SB 758: Public health: nitrous oxide.

Session Year: 2025-2026
House: Senate
Latest Version Date: 2026-01-22

Current Status:

In Progress

(2026-01-27: In Assembly. Read first time. Held at Desk.)

Introduced

First Committee Review

First Chamber

Second Committee Review

Second Chamber

Enacted

Version:

(1)Existing law, the Cigarette and Tobacco Products Licensing Act of 2003, requires a retailer, as defined, to hold a license from the California Department of Tax and Fee Administration to engage in the sale of cigarettes or tobacco products. A violation of these provisions is a misdemeanor.

This bill would expand those provisions to prohibit a retailer from selling nitrous oxide in any retail location, subject to certain exceptions.

(2)Existing law categorizes certain drugs and other substances as controlled substances and prohibits various actions related to those substances, including their manufacture, transportation, sale, possession, and ingestion.This bill would make the sale or distribution of a product containing 7-hydroxymitragynine, except as it naturally occurs in the plant Mitragyna speciosa, a misdemeanor. (3)

(2)By creating a new crime, and by expanding the definition of an existing crime, this bill would impose a state-mandated local program.

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.

Discussed in Hearing