(1) Inhalation of nitrous oxide outside a clinical setting may have dangerous health effects. 2. Subject to this Division, no person who supplies or distributes nitrous oxide shall use, verify or disclose information obtained under this Division. In other words, if you are under the influence of nitrous oxide because a doctor or dentist administered it during care, you are not guilty. However, nitrous oxide is also gaining popularity as a recreational drug — and since California considers it a controlled substance, it is illegal to possess or be under the influence of a PC outside of legitimate medical use under California Criminal Code 381b. This bill should not disappear into the bureaucratic machinery of Sacramento. If California continues to ignore these blatantly illegal sales, we send the message that the misuse of nitrous oxide is as innocent as the colored balloons suggest. “381b. Any person who possesses nitrous oxide or a substance containing nitrous oxide with the intention of breathing, inhaling or ingesting with the intention of causing a state of intoxication, elation, euphoria, dizziness, numbness or numbness of the senses, or altering, distorting or disrupting in any way acoustic, visual or mental processes, or any person, knowingly and intentionally, is under the influence of nitrous oxide or nitrogenous matter is guilty of an offence. Note that individuals may also be charged with possession of nitrous oxide.
This charge will be dealt with pursuant to section 381 of the Criminal Code. Individuals may possess nitrous oxide for medical or dental purposes. They are not legally allowed to possess this substance if they intend to “get high” by inhalation or ingestion. (d) This Section shall not apply to the sale of nitrous oxide contained in foodstuffs intended for use as fuel. Keep in mind that illness, fatigue, or drunkenness can all mimic the symptoms of nitrous oxide poisoning. In addition, many police officers are unaware of the signs of nitrous oxide or are well trained. Remember that people are only guilty of possessing nitrous oxide if they intend to use it to get high. Conversely, a person is guilty under HS 11350a if they possess only one controlled substance. A prosecutor does not have to prove that a defendant intended to use it in any way. The term “under the influence” is defined as nitrous oxide in your system to the point where it has affected your physical or mental abilities.
Maybe you didn`t intentionally inhale nitrous oxide to intoxicate yourself. For example, someone may have tricked you into inhaling it by telling you it was helium or another gas. This does not necessarily mean that you have been intoxicated in the traditional sense – if nitrous oxide has affected your ability to drive, for example, you may be under the influence. “That way,” he says, nodding at a plastic container filled with colored balloons used to inhale the drug. Next to this display of inhalation paraphernalia was the holy grail of cheap highs and euphoria: cases of “Whip-Its! The original! The boxes, which are officially marketed for culinary purposes, depict a smiling woman in a 1960s-style dress showing off her whipped cream dispenser. Within minutes, I was able to buy a $12 carton of 24 nitro cans, a dispenser (sometimes called a “cracker”) and four royal blue balloons. There are many defences available to you if you are charged under this section. The greatest defense is to attack the second element required above by proving that you have no intention of using nitrous oxide as a recreational drug. If the AD is unable to prove your intent, you can argue that there is not enough evidence to prove that you are guilty of the crime. Imagine a scenario where you have to work for a dentist and transport nitrous oxide from a manufacturer to the office. If the police arrest you and find nitrous oxide, it will not be enough to make you guilty of the crime.
If you have a legitimate reason to transport nitrous oxide and it is not to be used recreationally, this would not be enough to prove your guilt. “Possession” can mean having the drug with you OR having it in a place where you control it, such as at home or in the car. If the police find nitrous oxide in your possession, they can arrest you and charge you with a crime, even if you don`t appear to be under their influence. The wording of Penal Code 381b states that a person is not guilty under the law if he is poisoned by nitrous oxide due to medical or dental care. Therefore, people can contest a charge by showing that they were under the influence of the gas solely because of a medical or dental procedure. It only becomes a crime if someone removes this gas for their purposes, not for medical treatment. They could also be charged under other related laws. For example, if you stole nitrous oxide from an office, you could be charged with burglary under Criminal Code 459 CP. Other related laws include: Possession of nitrous oxide and the influence of nitrous oxide are two drug-related offenses in California. Individuals may face offenses on a PC 381b charge. A PC 381b condemnation may result in: Nitrous oxide is widely used by medical professionals and in the dental field. The drug has a number of legitimate uses in California.
However, it is not always used in a professional environment. This section does not apply to persons who are under the influence of nitrous oxide or nitrogenous substances according to an administrator for the purposes of medical, surgical or dental care by a person duly authorized to administer such an agent. Nitrous oxide is commonly referred to as “nitrous oxide,” something that anyone who has had dental work or surgery has likely caused to numb for treatment. As it is clear, its use in a medical setting cannot be a crime, since its purpose is to aid in surgery. Crimes occur when a person removes this gas to use it for their own purposes, not for medical treatment. This would not prevent you from also being charged with other crimes if you steal or remove gas from an office, such as a burglary. In November 2018, a student at Ohio University died of nitrous oxide asphyxiation. The coroner called his death an “accident.” The teenage brother of a good friend of mine inhaled Nitro and died the same way. Nitrous oxide abuse has also been linked to the suicide of professional basketball player Tyler Honeycutt. Although my son has since dedicated himself to a life of sobriety, the reality is that he can go to any tobacco store any day or night and be tempted to buy everything he needs to resume his scary addiction. f) 1.
Information received from a person to whom nitrous oxide has been distributed or provided in accordance with this Section shall be confidential and shall be used only for the purposes set out in this Section. A criminal defense attorney in Los Angeles can further investigate the illegal use of nitrous oxide. For more information on these fees, call (310) 997-4688. We are ready to give you answers to your legal questions. Perhaps we can argue that you were poisoned by nitrous oxide due to medical/dental care.
