CA SB 936
enactedNitrous oxide: sales.
California · 2025-2026 Regular Session · upper
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Quick answers
Did CA SB 936 pass?
Yes. CA SB 936 has been enacted into law. Latest recorded action (2026-09-18): Chaptered by Secretary of State. Chapter 317, Statutes of 2026.
What is CA SB 936 about?
Existing law makes it a misdemeanor to possess nitrous oxide with the intent of inhaling it for specified purposes, including to cause intoxication. Existing law also makes it a misdemeanor to sell nitrous oxide to any person under 18 years of age. Existing law makes it a misdemeanor to dispense nitrous oxide to a person and knowing that the person will use it for specified prohibited purposes, if that person then causes death or great bodily injury to themselves or another person. Under existing law, the Cigarette and Tobacco Products Licensing Act of 2003, the California Department of Tax and Fee Administration (CDTFA) administers and enforces a statewide program to license manufacturers, importers, distributors, wholesalers, and retailers of cigarettes and tobacco products. Existing law specifically requires a retailer, distributor, or wholesaler, as defined, to hold a license from the CDTFA to engage in the sale of cigarettes or tobacco products. Existing law subjects these licenses to suspension or revocation for violations of existing law. Existing law imposes specified noticing and posting requirements for retailer licenses that are revoked. A violation of these provisions is a misdemeanor. This bill would, except as specifically exempted, prohibit the sale and distribution of a nitrous oxide container that is capable of holding more than 8 grams of nitrous oxide or from which an individual may directly inhale nitrous oxide. The bill would also prohibit the sale and distribution of a nitrous oxide that has, or is marketed as having, the taste or smell of any food. The bill would prohibit knowingly selling or distributing a device that allows an individual to inhale nitrous oxide from the container or hold nitrous oxide for the purposes of inhalation. The bill would punish a violation of these provisions as an infraction, as specified. The bill would also authorize a court to suspend a business license if the business has a prior conviction for violating these prohibitions, and to revoke a license to sell tobacco products if the business has 2 prior convictions for violating these prohibitions. The bill would make any person, distributor, or business found to have violated these prohibitions liable for all reasonable costs incurred by a public agency in the investigation, inspection, seizure, storage, transportation, handling, venting, abatement, disposal, or destruction of nitrous oxide products, nitrous oxide containers, inhalation devices, or related materials involved in the violation, as specified. This bill would prohibit a person that is engaged in the business of selling cigarettes or tobacco products in this state from possessing, storing, owning, or selling nitrous oxide, in violation of the criminal provisions outlined above, at any site where cigarettes and tobacco products are stored or sold. The bill would authorize the CDTFA to seize nitrous oxide products, as prescribed. The bill would subject a violator to civil penalties in amounts depending on the aggregate retail value of the seized nitrous oxide and the number of violations within 5 years of the first violation. The bill would require the deposit of collected civil penalties in the Cigarette and Tobacco Products Compliance Fund. The bill would also subject a violator who commits a 2nd violation to license suspension and who commits a 3rd violation to license revocation, as prescribed. This bill would establish procedures for the CDTFA to follow for a court-ordered revocation. The bill would require the CDTFA to assess a $250 civil penalty for each revoked license and to deposit collected civil penalties into the fund, to be made available to the department, upon appropriation by the Legislature, for purposes of administering the bill. The bill would authorize a licensee to apply for a new license at the previously revoked location 6 months after the date of revocation and would authorize the CDTFA, at its discretion, to issue a new license. The bill would apply these noticing and posting requirements to a retailer subject to a court-ordered revocation pursuant to the bill. The California Constitution provides for the establishment of the State Board of Equalization, which, before July 1, 2017, had primary responsibility for most of the state's duties, powers, and responsibilities regarding the administration of taxes and fees. Existing law, on July 1, 2017, transferred to the CDTFA various duties, powers, and responsibilities of the State Board of Equalization, including administration of the Cigarette and Tobacco Products Licensing Act of 2003, as specified. This bill would change references in the provisions of the Cigarette and Tobacco Products Licensing Act of 2003 amended by this bill from the "State Board of Equalization" to the "California Department of Tax and Fee Administration" to reflect the transfer of the board's duties, powers, and responsibilities to the CDTFA. Because this bill would create new crimes, it would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Who sponsors CA SB 936?
