Nitrous oxide: prohibit sale to minors.

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 provide, in addition, that it is a misdemeanor to sell or give away a device, canister, tank, or receptacle exclusively containing nitrous oxide, or exclusively containing a chemical compound mixed with nitrous oxide, to a person under 18 years of age, as specified. The bill would require the court to consider ordering a defendant to perform community service as a condition of probation. The bill would specify that it is a defense to this crime that the defendant honestly and reasonably believed that the minor involved in the offense was at least 18 years of age. A defendant who uses this defense would have the burden of proof by a preponderance of the evidence. The bill would further provide that, for the purpose of preventing a violation of the requirement, any person may refuse to sell or give away a device, canister, tank, or receptacle either exclusively containing nitrous oxide or exclusively containing a chemical compound mixed with nitrous oxide to a person who is unable to produce adequate proof of age of majority. The bill would require a court to suspend the business license of a repeat offender under these provisions, except as specified. The bill would provide that its provisions do not apply to the sale of nitrous oxide contained in food products for use as a propellant or to the administration of nitrous oxide by licensed medical and dental practitioners or those they supervise, as specified. By creating a new 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.