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The California legislature has enacted new law under California Penal Code section 381c, which subjects individuals to criminal prosecution when they sell or distribute nitrous oxide to minors. As used in this provision, nitrous oxide refers to any of the following substances: N2O, dinitrogen monoxide, dinitrogen oxide, nitrogen oxide, or laughing gas.

If a person is found guilty of selling nitrous oxide to individuals less than 18 years of age, he or she will be guilty of a misdemeanor, and the court will most likely order that person to perform community service as a condition of his or her probation. Moreover, starting July 1, 2010, the court will also suspend your business license for a period of up to one year, if you knowingly violated this section more than once.

There are few defenses to selling nitrous oxide to minors. Section 381c does not apply to any person who administers nitrous oxide for the purpose of providing medical or dental care, or to the sale of nitrous oxide contained in food products for use as a propellant. However, the most common defense to this crime is when the defendant honestly and reasonably believed that the minor involved in the offense was at least 18 years of age.

It is essential to contact experienced San Diego drug criminal defense attorneys who can provide clarity and quality representation in your criminal matter. Wallin & Klarich has over 30 years of criminal experience. Call 1-888-749-0034 to speak to one of Wallin & Klarich’s aggressive and experienced criminal defense attorneys in California today or visit us on our website at www.wklaw.com. We will be there when you call.

This entry was posted on Saturday, March 27th, 2010 at 6:00 am and is filed under Drug Crime. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.