Blakespear is the primary sponsor of CA SB 936, joined by 12 cosponsors.
Description
Existing law makes it a misdemeanor to possess nitrous oxide with the intent of inhaling it for specified purposes, including to cause intoxication. Existing law also makes it a misdemeanor to sell nitrous oxide to any person under 18 years of age. Existing law makes it a misdemeanor to dispense nitrous oxide to a person and knowing that the person will use it for specified prohibited purposes, if that person then causes death or great bodily injury to themselves or another person. Under existing law, the Cigarette and Tobacco Products Licensing Act of 2003, the California Department of Tax and Fee Administration (CDTFA) administers and enforces a statewide program to license manufacturers, importers, distributors, wholesalers, and retailers of cigarettes and tobacco products. Existing law specifically requires a retailer, distributor, or wholesaler, as defined, to hold a license from the CDTFA to engage in the sale of cigarettes or tobacco products. Existing law subjects these licenses to suspension or revocation for violations of existing law. Existing law imposes specified noticing and posting requirements for retailer licenses that are revoked. A violation of these provisions is a misdemeanor. This bill would, except as specifically exempted, prohibit the sale and distribution of a nitrous oxide container that is capable of holding more than 8 grams of nitrous oxide or from which an individual may directly inhale nitrous oxide. The bill would also prohibit the sale and distribution of a nitrous oxide that has, or is marketed as having, the taste or smell of any food. The bill would prohibit knowingly selling or distributing a device that allows an individual to inhale nitrous oxide from the container or hold nitrous oxide for the purposes of inhalation. The bill would punish a violation of these provisions as an infraction, as specified. The bill would also authorize a court to suspend a business license if the business has a prior conviction for violating these prohibitions, and to revoke a license to sell tobacco products if the business has 2 prior convictions for violating these prohibitions. The bill would make any person, distributor, or business found to have violated these prohibitions liable for all reasonable costs incurred by a public agency in the investigation, inspection, seizure, storage, transportation, handling, venting, abatement, disposal, or destruction of nitrous oxide products, nitrous oxide containers, inhalation devices, or related materials involved in the violation, as specified. This bill would prohibit a person that is engaged in the business of selling cigarettes or tobacco products in this state from possessing, storing, owning, or selling nitrous oxide, in violation of the criminal provisions outlined above, at any site where cigarettes and tobacco products are stored or sold. The bill would authorize the CDTFA to seize nitrous oxide products, as prescribed. The bill would subject a violator to civil penalties in amounts depending on the aggregate retail value of the seized nitrous oxide and the number of violations within 5 years of the first violation. The bill would require the deposit of collected civil penalties in the Cigarette and Tobacco Products Compliance Fund. The bill would also subject a violator who commits a 2nd violation to license suspension and who commits a 3rd violation to license revocation, as prescribed. This bill would establish procedures for the CDTFA to follow for a court-ordered revocation. The bill would require the CDTFA to assess a $250 civil penalty for each revoked license and to deposit collected civil penalties into the fund, to be made available to the department, upon appropriation by the Legislature, for purposes of administering the bill. The bill would authorize a licensee to apply for a new license at the previously revoked location 6 months after the date of revocation and would authorize the CDTFA, at its discretion, to issue a new license. The bill would apply these noticing and posting requirements to a retailer subject to a court-ordered revocation pursuant to the bill. The California Constitution provides for the establishment of the State Board of Equalization, which, before July 1, 2017, had primary responsibility for most of the state's duties, powers, and responsibilities regarding the administration of taxes and fees. Existing law, on July 1, 2017, transferred to the CDTFA various duties, powers, and responsibilities of the State Board of Equalization, including administration of the Cigarette and Tobacco Products Licensing Act of 2003, as specified. This bill would change references in the provisions of the Cigarette and Tobacco Products Licensing Act of 2003 amended by this bill from the "State Board of Equalization" to the "California Department of Tax and Fee Administration" to reflect the transfer of the board's duties, powers, and responsibilities to the CDTFA. Because this bill would create new crimes, it would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
- Introduced
- 2026-01-29
- Latest action
- 2026-09-18 — Chaptered by Secretary of State. Chapter 317, Statutes of 2026.
