Nitrous oxide: retail sales.

Existing law prohibits the possession of nitrous oxide with the intent to inhale it for specified purposes, including to cause intoxication. Existing law also prohibits the sale of nitrous oxide to any person under 18 years of age. Existing law makes it a misdemeanor to dispense nitrous oxide to a person and knowing that the person will use it for specified prohibited purposes, if that person then causes death or great bodily injury to themselves or another person. Existing law requires a seller of nitrous oxide to keep a record of persons who purchase nitrous oxide from it and also to provide certain written warnings to the purchaser. This bill would make it a misdemeanor for a retailer of tobacco or tobacco-related products, as defined, to sell, or offer for sale, nitrous oxide, as specified. By creating a new crime, the bill would impose a state-mandated local program. The bill would require the court, with exceptions, to order the suspension of the business license of a person who knowingly commits that offense after having been previously convicted of the offense. 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.