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If you get charged for possession of nitrous oxide what are the chances of getting jail time?

Whittier, CA |

I got pulled over with a nitrous oxide tank in the back seat with balloons. What conciquences am I facing?

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Attorney answers 3


See CA PC 381b which makes possession of nitrous oxide with intent to inhale a misdemeanor. That could mean a maximum sentence of a year in county jail. It is possible you will be offered some form of diversion or a drug program. It is not likely that you will receive the maximum sentence.


It is a misdemeanor. I believe it is a one year county jail sentence as a maximum. You likely have a pretty good defense to this charge if you had a legitimate purpose. Give me a call to discuss this case.

Seth Weinstein, Esq.
Practicing throughout Southern California
(310) 707-7131

This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient factual/legal documentation to give a complete answer to your question and there may be more to the issues you raised then I have set out in my brief reply.


I agree with the first lawyer. Of course if you have priors or other arrests its possible the DA may come at you with jail time. By itself its a straight misdemeanor. Also, it helps to know if you are in LA County. If you are worried about jail time, if you are in LA County your chances are slim. If you would like a more detailed consult we do a free one hour phone consult.

Brian Michaels