- Bill type
- bill
- Last updated
- —
Subjects
Sponsors
- Blakespearauthor
- Umbergauthor
- Weber Piersoncoauthor
- Alaniscoauthor
- Addiscoauthor
- Bontacoauthor
- Calozacoauthor
- Daviescoauthor
- Dixoncoauthor
- Hadwickcoauthor
- Irwincoauthor
- Lowenthalcoauthor
- Rogerscoauthor
Committees
Not provided by source.
Action timeline
Newest first
2026-09-18
Chaptered by Secretary of State. Chapter 317, Statutes of 2026.
became-law
2026-09-18
Approved by the Governor.
executive-signature
2026-09-02
Enrolled and presented to the Governor at 3 p.m.
executive-receipt
2026-08-27
Assembly amendments concurred in. (Ayes 39. Noes 0.) Ordered to engrossing and enrolling.
2026-08-26
Ordered to special consent calendar.
2026-08-24
In Senate. Concurrence in Assembly amendments pending.
2026-08-24
Read third time. Passed. Ordered to the Senate.
passage,reading-1,reading-3
2026-08-24
Read third time. Passed. (Ayes 78. Noes 0. Page 6390.) Ordered to the Senate.
passage,reading-1,reading-3
2026-08-17
Read third time and amended.
amendment-passage,reading-1,reading-3
2026-08-17
Ordered to third reading.
reading-1,reading-3
2026-08-13
Read second time. Ordered to third reading.
reading-1,reading-2,reading-3
2026-08-13
Assembly Rule 63 suspended.
2026-08-13
From committee: Do pass. (Ayes 15. Noes 0.) (August 13).
committee-passage,committee-passage-favorable
2026-08-05
August 5 set for first hearing. Placed on suspense file.
2026-07-02
Read second time and amended. Re-referred to Com. on APPR.
amendment-passage,reading-1,reading-2,referral-committee
2026-07-01
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (June 30).
amendment-passage,committee-passage,committee-passage-favorable,referral-committee
2026-06-23
June 23 hearing postponed by committee.
2026-06-16
From committee: Do pass and re-refer to Com. on PUB. S. (Ayes 17. Noes 0.) (June 16). Re-referred to Com. on PUB. S.
committee-passage,committee-passage-favorable,referral-committee
2026-06-16
Coauthors revised.
2026-06-08
Referred to Coms. on B. & P. and PUB. S.
referral-committee
2026-05-22
In Assembly. Read first time. Held at Desk.
reading-1
2026-05-22
Read third time. Passed. (Ayes 33. Noes 0. Page 4417.) Ordered to the Assembly.
passage,reading-1,reading-3
2026-05-20
Ordered to special consent calendar.
2026-05-19
Read second time. Ordered to third reading.
reading-1,reading-2,reading-3
2026-05-18
Ordered to second reading.
reading-1,reading-2
2026-05-18
Read third time and amended.
amendment-passage,reading-1,reading-3
2026-05-14
Read second time. Ordered to third reading.
reading-1,reading-2,reading-3
2026-05-14
From committee: Do pass. (Ayes 7. Noes 0. Page 4258.) (May 14).
committee-passage,committee-passage-favorable
2026-05-08
Set for hearing May 14.
2026-05-04
May 4 hearing: Placed on APPR. suspense file.
2026-04-28
From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.
amendment-passage,committee-passage,reading-1,reading-2,referral-committee
2026-04-24
Set for hearing May 4.
2026-04-21
April 27 hearing postponed by committee.
2026-04-17
Set for hearing April 27.
2026-04-13
From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 0. Page 3840.) (April 13). Re-referred to Com. on APPR.
committee-passage,committee-passage-favorable,referral-committee
2026-04-08
Set for hearing April 13.
2026-04-08
From committee with author's amendments. Read second time and amended. Re-referred to Com. on B. P. & E.D.
amendment-passage,committee-passage,reading-1,reading-2,referral-committee
2026-03-17
From committee: Do pass and re-refer to Com. on B. P. & E.D. (Ayes 6. Noes 0. Page 3589.) (March 17). Re-referred to Com. on B. P. & E.D.
committee-passage,committee-passage-favorable,referral-committee
2026-03-03
Set for hearing March 17.
