BILL ANALYSIS Ó
AB 1735
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Date of Hearing: May 14, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 1735 (Hall) - As Amended: May 5, 2014
Policy Committee: Public Safety
Vote: 7-0
Business and Professions 14-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill makes it a misdemeanor, punishable by up to six months
in county jail and/or a fine of up to $1,000, for any person to
provide nitrous oxide to a person knowing or having reason to
believe the nitrous oxide will be ingested or inhaled by the
person for the purposes of causing intoxication, and that person
proximately causes great bodily injury or death to self or
other.
1)Requires a person that distributes or dispenses nitrous oxide
to record each transaction involving nitrous oxide. The
person dispensing or distributing the nitrous oxide shall
require the purchaser to sign the document and provide a
residential address and present a valid government-issued
photo identification card. The person dispensing or
distributing the nitrous oxide shall sign and date the
document and retain the document at the business address for
one year from the date of the transaction.
2)States that a person dispensing or distributing nitrous oxide
shall make transaction records available during normal
business hours for inspection and copying by officers and
employees of the California State Board of Pharmacy, or of
other law enforcement agencies of this state or of the United
States upon presentation of a duly authorized search warrant.
3)Requires the recording document to inform the purchaser that
inhalation of nitrous oxide may be hazardous to health, that
it is a violation of state law to possess or distribute
nitrous oxide or any substance containing nitrous oxide with
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intent to ingest it for intoxication.
4)Specifies these requirements do not apply to (a) any person
who administers nitrous oxide for medical or dental care if
administered by a medical or dental provider; (b) sale of
nitrous oxide contained in food products for use as a
propellant; or (c) sale or distribution of nitrous oxide by a
licensed manufacturer.
FISCAL EFFECT
Minor nonreimbursable local law enforcement costs, offset to a
limited degree by minor fine revenue, to the extent this measure
results in additional prosecutions and convictions.
COMMENTS
1)Rationale . The author and sponsor, the L.A. Sheriff, contend
nitrous oxide laughing gas use is increasing and that it is
being sold by auto stores as a fuel additive.
The L.A. Sheriff''s Department states, "Nitrous oxide use has
spiked in the last several years. Social media has become a
popular place to advertise parties that include nitrous oxide.
The Department has investigated murder, assault, rape,
vehicle collisions and other crimes that surround the use of
nitrous oxide."
"Oftentimes, businesses that advertise themselves as auto
parts suppliers, conduct a large business as distributors of
nitrous oxide which is used at large parties advertised on
social media. Currently, that practice is not illegal;
however, Assembly Bill 1735 will address this problem."
2)Current law provides possession of nitrous oxide with the
intent to ingest for intoxication, or who knowingly with the
intent to do so, is under the influence of nitrous oxide is a
misdemeanor, punishable by up to six months in county jail
and/or a fine of up to $1,000.
Sale or distribution of nitrous oxide to a person under 18 is
a misdemeanor, punishable by up to six months in county jail
and/or a fine of up to $1,000.
3)Nitrous oxide , commonly known as 'laughing gas' or NOS, is
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colorless, nonflammable gas with a slightly sweet odor, and is
stable at room temperature. NOS is used for medical and dental
anesthesia, as a food processing propellant (e.g. Easy Cheese,
whipped cream), and is used in diverse industries such as
semiconductor manufacturing, analytical chemistry, chemical
manufacturing, and even rocketry and auto racing. It is also
used as a recreational drug.
Nitrous oxide has potential for abuse. According to the
Compressed Gas Association, painkilling and numbing qualities
begin to take effect when the gas is inhaled at concentrations
of 10%. At higher concentrations, a sense of well-being or
intoxication may be experienced. NOS readily displaces air,
and can quickly lead to asphyxiation. Prolonged exposure to
high levels of NOS, or a series of inhalations without
breathing clean air between inhalations, can result in death.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081