Possession of nitrous oxide is now illegal

·       People who repeatedly misuse nitrous oxide could face up to 2 years in prison

·       Maximum punishment for dealing doubled to 14 years

·       Legal exemption will be in place for legitimate use

From today possession of nitrous oxide, also known as ‘laughing gas’, is illegal 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, makes nitrous oxide a Class C drug controlled under the Misuse of Drugs Act 1971. This means possession of nitrous oxide, where a person intends to wrongfully inhale it for a psychoactive effect – is now 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 tougher 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.  This summer it was reported that there were 13 tonnes canisters of nitrous oxide collected after the Notting Hill carnival. 

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: 

“Today we are sending a clear signal to people, especially young people, that not only is abuse of nitrous oxide dangerous to their health, but it is also illegal and those caught possessing it will face consequences.   

“For too long the use of this drug in public spaces has contributed to anti-social behaviour which is a blight on communities. We will not accept it. This law gives the police the powers they need to take a zero-tolerance approach to this crime.” 

There are still many necessary uses for nitrous oxide in healthcare and other industries, 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, as well as for other activities such as use in industry, dentistry, or model rocketry.  

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 wrongfully inhale it. 

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 for wrongful inhalation, with no legitimate reason. Turning a blind eye will also be committing an offence. 

If people are concerned about nitrous oxide use in their local area such as in parks and playgrounds they can report this anti-social behaviour to their local neighbourhood policing team, the police or Crimestoppers.  

CEO of Neighbourhood Watch John Hayward-Cripps said: 

“At Neighbourhood Watch, we support the Government’s ban on nitrous oxide. 

“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, this change in the law will be a positive move towards tackling anti-social behaviour and making local communities a better and safer place to live. 

“We encourage members of the public to report any illegal consumption of nitrous oxide or other drugs to their local police force.” 

 CEO of Night-time Industries Association Michael Kill said: 

“We welcome this ban 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:  

• We have updated the law to make possession of nitrous oxide illegal if it is, or is likely to be, wrongfully inhaled, by classifying it as a Class C drug under the Misuse of Drugs Act 1971. 
• It will be a criminal offence to be found in possession of the drug where its intended use is to be wrongfully inhaled, ‘to get high’.  
• Where a person is found in possession of nitrous oxide and intends to wrongfully inhale the substance and/or in the cases of importation, exportation, production and supply, knows or is reckless as to whether it is likely that another person will wrongfully inhale it, they will be committing an offence.  
• “Wrongful inhalation” means inhalation other than for medical or dental purposes, and which is not accidental inhalation of nitrous oxide which has been released into the atmosphere (such as in industrial processes).   
• Medical, dental and veterinary administration of nitrous oxide (which may involve inhalation) will therefore continue to be lawful, as will other activities such as use in industry or model rocketry.  
• There is a requirement on importers, exporters, producers and suppliers to take appropriate steps to not be reckless, to ensure that subsequent users will not inhale the substance wrongfully.  
• 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 FRANK website. 
• Users can also get help to stop by speaking to their GP or calling NHS 111.  
• People can report antisocial behaviour by contacting their local neighbourhood policing team via https://www.police.uk/  or call 101 to contact the police and report a crime that is not an emergency.