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. AB 1015 Page 2 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 Page 4 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