Title
Introduction of Ordinance Amending the Alameda Municipal Code by Amending Article XVIII (Tobacco Retailers) of Chapter VI (Businesses, Occupations, and Industries) Prohibiting the Sale and Distribution of Nitrous Oxide by Tobacco Retailers, Convenience Stores, and Other Retail Establishments. (City Manager)
Body
To: Honorable Mayor and Members of the City Council
From: Adam W. Politzer, Interim City Manager
EXECUTIVE SUMMARY
The City of Alameda (City) is facing a growing public health and safety threat from the recreational use of nitrous oxide, particularly among youth. Recent incidents of driving under the influence (DUI) and the open sale of "Galaxy Gas" in local retail environments highlight the need for a more robust intervention strategy. By adopting the proposed ordinance (amending Article XVIII of Chapter VI), the City establishes a clear legal framework to prohibit sales by tobacco retailers and convenience stores.
BACKGROUND
The increasing exposure of nitrous oxide to our community members and especially to our youth is impacting the community's health and safety.
On November 6, 2025, Alameda Police officers arrested a driver for DUI after observing the individual inhaling nitrous oxide while driving. Beyond addressing the need for immediate traffic safety, the Ordinance finds that nitrous oxide -- often referred to as "laughing gas," "NOX," "Whippits," or "Galaxy Gas" -- is being marketed to the community's youth and dangerously misused due to its low cost and ready availability at tobacco retailers and convenience stores.
Medical authorities have identified nitrous oxide, when misused, as a cause of asphyxiation, paralysis, and death. The City's legislative response to this growing public health and safety threat mirrors its 2018 success banning the sale of flavored tobacco in Alameda (Ordinance 3230). The State of California followed cities like Alameda with a statewide ban on flavored tobacco effective January 1, 2023.
The City of...
Click here for full text