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,begin delete knowing or having reason to believeend deletebegin insert if it is known or should have
been knownend insert 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 requirebegin delete anyend deletebegin insert aend insert person who dispenses or distributes nitrous oxide to record each transaction in a written or electronic 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.begin insert
The bill would also make it a misdemeanor to use, review, or disclose any information obtained from a person to whom nitrous oxide was distributed or dispensed, except as provided. By creating a new crime, this bill would impose a state-mandated local program.end insert
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:
(a) A person who dispenses or distributes nitrous oxide
3to a person,begin delete knowing or having reason to believeend deletebegin insert and knows or
4should knowend insert that the person is going to use the nitrous oxide in
5violation of Section 381b, and that person proximately causes great
6bodily injury or death to himself, herself, or another person, is
7guilty of a misdemeanor, and shall be punished by imprisonment
8in a county jail, not to exceed six months, or by a fine not to exceed
9one thousand dollars ($1,000), or by both that fine and
10imprisonment.
P3 1(b) This section shall not preclude prosecution under any other
2law.
Section 381e is added to the Penal Code, to read:
(a) A person who dispenses or distributes nitrous oxide
5shall record each transaction involving the dispensing or
6distribution of nitrous oxide in a written or electronic document.
7The person dispensing or distributing the nitrous oxide shall require
8the purchaser to sign the document and provide a complete
9residential address and present a valid government-issued photo
10identification. The person dispensing or distributing the nitrous
11oxide shall sign and date the document and shall retain the
12document at the person’s business address for one year from the
13date of the transaction. The person shall make the documents
14available during normal business hours for inspection and copying,
15
upon presentation of a duly authorized search warrant, by officers
16or employees of the California State Board of Pharmacy or of other
17law enforcement agencies of this state or the United States.
18(b) The document used to record each transaction shall inform
19the purchaser of all of the following:
20(1) That inhalation of nitrous oxide outside of a clinical setting
21may have dangerous health effects.
22(2) That it is a violation of state law to possess nitrous oxide or
23any substance containing nitrous oxide, with the intent to breathe,
24inhale, or ingest it for the purpose of intoxication.
25(3) That it is a violation of state law to knowingly distribute or
26dispense
nitrous oxide or any substance containing nitrous oxide,
27to a person who intends to breathe, inhale, or ingest it for the
28purpose of intoxication.
29(c) This section shall not apply to any person who administers
30nitrous oxide for the purpose of providing medical or dental care,
31if administered by a medical or dental practitioner licensed by this
32state or at the direction or under the supervision of a practitioner
33licensed by this state.
34(d) This section does not apply to the sale of nitrous oxide
35contained in food products for use as a propellant.
36(e) This section shall not apply to the sale or distribution of
37nitrous oxide by a wholesaler licensed by the Board of Pharmacy
38or manufacturer classified under Code Number
325120 or 424690
39of the North American Industry Classification System (NAICS).
P4 1(f) (1) Information obtained from a person to whom nitrous
2oxide was distributed or dispensed pursuant to this section shall
3be confidential and shall be used solely for the purposes provided
4in this section.
5(2) Except as provided in this section, a person who dispenses
6or distributes nitrous oxide shall not use, review, or disclose any
7information obtained pursuant to this section.
8(3) A person who violates this
subdivision shall be guilty of a
9misdemeanor, punishable by imprisonment in a county jail not to
10exceed six months, or by a fine not to exceed one thousand dollars
11($1,000), or by both that fine and imprisonment.
No reimbursement is required by this act pursuant to
13Section 6 of Article XIII B of the California Constitution because
14the only costs that may be incurred by a local agency or school
15district will be incurred because this act creates a new crime or
16infraction, eliminates a crime or infraction, or changes the penalty
17for a crime or infraction, within the meaning of Section 17556 of
18the Government Code, or changes the definition of a crime within
19the meaning of Section 6 of Article XIII B of the California
20Constitution.
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