Santa Clara city officials are moving toward banning the recreational sale of nitrous oxide, commonly known as whippets, after residents raised alarms about empty canisters turning up near a local high school. The Santa Clara City Council received an update on the proposed ordinance this week and directed staff to explore further restrictions on where the products could be sold.
As reported by San José Spotlight, the council got its update on Tuesday, and the proposed ban would prohibit the sale and distribution of nitrous oxide for recreational use while still allowing legitimate medical, dental and culinary uses. No date has been set for further council action, according to Aimée Escobar, a management analyst in the city manager's office, per the same report.
The concern is not abstract for some residents. District 3 Councilmember Karen Hardy told the outlet that finding empty nitrous oxide canisters along Calabazas near the high school was “very disturbing.” Santa Clara smoke shops are reportedly already moving away from selling the recreational products, the report notes, even as the city works to formalize a ban.
A Statewide Crackdown Takes Shape
Santa Clara's local effort comes as California rolls out new statewide restrictions on nitrous oxide. Governor Gavin Newsom signed Senate Bill 936 on September 18, a law authored by Senator Catherine Blakespear that prohibits the public sale of all flavored nitrous oxide products and non-flavored canisters larger than 8 grams, according to the Rural County Representatives of California. The law exempts standard 8-gram whipped cream chargers used in culinary applications, preserving commercial, medical and traditional kitchen uses while targeting high-volume canisters marketed for recreational intoxication.
Santa Clara's proposed local policy closely mirrors that state law, according to the city, but officials say it would provide something the state statute cannot: a local enforcement mechanism. City Attorney Glenn Googins said a local policy would enable code enforcement, police and the city attorney's office to enforce the ban directly, per the same report, whereas enforcement of state law typically falls to district attorneys.
That distinction matters because of the way existing state criminal law is written. California Penal Code Section 381b already classifies recreational nitrous oxide use as a misdemeanor punishable by up to six months in jail, but police enforcement requires proving specific intent to inhale for intoxication, according to the Shouse Law Group. The intent requirement is one feature of state criminal law; some cities have also pursued administrative retail bans.
Fines and Business Outreach
Under the proposed Santa Clara ordinance, a first violation would carry a $500 administrative fine, with a $1,000 fine for a second or subsequent violation within one year, San José Spotlight reports. The city could also pursue business-license or permit revocation in certain circumstances. If the ban moves forward, city staff plan to conduct outreach to businesses, including direct mail to active business-license holders.
Reaction among local smoke shops has been mixed. Employees at Peace Pipe Smoke Shop, which does not sell nitrous oxide, were reportedly unaware of the city's proposed prohibition. An employee identified as Sammy said the ban could affect many smoke shops depending on their location, but that Peace Pipe does not carry nitrous products regardless. At City Rock Smoke Shop, which focuses on glass products over nitrous oxide, an employee named Tenaz said the proposed ban would not significantly affect the business, though Tenaz also said Santa Clara does not consistently inform businesses about city actions and enforcement.
A Regional Pattern Across the South Bay
Santa Clara is not acting in isolation. San José prohibited the sale and distribution of nitrous oxide by smoke shops and similar recreational retailers in November 2025, when its city council unanimously enacted an urgency ordinance amending Title 6 of its municipal code. The City of San José paired the sales ban with a 45-day moratorium on new tobacco retail licenses amid a surge of unregulated smoke shops near residential neighborhoods.
Sunnyvale followed a similar path, adopting its own policy regulating nitrous oxide sale and distribution in June 2026. The city council there had unanimously approved an emergency 45-day moratorium on new smoke shop permits that May, according to San José Spotlight, after residents voiced concern about new smoke shops opening directly across from elementary schools. Restrictions on nitrous oxide sales have also been discussed in San Mateo.
The Health Stakes Behind the Policy Push
The medical case against recreational nitrous oxide use has grown starker. The FDA has issued public health safety advisories warning consumers against inhaling nitrous oxide from any size canister or charger. Recreational use carries risks including neurological harms, asphyxiation and death, according to the University of Maryland School of Medicine. Chronic recreational inhalation oxidizes the cobalt ion in Vitamin B12, causing rapid B12 inactivation that can lead to neurological symptoms, according to Pharmacy Times. The University of Maryland School of Medicine lists loss of bowel or bladder control among possible symptoms.
A study published in JAMA Network Open found that U.S. deaths attributable to nitrous oxide misuse surged by 578% between 2010 and 2023. Discarded nitrous oxide canisters have also appeared as street litter.
Street litter and youth safety have featured in discussions of nitrous oxide restrictions, as Hoodline previously reported. In Santa Clara, no timeline has been set for when the proposed ordinance will return before the council for further action.