2026-02-11
Referred to Coms. on PUB. S. and B. P. & E.D.
referral-committee
2026-01-30
From printer. May be acted upon on or after March 1.
2026-01-29
Introduced. Read first time. To Com. on RLS. for assignment. To print.
introduction,reading-1,referral-committee
Versions
- 01/29/26 - Introduced — 2026-01-29Compare
- 04/08/26 - Amended Senate — 2026-04-08Compare
- 04/28/26 - Amended Senate — 2026-04-28Compare
- 05/18/26 - Amended Senate — 2026-05-18Compare
- 07/02/26 - Amended Assembly — 2026-07-02Compare
- 08/17/26 - Amended Assembly — 2026-08-17Compare
- 08/30/26 - Enrolled — 2026-08-30Compare
- SB936Compare
- (document, no version)Compare
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Votes
Do pass, but first be re-referred to the Committee on [Business, Professions and Economic Development]
2026-03-17 · pass · 6-0
Member-level votes (6)
- Reyes: yes
- Seyarto: yes
- Wiener: yes
- Pérez: yes
- Caballero: yes
- Arreguín: yes
Do pass, but first be re-referred to the Committee on [Appropriations]
2026-04-13 · pass · 11-0
Member-level votes (11)
- Menjivar: yes
- Smallwood-Cuevas: yes
- Arreguín: yes
- Niello: yes
- Archuleta: yes
- Umberg: yes
- Caballero: yes
- Strickland: yes
- Wahab: yes
- Grayson: yes
- Choi: yes
Placed on suspense file
2026-05-04 · pass · 7-0
Member-level votes (7)
- Dahle: yes
- Cervantes: yes
- Wahab: yes
- Richardson: yes
- Seyarto: yes
- Cabaldon: yes
- Grayson: yes
Do pass
2026-05-14 · pass · 7-0
Member-level votes (7)
- Cervantes: yes
- Seyarto: yes
- Wahab: yes
- Cabaldon: yes
- Dahle: yes
- Richardson: yes
- Grayson: yes
Special Consent SB936 Blakespear et al.
2026-05-22 · pass · 33-0
Member-level votes (40)
- Rubio: yes
- Durazo: yes
- Cortese: yes
- McNerney: yes
- Pérez: yes
- Weber Pierson: yes
- Strickland: yes
- Gonzalez: yes
- Cabaldon: yes
- Wiener: yes
- Cervantes: yes
- Umberg: yes
- Blakespear: yes
- Archuleta: yes
- Arreguín: yes
- Valladares: yes
- Reyes: yes
- Ashby: yes
- Jones: yes
- Dahle: yes
- Limón: yes
- Seyarto: yes
- Grove: yes
- Smallwood-Cuevas: yes
- Caballero: yes
- Choi: yes
- Richardson: yes
- McGuire: yes
- Laird: yes
- Wahab: yes
- Ochoa Bogh: yes
- Menjivar: yes
- Grayson: yes
- Becker: other
- Hurtado: other
- Padilla: other
- Alvarado-Gil: other
- Stern: other
- Niello: other
- Allen: other
Do pass and be re-referred to the Committee on [Public Safety]
2026-06-16 · pass · 17-0
Member-level votes (19)
- Irwin: yes
- Macedo: yes
- Alanis: yes
- Jackson: yes
- Nguyen: yes
- Ellis: yes
- Haney: yes
- Dixon: yes
- Addis: yes
- Berman: yes
- Elhawary: yes
- Pellerin: yes
- Caloza: yes
- Ahrens: yes
- Bauer-Kahan: yes
- Hart: yes
- Lowenthal: yes
- Bains: other
- Chen: other
Do pass as amended and be re-referred to the Committee on [Appropriations]
2026-06-30 · pass · 9-0
Member-level votes (9)
- Mark González: yes
- Sharp-Collins: yes
- Alanis: yes
- Haney: yes
- Lackey: yes
- Harabedian: yes
- Ramos: yes
- Schultz: yes
- Nguyen: yes
Related bills
No related bills recorded for this bill.
Official source
Attribution
Data from openstates_api_sync, retrieved 2026-09-20T07:34:34.877629Z
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