SB 758: Public health: nitrous oxide. - California

08/30/26 - Enrolled → SB758 · 1 edit

MINOR

No substantive policy changes exist between these two versions. The diff reflects a comparison between the formal enrolled bill document (with Senate and Assembly passage stamps, signature lines, and page numbers) and its web page rendering on the California Legislature website. The actual legislative text of Section 22984 and Section 2 is identical in both versions.

TECHNICAL

The document format changed from a formal enrolled bill layout (with passage stamps, signature blocks, and page numbers) to a web page layout with navigation elements, version history, and metadata. No changes to the operative legal text.

08/13/26 - Amended Assembly → 08/30/26 - Enrolled · 2 edits · Aug 30, 2026

MINOR

SB 758 transitioned from its Amended Assembly version to the Enrolled version, meaning it passed both chambers and is ready for the Governor's signature. The substantive policy text (Section 22984) is unchanged between versions. The only notable difference is that Assembly Member Addis was listed as a coauthor in the amended version but is not listed in the enrolled version.

TECHNICAL

Assembly Member Addis was listed as a coauthor in the Amended Assembly version but is absent from the Enrolled version, indicating the coauthor designation was dropped before final passage.

Standard enrollment formatting changes: amendment history dates removed, 'as amended' removed from the digest title, line numbers removed from statutory text, and Governor's receipt/approval blocks added. No policy content changed.

06/24/26 - Amended Assembly → 08/13/26 - Amended Assembly · 2 edits · Aug 13, 2026

MINOR

SB 758 was amended to expand the list of legitimate uses that local governments cannot restrict in their nitrous oxide ordinances. The bill now explicitly protects medical, industrial, and manufacturing uses in addition to the previously listed dentistry, food preparation, and automotive services. Senator Menjivar was also added as a co-author.

SCOPE

The list of legitimate uses that local ordinances cannot restrict was expanded from 'dentistry, food preparation, and automotive services' to 'medical, dentistry, food preparation, industrial, manufacturing, and automotive services.' This gives local governments less authority to ban nitrous oxide sales for medical, industrial, and manufacturing purposes.

TECHNICAL

Senator Menjivar was added as a co-author alongside Senator Umberg.

01/22/26 - Amended Senate → 06/24/26 - Amended Assembly · 3 edits · Jun 24, 2026

MINOR

The Assembly removed the 7-hydroxymitragynine prohibition entirely, narrowing the bill to focus solely on nitrous oxide. It also expanded the retail ban to explicitly include convenience stores and added a new provision allowing local governments to adopt stricter nitrous oxide ordinances, provided they do not restrict legitimate uses like dentistry, food preparation, and automotive services.

Scope change

The bill's scope narrowed by removing the 7-hydroxymitragynine prohibition, and broadened in two ways: convenience stores are now explicitly covered by the retail ban, and local governments gain authority to impose additional restrictions on nitrous oxide sales beyond the state floor.

SCOPE

Section 11364.1 of the Health and Safety Code was deleted, which would have made it a misdemeanor to sell or distribute any product containing 7-hydroxymitragynine (except as it naturally occurs in the plant Mitragyna speciosa).

A new subsection (b) authorizes any city, county, or city and county to adopt an ordinance imposing greater restrictions on the retail sale of nitrous oxide than the state law, as long as the local ordinance does not restrict legitimate uses including dentistry, food preparation, and automotive services.

ELIGIBILITY

The nitrous oxide retail ban now explicitly includes convenience stores as covered retailers, closing a potential gap where convenience stores might not have been clearly captured by the original language.

01/15/26 - Amended Senate → 01/22/26 - Amended Senate · 4 edits · Jan 22, 2026

MODERATE

The bill was significantly narrowed in its approach to 7-hydroxymitragynine (a kratom compound). The previous version would have placed it on Schedule I of California's Controlled Substances Act alongside heroin and LSD, subjecting it to the full range of criminal penalties for possession, manufacture, and distribution. The new version instead creates a standalone misdemeanor provision that only prohibits selling or distributing products containing 7-hydroxymitragynine (except as it naturally occurs in the kratom plant). This is a major reduction in both the scope of prohibited conduct and likely severity of penalties.

SCOPE

Removed the amendment to Section 11054 of the Health and Safety Code that would have added 7-hydroxymitragynine to Schedule I of the Controlled Substances Act. This means possession, manufacture, and transportation of 7-hydroxymitragynine are no longer criminalized under this bill - only sale and distribution are targeted.

