SB 936: Nitrous oxide: sales.
The bill aims to prohibit the sale and distribution of nitrous oxide containers that can hold more than 8 grams or have a taste/smell of food, as well as devices that allow inhalation. Violations of these provisions will be considered an infraction and punishable by a fine. Businesses found guilty of violating these prohibitions will have their licenses suspended. The bill also requires a court to suspend business licenses if there is a prior conviction for violating these prohibitions.
| Sep. 18, 2026 | Chaptered by Secretary of State. Chapter 317, Statutes of 2026. |
| Sep. 18, 2026 | Approved by the Governor. |
| Sep. 02, 2026 | Enrolled and presented to the Governor at 3 p.m. |
| Aug. 27, 2026 | Assembly amendments concurred in. (Ayes 39. Noes 0.) Ordered to engrossing and enrolling. |
| Aug. 26, 2026 | Ordered to special consent calendar. |
| Enrolled August 30, 2026 |
| Passed IN Senate August 27, 2026 |
| Passed IN Assembly August 24, 2026 |
| Amended IN Assembly August 17, 2026 |
| Amended IN Assembly July 02, 2026 |
| Amended IN Senate May 18, 2026 |
| Amended IN Senate April 28, 2026 |
| Amended IN Senate April 08, 2026 |
| Introduced by Senators Blakespear and Umberg (Coauthor: Senator Weber Pierson) (Coauthors: Assembly Members Alanis, Addis, Bonta, Caloza, Davies, Dixon, Hadwick, Irwin, Lowenthal, and Rogers) |
January 29, 2026 |
LEGISLATIVE COUNSEL'S DIGEST
The people of the State of California do enact as follows:
SECTION 1.
Section 22973.1 of the Business and Professions Code is amended to read:22973.1.
(a) The department shall issue a license to a retailer upon receipt of a completed application and payment of the fees prescribed in Section 22973, unless any of the following apply:SEC. 2.
Section 22977.2 of the Business and Professions Code is amended to read:22977.2.
(a) The department shall issue a license to a distributor or a wholesaler upon receipt of a completed application and payment of the fee prescribed in Section 22977.1, unless any of the following apply:SEC. 3.
Section 22980.3 of the Business and Professions Code is amended to read:22980.3.
(a) Except as provided in subdivision (l), a license issued pursuant to this division shall be subject to suspension or revocation for violations of this division or the Revenue and Taxation Code as provided in this section.SEC. 4.
Section 22980.5 of the Business and Professions Code is amended to read:22980.5.
(a) A retailer whose license has been suspended or revoked by order of the department shall conspicuously post a notice at both of the following locations:SEC. 5.
Section 22980.7 is added to the Business and Professions Code, to read:22980.7.
(a) (1) A person that is engaged in the business of selling cigarettes or tobacco products in this state shall not possess, store, own, or sell nitrous oxide, in violation of Section 119408 of the Health and Safety Code, at any site where cigarettes and tobacco products are stored or sold.SEC. 6.
Section 22980.8 is added to the Business and Professions Code, to read:22980.8.
(a) Upon receiving notification by a court of its order issued pursuant to subdivision (f) of Section 119408 of the Health and Safety Code, the department shall revoke the license.SEC. 7.
Chapter 10 (commencing with Section 119408) is added to Part 15 of Division 104 of the Health and Safety Code, to read:CHAPTER 10. Nitrous Oxide
119408.
(a) Except as provided in this section, it is unlawful for any person to sell, offer to sell, or distribute a nitrous oxide container that is capable of holding more than eight grams of nitrous oxide.SEC. 8.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.