Local 5 investigation into nitrous oxide leads Green Bay common council to consider ban of dangerous substance

GREEN BAY, Wis. (WFRV) – A Local 5 News investigation last month on the dangers of nitrous oxide caught the eye of Green Bay alderperson Melinda Eck of District 11, and she decided to take action.

“I became very concerned, and thought we need to do something to stop this,” she said. “I saw it as a public safety issue, so I really wanted to do something to help prohibit the sale of it.”

She is co-sponsoring an ordinance to ban the non-commercial sale of the substance in Green Bay, where Local 5 News has identified many smoke shops selling it, in addition to shops in the Fox Valley. Currently, there are no regulations preventing the sale of nitrous oxide in Green Bay.

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Eck brought forward a motion at Monday evening’s protection and policy committee meeting, hopeful that the matter could be voted on by the common council and an ordinance could be drafted by the city’s legal entities.

“They could write an ordinance that would prohibit the sale of nitrous oxide cartridges other than commercial use,” Eck said. “It’s a loophole. Just because you write on [packaging] or you put a sign that’s saying for commercial use only or for culinary purposes only, you don’t get off the hook.”

The committee unanimously voted 4-0 to send the matter to the common council to be voted upon next Tuesday, May 7 at 6 p.m.

“The meeting today went as I had hoped,” Green Bay alderperson Jim Hutchison of District 2 said. “I think common council will be united in the effort to minimize the access of it by individuals.”

The whole process will likely take at least a couple of months, but Eck says that city leaders are largely in support of the effort.

“It could be months before it comes back to the council,” she said. “I did reach out to Chief Davis from the Green Bay Police Department, and he’s in full support of us writing this ordinance.”

Daifallah Ahmed, the owner of Dave’z Smoke N Vape in Green Bay, insists that he only sells to customers using the substance for culinary purposes, such as the application of whipping cream.

“It’s here for the people that want to use it for food purposes,” Ahmed said. “There are people out there that really do use them for food purposes, not the high point of them, but I guess one ruins it for all.”

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He says a ban will hurt his customers, but he will get by without selling the chemical.

“People do use it for food purposes and people do need it for food purposes,” Ahmed said. “If they do [ban it], it’s not something I’m going to have to break my back for over.”

Adam Brouchoud, the co-owner of the drug recovery house Serenity House of Green Bay, differs on that point.

“Putting something like nitrous oxide inside a smoke shop, what does the smoke shop think they’re trying to do?” he said. “What baker is going to a head shop?”

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