrous oxide in unincorporated Orange County, becoming the first county in California to address this issue.
In March, the United States Food and Drug Administration issued an advisory for consumers to not inhale nitrous
oxide products, citing serious adverse health impacts when inhaled.
As a vital city in Orange County, Newport Beach is poised to send a strong signal to the other 33 cities in
our county that we must take action to address this public health crisis. l strongly support the adoption of this
ordinance,
KC lea Foley
Vi e Chair, Or nge County Board of Supervisors
Di net 5
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