Possession of nitrous oxide, also known as ‘laughing gas’, will be illegal from 8 November 2023
Repeat serious users of nitrous oxide could face up to 2 years in prison and dealers up to 14 years, as the government delivers on its zero-tolerance approach to antisocial behaviour.
The ban, promised as part of the government’s Anti-Social Behaviour Action Plan, will make nitrous oxide a controlled Class C drug under the Misuse of Drugs Act 1971.
Secondary legislation due to be laid today will mean possession of nitrous oxide, where a person intends to wrongfully inhale it – for example ‘to get high’ – will be an offence.
Consequences could include:
Earlier this year, the Home Secretary urged police forces to get tough on flagrant drug taking in local communities, with reports linking nitrous oxide to antisocial behaviour such as intimidating gatherings on high streets and in children’s parks, often leaving empty canisters scattered across public spaces.
Heavy, regular abuse of the drug also poses significant health risks for users including anaemia and in more severe cases, nerve damage or paralysis. It has been identified as having potentially fatal consequences on the UK’s roads from incidents of drug driving.
Crime and Policing Minister Chris Philp said:
There are still many necessary uses for nitrous oxide and those with a legitimate reason for possessing the substance will be exempt from the ban. For example, it will continue to be lawful for catering purposes and in maternity wards when used as pain relief during labour.
Licences will not be required to carry nitrous oxide, but individual users will need to demonstrate they are lawfully in possession of nitrous oxide and not intending to consume it for psychoactive effects.
The maximum sentence for production, supply importation or exportation of the drug for unlawful purposes has now doubled, from 7 to 14 years’ imprisonment.
As is already the case, there is also a responsibility on legitimate producers and suppliers of nitrous oxide to not be reckless as to whether someone is buying their product to misuse, with no legitimate reason. Turning a blind eye will be committing an offence.
CEO of Neighbourhood Watch John Hayward-Cripps said:
CEO of Night-time Industries Association Michael Kill said: