Nitrous oxide to be illegal from November

• People who repeatedly misuse nitrous oxide could face up to 2 years in prison whilst the maximum punishment for dealing has doubled to 14 years
• New law forms part of government’s zero-tolerance response to anti-social behaviour and drug taking in public spaces
• Legal exemption will be in place for legitimate use in healthcare and by businesses and organisations in both the public and private sectors

Possession of nitrous oxide, also known as ‘laughing gas’, will be illegal from 8 November 2023, with repeat serious users facing up to two years in prison and dealers up to 14 years, as the government delivers on its zero-tolerance approach to anti-social 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 an unlimited fine, a visible community punishment, a caution – which would appear on their criminal record – and for repeat serious offenders, a prison sentence.

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 anti-social 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:

“We are delivering on the promise we made to take a zero-tolerance approach towards antisocial behaviour and flagrant drug taking in our public spaces.

“Abuse of nitrous oxide is also dangerous to people’s health and today we are sending a clear signal to young people that there are consequences for misusing drugs. Both users and dealers will face the full force of the law for their actions.”     

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 seven 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:

“At Neighbourhood Watch, we support the Government’s ban on nitrous oxide under new legislation from the 8th of November.

“As consumption of nitrous oxide has increased over the years, there has been a connected increase in reports of anti-social behaviour, including the littering of nitrous oxide canisters. For communities across the country, the banning of the substance under new legislation will be a positive move towards tackling anti-social behaviour, and making local communities a better and safer place to live.

“Once the legislation has come into effect, we encourage members of the public to report any illegal consumption of nitrous oxide or other drugs to their local police.”

CEO of Night-time Industries Association Michael Kill said:

“We welcome the announcement by the Government today that nitrous oxide is set to be banned under new government legislation by the 8th of November, but recognise that this must work hand in hand with a much broader education and harm reduction strategy on drugs across the country.

“The burden on businesses has been substantial, as they've contended with mounting pressure from authorities and residents due to the proliferation of discarded silver canisters on the streets.

“This predicament has not only posed risks to the well-being of both staff and patrons but has also fostered an environment conducive to petty crime, anti-social behaviour, and the activities of organised crime syndicates.”

ENDS

Notes to editors:

• These regulations amend the Misuse of Drugs Regulations 2001 to control nitrous oxide as a Schedule 5 drug under the 2001 Regulations and make provisions for lawful access for legitimate purposes, including medical use.
• They exclude nitrous oxide from the general wholesale permissions to import, export and possess Schedule 5 controlled drugs and instead create a tailored solution by which only certain activities are exempted.
• They create a bespoke exemption from the prohibition on importation and exportation, production, supply and possession of nitrous oxide where a person does not intend to wrongfully inhale the substance and/or, in the cases of importation, exportation, production and supply, does not know or is not reckless as to whether it is likely that another person will wrongfully inhale it. 
• The legislation defines ‘wrongful inhalation’ as an inhalation by a person which is not for medical or dental purpose, for example the recreational use of nitrous oxide for its psychoactive effect, or which is nitrous oxide which has been released into the atmosphere, for example in factories as part of manufacturing processes.
• The controls will take effect from the 8 November 2023.
• Nitrous oxide is the third most used drug among 16 to 24-year-olds in England and heavy regular use of nitrous oxide can also lead to a deficiency of vitamin B12, a form of anaemia and in more severe cases, nerve damage or paralysis.
• Users are urged to get the facts about the harms of nitrous oxide which can be found on the FRANKwebsite.
• Users can also get help to stop by speaking to their GP or calling NHS 111. The government's drug strategy from Harm to Hope published in December 2021 aims to achieve stigma free treatment, providing the full positive impact of treatment services for those seeking help.