The possession of nitrous oxide, also known as laughing gas, has become a criminal offence in the UK
The law changes today to make the possession of nitrous oxide illegal from 8 November 2023 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 and placing it in Schedule 5 to the Misuse of Drugs Regulations 2001. Guidance on the changes has been published by the Home Office.
“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 recreationally.
From 8 November, those found in unlawful possession will face either an unlimited fine, a visible community punishment or a caution - which would appear on their criminal record. Repeat serious offenders may face a prison sentence of up to two years, an unlimited fine, or both.
The penalty for supply or production will double, to up to 14 years in prison, an unlimited fine, or both.
The Home Office has produced guidance to explain the changes to the law, including what it means for legitimate users of nitrous oxide and how to ensure compliance with the new legislation Nitrous oxide: legitimate uses and appropriate controls - GOV.UK (www.gov.uk)
