The Costa Mesa Police Department's Special Investigations Unit (SIU) shut down illicit operations at two local smoke shops last week, seizing thousands of dollars in cash, counterfeit nicotine and cannabis products, and large quantities of recreational nitrous oxide.
Investigators worked with the department's Community Policing Unit to carry out search warrants at the businesses. According to the department's findings, both shops were operating entirely outside the terms of their business licenses. The seizure included more than 600 flavored nitrous oxide cartridges and tanks.
The operation is part of a countywide crackdown on non-compliant smoke shops, which authorities say put consumers at serious risk by selling unverified, counterfeit goods. Over the past year, law enforcement agencies across Southern California have set up specialized task forces to run compliance sweeps. Those sweeps have often uncovered other illegal activity, including gambling machines, untaxed tobacco and sales to minors. Municipalities have also reported a rise in complaints about unregulated alternative nicotine devices, flavored products and the recreational distribution of nitrous oxide tanks.
The business owners and operators taken into custody face a mix of municipal ordinance violations, business regulation breaches and state criminal charges. Based on the items seized, prosecutors typically look at several offenses. One is selling counterfeit trademarks under California Penal Code 350, which can be charged as a misdemeanor or felony depending on the retail value of the goods. It carries up to three years in county jail and fines of up to $250,000 for individual owners.
Another is the unlawful sale of nitrous oxide under Penal Code 381c. State law and city ordinances bar distributing or selling the gas to people who plan to inhale it recreationally. It is prosecuted as a misdemeanor, and a first offense can bring up to six months in county jail and fines. Selling cannabis without the proper local license also violates municipal code and state business law, and can lead to immediate shutdown, permanent revocation of permits and heavy civil fines.
Data from recent multi-agency sweeps and code enforcement reports suggest some cities see these actions more often than others. The five Orange County cities with the highest frequency of smoke shop raids, shutdowns and related arrests are Santa Ana, Costa Mesa, Anaheim, Fullerton and Irvine. Costa Mesa's place on the list is attributed to its strict citywide ban on recreational gas sales and continuing SIU operations.
The seizure also draws attention to the health risks of recreational nitrous oxide, often called "whippits." The gas is used safely as a fast-acting sedative in controlled medical settings, but fruit and candy flavorings can mask its harsh taste. That can lead users to think the product is safer or weaker than industrial gas, and to inhale more of it.
Chronic use permanently inactivates vitamin B12, which disrupts production of the protective myelin sheath around the nervous system. The result can be subacute combined degeneration of the spinal cord, with permanent numbness, tingling, loss of motor control and an inability to walk.
Inhaling directly from high-pressure tanks can also displace oxygen in the lungs, causing blackouts, seizures, cardiac arrhythmia or death by asphyxiation, especially in enclosed spaces such as vehicles. The gas leaves tanks at sub-zero temperatures and can freeze the lips, tongue, throat and vocal cords, causing deep tissue damage and airway scarring. Prolonged heavy use can also cause memory lapses, confusion, psychosis and a strong psychological dependency.
