Anaheim City Council unanimously voted to regulate recreational nitrous oxide and kratom on Tuesday.
The two bans will impose criminal and civil penalties on individuals, vendors and businesses that sell these substances for recreational use.
Nitrous oxide, also known as “whip-its” or “galaxy gas,” is an odorless gas often packaged in colorful, flavored canisters.
Although it has anesthetic and industrial uses, its recreational use can lead to severe health risks, including neurological damage, cognitive impairment and death.
Kratom comes from a Southeast Asian tropical tree that has high concentrations of active components that bind to opioid receptors in the brain. It faces similar regulations on its sale, specifically, including restricted packaging and marketing practices that target minors.
Anaheim’s District three representative and council member Natalie Rubalcava spoke about concerns surrounding kratom’s marketing strategies aimed at targeting youth near schools.
Heather Allen, Anaheim’s planning and building director, presented the staff report and noted that the city would respond to the product’s inappropriate marketing strategies.
“One of the targeted restrictions relates to marketing to youth,” Allen said. “We’ll make sure where products are observed that are clearly labeled and colorful and bright and fun, the purveyors know they can’t be selling them.”
The city plans to further strategize its communication efforts with storefronts to advise them on the new regulations to mitigate unlawful sales in the future. Confiscation of products that violate the ordinance will not occur until the ordinance is in full effect, allowing vendors time to adjust practices.
The city was previously abiding by state regulations concerning whip-its and kratom, but did not have any local regulations of its own.
The current California Penal Code 381b subjects nitrous oxide distributors to misdemeanor charges if found guilty of selling or furnishing the drug, knowing or believing the drug would be misused for intoxication purposes. Charges carry fines up to $1,000 or 6 months in county jail, with additional charges added if found responsible for partaking in the delinquency of a minor.
Discussion on the regulations on the recreational sale of these drugs has been circulating around Orange County in recent months.
Cities like Costa Mesa, Santa Ana and Fullerton have already adopted their own ban on nitrous oxide, along with Newport Beach, San Diego and Oceanside, restricting kratom sales in their respective areas.
The accepted ordinance will go into effect in 30 days and city employees are expected to return in June to present a report on the city’s tobacco regulations, as well as an update on nitrous oxide and kratom enforcement.