California Codes

Cal. Penal Code § 381b (2026)

✓ current as of May 2026
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Any person who possesses 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 who knowingly and with the intent to do so is under the influence of nitrous oxide or any material containing nitrous oxide is guilty of a misdemeanor. This section shall not apply to any person who is under the influence of nitrous oxide or any material containing nitrous oxide pursuant to an administration for the purpose of medical, surgical, or dental care by a person duly licensed to administer such an agent.

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2005–2022 · leading case: United States v. Erickson, 61 M.J. 230 (C.A.A.F. 2005).
United States v. Erickson, 61 M.J. 230 (C.A.A.F. 2005). “§ 5-64-1201 (2001); Cal.Penal Code § 381b (West 1999); Fla. Stat.”
People v. Hughston, 168 Cal. App. 4th 1062 (Cal. Ct. App. 2008). “Code, § 11378) (count three), and possession of nitrous oxide (Pen. Code, § 381b) (count four). Appellant unsuccessfully challenged the two searches in the trial court pursuant to Penal Code section 1538.”
In re Gary S. CA2/4 (Cal. Ct. App. 2022). “(Pen. Code, § 381b.) It is also a misdemeanor to distribute or offer to sell nitrous oxide to any person under 18 years of age.”
In re Manuel B. CA2/3 (Cal. Ct. App. 2014). “Code, § 459), and his admissions he committed the misdemeanors of possession of nitrous oxide (Pen. Code, § 381b) and battery, during which he inflicted great bodily injury (Pen.”
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