Fortuna Bans Recreational Nitrous Oxide Sales, Strengthens Local Enforcement

The Fortuna City Council moved to restrict access to nitrous oxide by adopting Ordinance 2025 778 at its December 3 meeting. The ordinance makes it unlawful within the city to sell, offer, distribute, or provide nitrous oxide for recreational use, responding to public health and youth safety concerns tied to inhalant misuse.

Council members amended early drafts to accommodate commercial food service needs. The final ordinance permits wholesale food distributors to deliver nitrous oxide, commonly used as a food propellant, directly to food preparation facilities. Exemptions for legitimate medical and dental uses and other authorized applications remain in place, ensuring that health care providers and food businesses can continue permitted operations.

The measure was adopted at the ordinance second reading on a roll call vote. The council recorded majority support with one member voting no. City staff and the police chief were present to answer questions during the hearing. There was no public testimony at the second reading. The ordinance had been before the council multiple times prior to final adoption, reflecting an extended deliberative process.

Fortuna joins other jurisdictions in Humboldt County and nearby cities that have enacted similar restrictions aimed at reducing youth access to inhalants and addressing associated public health risks. The ordinance establishes enforcement authority and legal penalties aimed at retailers and vendors operating inside Fortuna, giving law enforcement and city code officials tools to pursue compliance.

Local impact will fall first on retail sellers and delivery networks that previously supplied canisters for recreational use. Businesses that serve as wholesale distributors to food preparation sites retain a specific delivery exemption, but retailers that lack an exempt business purpose will need to alter sales practices or face enforcement action. The council and city staff will need to provide clear guidance on compliance and conduct outreach to affected businesses to minimize disruption and ensure uniform enforcement.

As the ordinance takes effect, residents can expect enforcement activity to focus on retail points of sale and vendor distribution channels. The council action signals a policy shift toward tighter local controls on inhalant products, and sets a framework for how Fortuna balances public health objectives with legitimate commercial and medical uses.