The bill's approach shifted from treating 7-hydroxymitragynine as a Schedule I controlled substance (comparable to heroin and LSD) to a targeted misdemeanor offense limited to sale and distribution, representing a much less restrictive regulatory framework.

REQUIREMENT

Added new Section 11364.1 to the Health and Safety Code as a standalone misdemeanor provision making it a crime to sell or distribute a product containing 7-hydroxymitragynine, except as it naturally occurs in the plant Mitragyna speciosa (kratom).

TECHNICAL

Added Assembly Member Addis as coauthor of the bill.

01/05/26 - Amended Senate → 01/15/26 - Amended Senate · 4 edits · Jan 15, 2026

MODERATE

The January 15 amendment removes the entire jury peremptory challenge provision (which would have removed a presumption of invalidity in cases involving law enforcement officers as defendants or victims), adds a grocery store exception to the nitrous oxide retail ban, and adds a new misdemeanor making it a crime to sell or distribute products containing 7-hydroxymitragynine. The bill is now focused solely on public health issues (kratom and nitrous oxide) rather than also addressing jury selection.

Scope change

The bill's scope narrowed by removing the jury selection amendment and refocusing exclusively on public health regulation of kratom (7-hydroxymitragynine) and nitrous oxide. The nitrous oxide ban was narrowed to exclude grocery stores, while the kratom provisions were expanded with a new standalone misdemeanor for sale or distribution.

SCOPE

The entire amendment to Section 231.7 of the Code of Civil Procedure was removed. This provision would have eliminated the presumption that a peremptory challenge is invalid when based on a juror's distrust of law enforcement, in cases where a law enforcement officer is the defendant or alleged victim.

ELIGIBILITY

The nitrous oxide retail ban (new Business and Professions Code Section 22984) now excludes grocery stores and general retail merchandise stores with a grocery department (as defined in Civil Code Section 7100). It also clarifies that 'nitrous oxide' is as defined in Penal Code Section 381c.

ENFORCEMENT

A new Health and Safety Code Section 11364.1 makes it a misdemeanor for any person to sell or distribute a product containing 7-hydroxymitragynine, except as it naturally occurs in the plant Mitragyna speciosa (kratom).

FISCAL

The fiscal committee requirement changed from 'no' to 'yes,' meaning the bill now requires review by the legislative fiscal committee before passage.

02/21/25 - Introduced → 01/05/26 - Amended Senate · 4 edits · Jan 5, 2026

MODERATE

SB 758 was completely repurposed between its introduction and Senate amendment. The original jury peremptory challenge provisions (amending Code of Civil Procedure Section 231.7) were entirely removed, and the bill now addresses two public health topics: prohibiting retail sale of nitrous oxide and scheduling 7-hydroxymitragynine (a kratom alkaloid) as a Schedule I controlled substance. This is a significant scope change from civil procedure to public health regulation.

Scope change

The bill's scope changed entirely from civil procedure (jury selection and peremptory challenges) to public health regulation (nitrous oxide retail sales prohibition and kratom compound scheduling). The original jury provisions were stripped out completely and replaced with unrelated public health content.

SCOPE

All original provisions amending Code of Civil Procedure Section 231.7 regarding peremptory challenges in jury selection were removed. This included the presumption of invalidity for challenges based on distrust of law enforcement, belief in racial profiling, close relationship with people stopped or arrested, neighborhood, receiving state benefits, and other listed reasons.

New Section 22984 added to the Business and Professions Code prohibiting retailers from selling nitrous oxide at any retail location. This expands the Cigarette and Tobacco Products Licensing Act of 2003 framework to cover nitrous oxide.

DEFINITION

Section 11054 of the Health and Safety Code is amended to place 7-hydroxymitragynine on Schedule I (the most restrictive schedule), with an exception for when it naturally occurs in the plant Mitragyna speciosa (kratom). This means synthetic or isolated 7-hydroxymitragynine becomes a controlled substance subject to criminal sanctions.

FISCAL

A new Section 3 provides that no state reimbursement is required for local agencies because the act creates a new crime or changes the definition of a crime. The fiscal note was updated to indicate a state-mandated local program and fiscal committee review are now applicable.

Public health: nitrous oxide.

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