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The use of nitrous oxide (commonly known as laughing gas) for recreational purposes has seen a notable increase in California over the past three years. But many residents don’t seem to realize that inhaling nitroux oxide for personal use is not legal.
Case in point, SAPD patrol officers recently were conducting proactive enforcement in the area of 2300 W. 2nd Street when they observed several individuals who were in possession of nitroux oxide (NOS) tanks and balloons. Hint – they were not intending to blow up those balloons for a birthday party!
When the officers attempted to make contact with the suspects one individual decided to take off on foot. Guess what? Fleeing from the police is also illegal.
The officers chased down the suspect and detained him. Of course it turned out he was also in possession of a loaded firearm. Oops!
The suspect, an unidentified male, was arrested and booked at the Santa Ana City Jail.
The FDA issued a warning in March 2025 about the dangers of inhaling nitrous oxide from commercially available canisters. Additionally, Orange County recently passed an ordinance banning the sale of nitrous oxide for recreational use.
Fleeing from the police and getting caught with nitrous oxide cylinders and balloons in Santa Ana, CA, can result in serious legal consequences. Here are the potential penalties for each offense:
Evading Police
Under California Vehicle Code Section 2800.1, evading a police officer is a misdemeanor if it involves fleeing from a marked law enforcement vehicle using lights and sirens. Penalties include:
If the evasion involves reckless driving, it can be charged as a felony, leading to:
- 16 months to 3 years in state prison
- Fines up to $10,000
Possession of Nitrous Oxide
Under California Penal Code Section 381b, possessing nitrous oxide with the intent to use it for intoxication is a misdemeanor. Penalties include:
- Up to 6 months in county jail
- Fines up to $1,000
Possession of a Firearm
Unlawful possession of a firearm, especially by individuals prohibited from owning firearms, is a felony under California Penal Code Section 29800. Penalties include:
- 16 months to 3 years in state prison
- Fines up to $10,0003
Combining these offenses can lead to compounded penalties, including potential jail time and substantial fines.
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