​At a Glance

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• Introduced: January 29, 2026

• Author: Senator Catherine Blakespear 

• Sponsors: Rural County Representatives of California (RCRC), National Stewardship Action Council (NSAC)

• Coauthor(s): Senator Tom Umberg; Assemblymember Juan Alanis 

• Bill Text: SB 936 on Leg Info

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CA SB 936 Overview 

The National Stewardship Action Council (NSAC) and Rural County Representatives of California (RCRC) are pleased to co-sponsor SB 936, legislation designed to address the growing misuse of nitrous oxide products while protecting legitimate commercial, medical, and industrial uses. 

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SB 936 bans the retail sale of flavored nitrous oxide and restricts the sale of non-flavored nitrous oxide containers larger than 8 grams, the size commonly used for whipped cream chargers. These provisions focus on the product formats most commonly associated with misuse, without disrupting appropriate and necessary uses. 

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Nitrous oxide misuse, often referred to as “whippets” has become a serious public health and safety concern and is creating a growing burden for local Household Hazardous Waste (HHW) programs across the state. 

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Key Provisions of CA SB 936

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SB 936 would: 

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• Prohibit selling or distributing a nitrous oxide container capable of holding more than 8 grams of nitrous oxide, with specified exemptions 

• Prohibit selling or distributing containers from which a person may directly inhale nitrous oxide 

• Prohibit selling nitrous oxide that has, or is marketed as having, the taste or smell of food, including fruit, candy, desserts, alcoholic beverages, herbs, or spices 

• Prohibit selling or providing devices designed to enable inhalation from a container or to hold released nitrous oxide for inhalation 

• Establish escalating penalties for violations, beginning with an infraction and fines of up to $500 for a first violation, $1,000 for a second, and $2,000 for subsequent violations 

• Allow courts to order business license suspensions of up to one year for knowing and repeated violations

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Preserves Access for Legitimate Uses 

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SB 936 includes clear exemptions to ensure continued access for lawful and appropriate uses, including industrial and manufacturing applications, automotive performance uses, licensed medical and dental uses, certain food and culinary uses under specified conditions, and wholesale transactions for exempt purposes. 

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Why It Matters 

Public Health and Safety 

Nitrous oxide misuse is associated with serious health risks and impaired judgment, including dangerous behaviors such as driving under the influence. 

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Prevents Kid-Targeted and Flavored Products 

Products marketed as “culinary” are increasingly sold in youth-appealing flavors and packaging, undermining safeguards and facilitating misuse. SB 936 directly addresses this loophole. 

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Reduces Local Government and HHW Burdens 

Discarded nitrous oxide canisters have become a costly and growing waste-management challenge for cities and counties, often requiring specialized handling and disposal. These costs are typically borne by local governments and ratepayers. 

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Support and Rationale 

SB 936 builds on local and state efforts to curb the illicit sale and misuse of nitrous oxide while respecting legitimate supply chains. By targeting the product formats most closely tied to misuse—large-format canisters, flavored products, and inhalation-enabling devices—the bill strikes a practical balance between public safety and responsible commerce.