SACRAMENTO, September 30, 2026 – Today, Governor Gavin Newsom signed Assemblymember Josh Lowenthal’s (Long Beach – D) Assembly Bill 2076, which would require an online vendor to verify age before a nitrous oxide purchase. It also closes a loophole where gift cards could be used to circumvent age verification to buy products designated as “extremely dangerous” under the California's Parents' Accountability and Child Protection Act, which includes nitrous oxide. Finally, the bill increases penalties for large retailers who fail to properly verify age before point of sale.
The dangers of nitrous oxide:
Nitrous oxide — also known as laughing gas or whippets — has increasingly become a popular drug among teens. Its popularity in large part comes from its availability: whippet cans are available for purchase over the counter at many locations. Despite its commercial prevalence, repeated use of whippets can cause permanent brain damage. The drug displaces oxygen in the lungs and strips the body of vitamin B12, a critical chemical protecting the spinal cord. Prolonged use of whippets can cause irreparable nerve damage and brain cell loss. The unfortunate growth in popularity of the drug has come at a steep cost. From 2013 to 2023, nitrous oxide deaths increased by 578% nationally.
AB 2076 fills a critical gap:
California law prohibits minors from purchasing whippets. However, until AB 2076, there were no legal requirements for online vendors to verify ID before purchase. For that reason, AB 2076 closes critical gaps in our legal framework that have enabled children to easily access drugs online.
Quotes:
“Laughing gas’ prevalence is what makes it so dangerous,” said Assemblymember Josh Lowenthal (D – Long Beach). “Prior to AB 2076, a child could purchase laughing gas with a few clicks and fictitious credentials. The consequences of this accessibility can be seen in the alarming increase in fatalities associated with laughing gas use. AB 2076 keeps a highly neurotoxic substance out of the hands of kids and puts a stop to predatory vendors taking advantage of loopholes in the law.”
"The Children's Advocacy Institute applauds the Governor for better ensuring the safety of children online by signing AB 2076 and thanks Assemblymember Lowenthal for authoring it,” said Ed Howard, senior counsel and senior policy advocate for The Children's Advocacy Institute. “With this new law, online marketplaces will hopefully and finally be motivated to comply with the same child safety laws restricting the sales of dangerous items to minors that mom and pop brick and mortar stores comply with everyday."
“Too many young people are gaining access to nitrous oxide products that can cause serious harm,” said San Diego County District Attorney Summer Stephan. “AB 2079 closes important loopholes by making sure these products cannot be sold to minors, including through online sales, and by preventing the use of gift cards to get around these protections. We must do everything we can to keep dangerous products out of the hands of children and teens.”
Bill details:
AB 2076 adds nitrous oxide to the list of products requiring age verification for online purchase under California's Parents' Accountability and Child Protection Act. It also strengthens enforcement by increasing penalties for sellers who fail to comply with age verification requirements. The bill authorizes judges to impose penalties of up to $250,000 per violation on large-scale violators — sellers with gross annual revenues exceeding $25 million —for failure to comply with age verification requirements. Finally, it prohibits the use of gift cards to purchase any product designated as extremely dangerous under the California's Parents' Accountability and Child Protection Act, eliminating an anonymous payment method that undermines age verification.
