"San José lawmakers are aiming to crack down on the proliferation of smoke shops and the sale of nitrous oxide canisters, or "whip-its." Officials are calling it a growing public health issue among youth, especially due to its easy accessibility. Inhaling nitrous oxide recreationally, which can deliver a short, euphoric high, poses "serious health risks, including neurological damage and in some cases, death," Rachel Roberts, San José's deputy director of code enforcement, said during Tuesday's meeting."
"Council members argued the ordinances were a critical response to a "dramatic rise" in unregulated smoke shops, particularly in working-class neighborhoods, and are intended to fix what city memos called "historically weak" enforcement. A memo co-signed by Councilmember Anthony Tordillos and others argued that past enforcement has been ineffective, with "modest fines that fail to deter repeat offenses." "Part of the reason there was the disconnects between different levels of government," Tordillos said in an interview."
San José passed twin ordinances imposing a moratorium on new tobacco retail licenses and banning nitrous oxide canister sales at smoke shops. Officials cited a dramatic rise in unregulated smoke shops, concentrated in working-class neighborhoods, and growing recreational nitrous oxide use among youth because of easy accessibility. City code enforcement warned that inhaling nitrous oxide can cause neurological damage and even death. City memos described past enforcement as historically weak and noted modest fines failed to deter repeat offenses. Councilmembers said a city-level ban will enable easier follow-up by SJPD and Code Enforcement and send a clear risk message.
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