California SB 936 Reaches Final Committee: Assembly Appropriations Weighs Nitrous Oxide Sales Ban

California's SB 936, the bill that would ban most retail sales of large and flavored nitrous oxide products, went before the Assembly Appropriations Committee on August 5, 2026 — its final committee stop before a possible floor vote. The measure cleared the Senate earlier this year and passed two Assembly policy committees without opposition, 17–0 and 9–0. The appropriations decision is expected in the coming days; if the bill advances, it moves to the full Assembly and then to the Governor's desk.

What SB 936 Would Ban

The bill adds Section 119408 to the California Health and Safety Code and prohibits four categories of sale:

• Nitrous oxide containers capable of holding more than 8 grams
• Containers from which an individual may directly inhale the gas
• Flavored nitrous oxide — gas marketed as tasting or smelling of any food, including fruit, candy, dessert, alcoholic beverage, herb, or spice
• Devices intended for inhaling nitrous oxide from a container

Violations are infractions with escalating fines: $500 for a first offense, $1,000 for a second, and $2,000 for subsequent offenses. A court may also suspend a business license, tobacco license, or seller's permit for up to one year when a business knowingly violates the law after a prior conviction. The bill covers internet sales explicitly, and cities and counties remain free to adopt stricter local rules.

How the Bill Got Here

SB 936 was introduced by Senator Catherine Blakespear (D-Encinitas) with eleven coauthors from both chambers. Its path so far:

• May 14: Senate Appropriations Committee — do pass as amended (5–2); the bill subsequently passed the full Senate.
• June 16: Assembly policy committee — do pass (17–0), re-referred to Public Safety.
• June 30: Assembly Public Safety Committee — do pass as amended (9–0).
• July 2: Amended and re-referred to Appropriations.
• August 5: Assembly Appropriations hearing — the last committee hurdle before the floor.

The Exemptions That Matter for Food Service

Two carve-outs protect legitimate culinary supply. First, the bill does not apply to nitrous oxide of less than nine grams sold as a propellant in food or for food preparation in restaurant, food-service, or houseware products — standard 8g cream chargers stay legal. Second, wholesalers may sell covered products for any exempt purpose, which keeps documented B2B supply of larger cylinders to verified food businesses open. Medical, dental, veterinary, industrial, and automotive uses are exempt as well.

One gap deserves attention: the flavored-gas prohibition carries no culinary exception. If enacted as amended, flavored nitrous oxide would be unlawful to sell in California at any container size, so buyers serving that state should plan their assortment around unflavored, food-grade cream chargers instead.

What We Are Watching

Appropriations is where bills carrying state costs are weighed, and it is also where measures can stop quietly on the suspense file. Given two unanimous Assembly committee votes, the odds favor SB 936 reaching the floor this month. California would then join Tennessee and a growing list of states that have moved large-capacity and flavored nitrous oxide out of the retail channel while leaving food-grade supply intact. For distributors, the practical posture is unchanged: keep culinary SKUs documented, route large cylinders through verified wholesale accounts, and track the final vote. We will update this report when the committee posts its decision.

Sources

• California Legislative Information: SB 936 Nitrous oxide: sales — status and bill text (accessed August 6, 2026)
• Sacramento Bee: California moves to curb sales of flavored nitrous oxide (July 20, 2026)
• Senate Appropriations Committee: Hearing results (May 14, 2026)
• Shay Gilmore LLP: 2026 California legislative session — SB 936 analysis (July 2026)