AB 1735, as amended, Hall. Nitrous oxide: dispensing and distributing.
Existing law makes it a misdemeanor for any person to possess nitrous oxide or any substance containing nitrous oxide, with the intent to breathe, inhale, or ingest for the purpose of causing a condition of intoxication, elation, euphoria, dizziness, stupefaction, or dulling of the senses or for the purpose of, in any manner, changing, distorting, or disturbing the audio, visual, or mental processes, or to knowingly and with the intent to do so be under the influence of nitrous oxide or any material containing nitrous oxide.
This bill would make it a misdemeanor to dispense or distribute nitrous oxide to a person, knowing or having reason to believe that the person is going to use the nitrous oxide in violation of the above provisions, and that person proximately causes great bodily injury or death to himself, herself, or another person, punishable by imprisonment in a county jail not to exceed 6 months, or by a fine not to exceed $1,000, or by both that fine and imprisonment. By creating a new crime, this bill would impose a state-mandated local program.
The bill would require any person who dispenses or distributes nitrous oxide to record each transaction in a physical written document, as provided, and would require the person to make the document available for inspection, upon presentation of a duly authorized search warrant, during normal business hours to officers or employees of the California State Board of Pharmacy or other law enforcement agencies. The bill would require the purchaser to sign the document and provide a government-issued photo identification and residential address.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 381d is added to the Penal Code, to read:
begin insert(a)end insertbegin insert end insertA person who dispenses or distributes nitrous oxide
3to a person, knowing or having reason to believe that the person
4is going to use the nitrous oxide in violation of Section 381b, and
5that person proximately causes great bodily injury or death to
6himself, herself, or another person, is guilty of a misdemeanor,
7and shall be punished by
imprisonment in a county jail, not to
8exceed six months, or by a fine not to exceed one thousand dollars
9($1,000), or by both that fine and imprisonment.
10(b) This section shall not preclude prosecution under any other
11law.
Section 381e is added to the Penal Code, to read:
(a) A person who dispenses or distributes nitrous oxide
14shall record each transaction involving the dispensing or
15distribution of nitrous oxide in a physical written document. The
16person dispensing or distributing the nitrous oxide shall require
17the purchaser to sign the document and provide a complete
18residential address and present a valid government-issued photo
19identification. The person dispensing or distributing the nitrous
20oxide shall sign and date the document and shall retain the
21document at the person’s business address for one year from the
22date of the transaction. The person shall make the documents
P3 1available during normal business hours for inspection and copying,
2
upon presentation of a duly authorized search warrant, by officers
3or employees of the California State Board of Pharmacy or of other
4law enforcement agencies of this state or the United States.
5(b) The document used to record each transaction shall inform
6the purchaser of all of the following:
7(1) That inhalation of nitrous oxidebegin insert outside of a clinical settingend insert
8 may have dangerous health effects.
9(2) That it is a violation of state law to possess nitrous oxide or
10any substance containing nitrous oxide, with the intent to breathe,
11inhale, or ingest it for the purpose of intoxication.
12(3) That it is a violation of state law to knowingly distribute or
13dispense nitrous oxide or any substance containing nitrous oxide,
14to a person who intends to breathe, inhale, or ingest it for the
15purpose of intoxication.
16(c) This section shall not apply to any person who administers
17nitrous oxide for the purpose of providing medical or dental care,
18if administered by a medical or dental practitioner licensed by this
19state or at the direction or under the supervision of a practitioner
20licensed by this state.
21(d) This section does not apply to the sale of nitrous oxide
22contained in food products for use as a propellant.
23(e) This section shall not apply to the sale
or distribution of
24nitrous oxide by abegin delete licensed manufacturerend deletebegin insert manufacturer classified
25under Code Numbers 325120 or 424690 of the North American
26Industry Classification System (NAICS)end insert.
No reimbursement is required by this act pursuant to
28Section 6 of Article XIII B of the California Constitution because
29the only costs that may be incurred by a local agency or school
30district will be incurred because this act creates a new crime or
31infraction, eliminates a crime or infraction, or changes the penalty
32for a crime or infraction, within the meaning of Section 17556 of
33the Government Code, or changes the definition of a crime within
34the meaning of Section 6 of Article XIII B of the California
35Constitution.
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