Title
Ordinance Prohibiting the Retail Sale, Possession, and Recreational Use of Nitrous Oxide
History
The purpose of this report is to recommend adoption of an ordinance prohibiting the retail sale, distribution, possession, and recreational use of nitrous oxide within the Village of Orland Park. This action aligns with prior Village Board initiatives to regulate dangerous substances and closes a loophole enabling local vape shops, tobacco shops, convenience stores, and gas stations to continue selling nitrous oxide under the guise of “food-grade” products.
Although recreational use of nitrous oxide is already illegal under state law, sellers continue to legally market nitrous oxide cartridges by labeling them “food-grade,” allowing anyone over age 18 to purchase them. This loophole is enabling widespread retail availability and recreational misuse within the Village.
The Village Board has previously taken a proactive stance on psychoactive substances by adopting:
- A ban on synthetic cannabis (Delta-8 THC) on June 19, 2023
- A ban on Kratom, Tianeptine, and Novel Synthetic & Psychoactive Drugs on April 15, 2024
These actions were adopted due to the risks posed to public health and safety and have been replicated across Illinois municipal governments.
Local Harm & Health Risks
Nitrous oxide misuse can cause:
-Impaired motor function
-Loss of consciousness
-Severe neurological damage
-Dangerous risk-taking behaviors
-Threats to bystander and roadway safety
Recreational nitrous oxide is being sold in Vape shops, Tobacco shops, Convenience stores, and Gas stations, and is often displayed openly or ambiguously marketed despite known misuse trends. The proposed ordinance explicitly prohibits these retail categories from selling nitrous oxide in any form.
The proposed ordinance preserves legitimate commercial, medical, dental, industrial, and food-service uses while effectively eliminating unregulated retail access contributing to recreational abuse.
Regional and Legislative Context
Other Illinois municipalities-including Manhattan, Homer Glen, and Northlake-have recently passed nitrous oxide restrictions. State Representative DeLuca previously introduced legislation at the state level to regulate sales at tobacco shops, though the bill did not advance.
The Village’s action will place Orland Park among the municipalities proactively closing the loophole and removing retail access to a substance increasingly implicated in youth and young-adult harm.
Financial Impact
There is no direct negative financial impact anticipated. Enforcement can be handled within existing Police Department and Code Enforcement staffing.
Recommended Action/Motion
I move to recommend to the Village Board adopting an ordinance prohibiting the retail sale, possession, and recreational use of nitrous oxide, and as fully presented.
(Full motion - not necessary to be read)
I move to recommend to the Village Board adopting ordinance prohibiting the retail sale, possession, and recreational use of nitrous oxide, including an explicit ban on sales by Vape shops, Tobacco shops, Convenience stores, and Gas stations;
AND
Direct Village staff to provide notices to all affected retailers, including Vape shops, Tobacco shops, Convenience stores, and Gas stations.