Recent Increase in Nitrous Oxide-Related DUI Cases in San Diego County
San Diego County in California has seen a rise in driving under the influence cases involving nitrous oxide, with three fatal incidents related to “laughing gas DUI” occurring in the past year.
Nitrous oxide, chemically known as nitrous oxide (N2O), is used not only in medical settings for anesthesia but also in cooking for making whipped cream (in small amounts) and in vehicle maintenance to enhance engine power, all of which are legal uses.
However, the recreational use of nitrous oxide, such as inhaling it, is illegal in California. Inhaling a certain amount of nitrous oxide to achieve a drug-like effect can result in pleasure by cutting off oxygen supply to the user’s brain. Users typically obtain nitrous oxide from commercial mini canisters known as whippets.
The San Diego County District Attorney’s Office reports a significant increase in the number of cases involving nitrous oxide inhalation and driving under the influence. From October 2024 to the present, over an 11-month period, the District Attorney’s Office has prosecuted three cases involving the use or suspected use of nitrous oxide in fatal DUI incidents, compared to no such cases in the previous year.
During this period, there were 29 cases of DUI incidents involving nitrous oxide inhalation, with 18 resulting in traffic collisions. Aside from the three fatalities, 8 cases were classified as serious offenses. A report from the San Diego County Sheriff’s Crime Lab indicated an average of one suspected DUI incident involving nitrous oxide inhalation occurring every two weeks in the county.
The abuse of nitrous oxide is also increasing nationwide in the United States. A report from the Centers for Disease Control and Prevention (CDC) showed a significant increase in nitrous oxide-related cases, emergency room visits, and responses from emergency medical services (EMS) in 2023.
In March of this year, the Food and Drug Administration (FDA) issued a warning prohibiting the inhalation of nitrous oxide products, including those sold online through retailers like Amazon and in tobacco shops or gas stations as “Cosmic Gas” and “Miami Magic.”
In June 2025, the FDA updated its warning to include products like “ExoticWhip” and “Mass Gas,” which come in colorful canned packaging resembling the psychedelic packaging of many marijuana products.
San Diego County District Attorney Summer Stephan stated in an October 8th announcement, “We are seeing an increase in drivers misusing this drug, which is extremely concerning.” She emphasized that holding these nitrous oxide canisters with the intention of abuse is illegal.
Prosecutors acknowledge the unique challenges in handling DUI cases involving nitrous oxide, as toxicological testing methods may not always detect the substance since nitrous oxide is quickly absorbed and metabolized in the body after inhalation, typically disappearing from the user’s system within one to two minutes.
Officials point out that retailers and online influencers promoting nitrous oxide products to young people pose a significant obstacle to combating the drug.
Despite the limited legal uses of nitrous oxide, tobacco shops, vaping stores, and even adult stores continue to sell nitrous oxide canisters with colorful branded packaging, offering flavors like grape, cherry, and blueberry. “It is clear that these canned retailers are exploiting legal loopholes and targeting youth,” the prosecutors’ office stated.
San Diego County Sheriff Kelly Martinez also voiced concern, stating, “This growing trend, particularly among young people, is being amplified by social media. Additionally, the availability of large containers and different flavored nitrous oxide canisters is driving the market.”
Some counties in California have already implemented local bans and restrictions on the recreational use or sale of nitrous oxide to hold retailers accountable. Cities like Los Angeles, Santa Ana, Stanton, and Orange County have passed relevant ordinances, although San Diego County has yet to enact such measures.
In 2017, Rialto, California became the first city in the United States to ban the sale of certain nitrous oxide products. The city mayor’s 17-year-old son tragically lost his life in a car accident where the driver, who had inhaled nitrous oxide and passed out, crashed the vehicle into a tree.