Amended in Assembly April 2, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1735

Introduced by Assembly Member Hall

February 14, 2014

An act to add Sections 381d and 381e to the Penal Code, relating to nitrous oxide.

LEGISLATIVE COUNSEL’S DIGEST

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 begin insert person is going to use the end insert nitrous oxide begin delete will be used end delete in violation of the above provisions begin delete . The bill would impose a mandatory fine of $1,000 for a first conviction, a mandatory fine of $2,000 for a 2nd conviction, and a mandatory fine of $5,000 for a 3rd or subsequent conviction, and would allow the crime to also be punished by imprisonment in a county jail, not to exceed 6 months end delete begin insert , 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 end insert . 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 begin insert , upon presentation of a duly authorized search warrant, end insert 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. begin delete The bill would require the person dispensing or distributing the nitrous oxide to mark the packaging or tank containing the nitrous oxide with a label that identifies the person who dispensed or distributed the nitrous oxide and the person’s business address. end delete

begin delete

The bill would require each cartridge or tank of nitrous oxide to be as a printed warning, as specified.

end delete

 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 1.  

Section 381d is added to the Penal Code, to read:

381d.  

A person who dispenses or distributes nitrous oxide to
a person, knowing or having reason to believe that begin insert the person is
going to use end insert the nitrous oxide begin delete will be used end delete in violation of Section
381b, begin insert and that person proximately causes great bodily injury or
death to himself, herself, or another person, end insert is guilty of a
misdemeanor, and shall be punished by begin delete a mandatory fine of one
thousand dollars ($1,000) upon a first conviction, by a mandatory
fine of two thousand dollars ($2,000) upon a second conviction,
and by a mandatory fine of five thousand dollars ($5,000) upon a
third or subsequent conviction; and may also be punished by end delete
imprisonment in a county jail, not begin delete exceeding end delete begin insert to exceed end insert six months begin insert ,
or by a fine not to exceed one thousand dollars ($1,000), or by
both that fine and imprisonment end insert .

SEC. 2.  

Section 381e is added to the Penal Code, to read:

381e.  

(a) A person who dispenses or distributes nitrous oxide
shall record each transaction involving the dispensing or
distribution of nitrous oxide in a physical written document. The
person dispensing or distributing the nitrous oxide shall require
the purchaser to sign the document and provide a complete
residential address and present a valid government-issued photo
identification. The person dispensing or distributing the nitrous
oxide shall sign and date the document and shall retain the
document at the person’s business address for one year from the
date of the transaction. The person shall make the documents
available during normal business hours for inspection and copying begin insert ,
upon presentation of a duly authorized search warrant, end insert by officers
or employees of the California State Board of Pharmacy or of other
law enforcement agencies of this state or the United States.

(b) The document used to record each transaction shall inform
the purchaser of all of the following:

(1) That inhalation of nitrous oxide may have dangerous health
effects.

(2) That it is a violation of state law to possess nitrous oxide or
any substance containing nitrous oxide, with the intent to breathe,
inhale, or ingest it for the purpose of intoxication.

(3) That it is a violation of state law to knowingly distribute or
dispense nitrous oxide or any substance containing nitrous oxide,
to a person who intends to breathe, inhale, or ingest it for the
purpose of intoxication.

begin delete

(c) Each cartridge or tank of nitrous oxide dispensed or
distributed in this state, other than those intended for use by a
medical or dental practitioner, shall bear the following printed
warning:

“Do not inhale contents. Misuse may be dangerous to your
health”

(d) Each time a person dispenses or distributes nitrous oxide,
the person shall mark the packaging or tank containing the nitrous
oxide with a label or other device that identifies the person who
dispensed or distributed the nitrous oxide and the person’s business
address.

end delete begin delete

(e)

end delete

begin insert (c) end insert  This section shall not apply to any person who administers
nitrous oxide for the purpose of providing medical or dental care,
if administered by a medical or dental practitioner licensed by this
state or at the direction or under the supervision of a practitioner
licensed by this state.

begin delete

(f)

end delete

begin insert (d) end insert  This section does not apply to the sale of nitrous oxide
contained in food products for use as a propellant.

begin insert

(e) This section shall not apply to the sale or distribution of
nitrous oxide by a licensed manufacturer.

end insert

SEC. 3.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.