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Nitrous Oxide / Laughing Gas / Prohibit the Sale or Distribution

Council File 24-1220

Under review — council has already backed this ban twice, and the final draft ordinance is now with committees for enforcement review before a final vote to make it law.

Introduced
2024-10-08
Last changed
2026-09-15
Status
open
Expires
2028-09-15
Committee
Public Safety Committee
Mover
EUNISSES HERNANDEZ
Second
TIM MCOSKER
References
City Attorney Report: R26-0094; R26-0442

Brief

Councilmembers Eunisses Hernandez and Imelda Padilla introduced a motion to prohibit the retail sale and distribution of nitrous oxide (laughing gas) within Los Angeles. The measure passed Council on November 20, 2024 (14-0-1), then underwent City Attorney legal review. After amendments in committee, Council re-adopted it on May 12, 2026 (14-0-1). Public Safety Committee most recently approved it on September 15, 2026, following a City Attorney report dated July 29, 2026.

Full summary

This motion, introduced in October 2024 by Councilmembers Hernandez and Padilla with support from Councilmember Tim McOsker, seeks to prohibit tobacco and cannabis retailers from selling or distributing nitrous oxide within the city. Nitrous oxide, commonly known as laughing gas, has become a public health and safety concern due to its recreational misuse, which can cause neurological damage and other serious health risks. The City Attorney's July 2026 draft ordinance would codify this ban by adding Section 56.34 to Article 6 of Chapter V of the Los Angeles Municipal Code. The ordinance includes a narrow exemption for pre-packaged food products in which nitrous oxide is used solely as a propellant, such as whipped cream canisters. Violations would carry penalties of up to a $1,000 fine, up to six months in county jail, or both. The file moved quickly through initial channels. Public Safety Committee approved the motion in October 2024, and Council adopted it unanimously on November 20, 2024. The City Attorney then conducted legal review and submitted a first report in February 2026. After Public Safety Committee approved an amended version in March 2026, Council re-adopted the measure on May 12, 2026, again with near-unanimous support (14-0-1). A second City Attorney report, dated July 29, 2026, transmitted the formal draft ordinance for council consideration. That report was referred to the LAPD and the Department of Cannabis Regulation for comment under Council Rule 38, signaling attention to enforcement logistics given that the prohibition specifically targets tobacco and cannabis retail licensees. The Greater Wilshire Neighborhood Council filed a Community Impact Statement on September 9, 2026, indicating community-level interest in the measure. Public Safety Committee approved the item again on September 15, 2026. The file remains active, with the draft ordinance now awaiting a final Council vote to become law.

Activity (18)

  • 2026-09-15 Public Safety Committee approved item(s) .
  • 2026-09-09 Community Impact Statement submitted by Greater Wilshire Neighborhood Council.
  • 2026-07-29 City Attorney document(s) referred to Public Safety Committee.
  • 2026-07-29 Document submitted by City Attorney, dated July 29, 2026.
  • 2026-05-13 Council action final.
  • 2026-05-12 Council adopted item as amended, subject to reconsideration, pursuant to Council Rule 51.
  • 2026-05-12 Council adopted item as amended by , subject to reconsideration, pursuant to Council Rule 51.
  • 2026-05-08 City Clerk scheduled item for Council on May 12, 2026.
  • 2026-03-25 Public Safety Committee approved as amended .
  • 2026-03-20 Public Safety Committee scheduled item for committee meeting on March 25, 2026.
  • 2026-02-11 City Attorney document(s) referred to Public Safety Committee.
  • 2026-02-10 Document submitted by City Attorney, dated February 10, 2026.
  • 2024-11-20 Council action final.
  • 2024-11-20 Council adopted item forthwith.
  • 2024-11-18 City Clerk scheduled item for Council on November 20, 2024.
  • 2024-10-22 Public Safety Committee approved item(s) .
  • 2024-10-18 Public Safety Committee scheduled item for committee meeting on October 22, 2024.
  • 2024-10-08 Motion referred to Public Safety Committee.

Documents (20)

Council votes (1)

  • 2026-05-12 Adopted as Amended — 14-0-1 · Regular

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