[Noisebridge-discuss] Points of information re: Nitrous Oxide

[Robert "Finny" Merrill]

Dear NB

I joined the list just to post this. Sorry it's not in reply to the
thread in question but I joined the list just now so I don't have a
message to reply to.

For people who are concerned about Noisebridge getting in trouble for
nitrous use in the space, I would like to point out the following
facts and personal observations (note: IANAL, but this stuff is pretty
simple to understand):

Nitrous use is incredibly common in the bay area, the chargers are
sold openly in headshops with no illusions about what they're for.
These headshops are arguably committing a misdemeanor by selling N2O
for the purpose of consumption and it's obvious that the cops don't
care.

Recreational consumption of Nitrous does not violate any federal law,
unlike nearly every other illegal drug. Therefore, a lot of the side
effects of being caught with a drug do not apply, for example:
- You do not lose eligibility for financial aid if you are caught with nitrous.
- Noisebridge (or any other space) cannot be prosecuted under federal
laws such as the RAVE act or "crackhouse laws" which punish owners or
lessees of spaces where drug use occurs.
- Basically, the federal government doesn't care if you do N2O. The
FDA does care if you sell it for recreational purposes but you have to
fuck up pretty bad to get on their radar.

Use or possession with intent to use in California is a misdemeanor,
however, it is regulated under a separate law from other drugs and
therefore not subject to any of California's auxilliary drug laws. In
particular:
- No extra penalties for possession/use near a school or park
- No asset forfeiture of any kind
- Penalties for distribution are the same as simple possession or use
- Nitrous crackers are not drug paraphernalia
- "Loitering for drug activity" law is not applicable
- "Crackhouse laws" are not applicable at the state or local level

Etc. Basically, although nitrous use is illegal, nitrous is not an
"illegal drug" as far as the law is concerned.

legal facts aside, here are some pragmatic ones:

Mere possession of nitrous is not illegal, so in order for cops to
fuck with you they have to have proof that you consumed it or intend
to consume it. Since it's only a misdemeanor and busting nitrous users
doesn't score them any points, the cops never bother. However the
police ARE aware that Nitrous is often used in combination with LSD
and Ecstasy and will use it as a reason to search you.

Anecdotal evidence, but I have *never* heard of *anyone* *ever*
getting in trouble with the law for using Nitrous in san francisco.
I've even seen tanks out and balloons being passed around at street
fairs, rather openly.

California has a department of alcoholic beverage control, which
spends a LOT of its time busting people for serving without IDs,
selling alcohol without a liquor license, etc. There is no
corresponding organization for N2O (or any other illegal drug for that
matter). So YES, it IS much easier to get busted for Alcohol than
other drugs!

Nitrous is a huge part of both the rave and jam band scenes, to which
a large section of SF's adult population belonged at one point or
another.


** Essentially, N2O is de facto legal in San Francisco, because the
SFPD never busts people for it, there is no effort to enforce on the
state level, and it is not federally illegal. It is also very popular
and socially acceptable **


On the harm tip: N2O is one of the least harmful drugs out there.
Significantly less harmful than Alcohol. Almost as harmless as weed.
The biggest worries are falling down and asphyxiating (neither of
which are direct consequences of the drug itself).

I cannot think of a single reason to object to N2O use and not also
object to Alcohol use besides N2O's technical illegality.

So is something being technically illegal enough of a reason to ban it
from the space, even if the law is rarely if ever enforced? I'm sure
many activities at NB fall into this category.

Love,
Finny