Nitrous oxide: dispensing and distributing.

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 make it a misdemeanor to dispense or distribute nitrous oxide to a person, if it is known or should have been known that the person is going to use the nitrous oxide in violation of the above provisions, and that person proximately causes great bodily injury or death to himself, herself, or another person, punishable by imprisonment in a county jail not to exceed 6 months, or by a fine not to exceed $1,000, or by both that fine and imprisonment. By creating a new crime, this bill would impose a state-mandated local program. The bill would require a person who dispenses or distributes nitrous oxide to record each transaction in a written or electronic document, as provided, and would require the person to make the document available for inspection, upon presentation of a duly authorized search warrant, during normal business hours to officers or employees of the California State Board of Pharmacy or other law enforcement agencies. The bill would require the purchaser to sign the document and provide a government-issued photo identification and residential address. The bill would also make it a misdemeanor to use, review, or disclose any information obtained from a person to whom nitrous oxide was distributed or dispensed, except as provided. 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.