BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1015
                                                                  Page  1

          Date of Hearing:   April 14, 2009
          Consultant:       Larry Yee


                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY
                                 Jose Solorio, Chair

               AB 1015 (Torlakson) - As Introduced:  February 27, 2009
                       As Proposed to be Amended in Committee
           
           
           SUMMARY  :   Makes it a misdemeanor to sell or furnish nitrous  
          oxide to a minor, punishable by imprisonment, a fine, and  
          suspension of business license.  Specifically,  this bill  :  

          1)Provides that a person who sells, furnishes, or offers to sell  
            or furnish a canister, tank, or receptacle containing nitrous  
            oxide to a minor under the 18 years of age is guilty of a  
            misdemeanor, punishable by a fine of up to $2,500,  
            imprisonment in county jail for not more than one year, or  
            both.  

          2)Provides that a person, corporation, retailer, or employee of  
            a retailer who sells or gives nitrous oxide to a minor without  
            first obtaining proper proof of identity and age is guilty of  
            a misdemeanor.

          3)Defines "proof of identity and age of majority" as a valid  
            passport, Armed Forces identification card, or valid motor  
            vehicle operator's license or identification card. 

          4)Provides that on or after July 2010, the court shall order a  
            one-year suspension of the business license for a second  
            violation of this section unless the owner of the business  
            license can demonstrate a good-faith attempt to prevent  
            illegal sales or deliveries by the owner's employees. 

          5)Provides that this section shall not apply to California  
            licensed medical or dental practitioners administering nitrous  
            oxide for medical or dental care.  

          6)Provides that nitrous oxide as used in this section refers to  
            N20, dnitrogen monoxide, dnitrogen oxide, nitrogen oxide, and  
            laughing gas. 









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           EXISTING LAW  :

          1)Provides that possession of nitrous oxide with the intent to  
            ingest for the purposes of intoxication is a misdemeanor.   
            [Penal Code Section 381(b).]

          2)Provides that intentionally being under the influence of  
            nitrous oxide is a misdemeanor, except pursuant to legitimate  
            medical or dental use.   [Penal Code Section 381(b).]

          3)Provides that any person who sells, dispenses or distributes  
            toluene, or any substance or material containing toluene, to  
            any person under 18 years of age shall be guilty of a  
            misdemeanor and upon conviction shall be fined in a sum of not  
            less than $1,000, nor more than $2,500, or by imprisonment for  
            not less than six months nor more than one year.  [Penal Code  
            Section 380.]

          4)Provides that it shall be unlawful for any person, firm or  
            corporation, except a parent or legal guardian, to sell or  
            give or in any way furnish to another person, who is in fact  
            under the age of 18 years, any etching ream or aerosol  
            container of paint that is capable of defacing property  
            without first obtaining bona fide evidence of majority and  
            identity.  [Penal Code Section 594.1(a)(1).]

          5)Provides that the sale or distribution of Salvia divinorum or  
            Salvinorin A, or any substance or material containing Salvia  
            divinorum or Salvinorin A, to any person under 18 years of age  
            a misdemeanor, punishable by imprisonment in a county jail for  
            not more than six months, by a fine of no more than $1,000, or  
            both.  [Penal Code Section 379.]

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   

           1)Author's Statement  :  According to the author, "Young people  
            looking for a quick and cheap high 'sniff' or 'huff' the fumes  
            and vapors of many common household and commercial products,  
            the most common of which is nitrous oxide or 'laughing gas'.   
            Unfortunately, many youth who use inhalants fail to realize  
            that even a single session of repeated inhalant abuse can lead  
            to permanent brain damage or death.









                                                                  AB 1015
                                                                  Page  3

          "American youth start abusing inhalants as young as 3rd grade  
            and continue into their high schools years.  In fact, inhalant  
            abuse is second only to marijuana in terms of adolescent drug  
            use according to the 12th Biennial California Student Survey  
            that was conducted during the 2007-08 school year by the Crime  
            and Violence Prevention Center, California Attorney General's  
            Office.

          "Inhalant abuse affects all youth and cuts across all  
            geographic, socio-economic, racial and ethnic boundaries."

           2)Background  :  According to the background submitted by the  
            author, ""Inhalant abuse is the fastest growing form of  
            substance abuse facing youth in this country.  Youth are  
            inhaling dangerous toxic chemicals for intoxication without  
            being aware of the serious consequences that can result.  Even  
            a single session of repeated inhalant abuse can cause death  
            from cardiac arrest or asphyxiation. Inhalants can be  
            addictive both physically and psychologically, and can cause  
            permanent damage to the brain, nervous system, lungs and  
            liver.

          "The overwhelming substance of choice for most youth who abuse  
            inhalant abuse is nitrous oxide, which is often referred to as  
            'laughing gas' as commonly administered by dentists.

          "Recently, the National Institute on Drug Abuse and University  
            of Michigan released 2008 Monitoring the Future Study Drug  
            Data Tables, which found that among students surveyed 15.7% of  
            eighth graders, 12.8% of tenth graders, and 9.9% of twelfth  
            graders reported use of inhalants.

          "Under current law, nitrous oxide, particularly in the form of  
            'whippets', is being sold legally to children.  These whippets  
            are found in corner markets throughout the Los Angeles area. 

          "Remarkably, there is no current law that makes it unlawful to  
            sell or provide nitrous oxide to minors despite it being life  
            threatening and deleterious to the health and safety of our  
            youth.

          "Penal Code section 381b recognizes the lethal danger of nitrous  
            oxide abuse by making it unlawful for a person to be found in  
            possession of nitrous oxide or any substance containing  
            nitrous oxide with the intent to use for the purpose of  








                                                                  AB 1015
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            becoming under the influence.  The infirmity in this code  
            section is the inability by law enforcement to prove in a  
            court of law that the person was in possession for the purpose  
            of becoming intoxicated unless law enforcement observe the  
            individual inhaling the nitrous oxide.  Further, this section  
            does not adequately curtail access of nitrous oxide by youth,  
            a demographic studies confirm are most susceptible to inhalant  
            abuse.

          "This bill would provide the same penalties for furnishing  
            nitrous oxide to minors as currently in the penal code for  
            other inhalants, per Section 381."

           3)Other Uses :  Nitrous oxide is commercially sold in a steel  
            cylinder or cartridge primarily as a whipping agent for use in  
            a whip cream dispenser and in some cooking sprays.  Nitrous  
            oxide is commonly used in coffee shops and restaurants to make  
            whipped cream as its bacteriostatic properties keep bacteria  
            from growing and because nitrous oxide produces a lighter,  
            fluffier whipped cream.  Nitrous oxide is also used as an  
            oxidizer in model rockets and motor vehicle racing due to its  
            low temperature and high oxygen content. 

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          Los Angeles Unified School District (Co-Sponsor)
          California District Attorneys Association
          California State Sheriffs Association
          Chief Probation Officers of California
          California Narcotic Officers Association
          California Police Chiefs Association
          California Peace Officers' Association

           Opposition 
           
          None

           
          Analysis Prepared by  :    Larry Yee / PUB. S. / (916) 319-3744