Nitrous Oxide illegal from today

'Laughing gas' cannisters have become much more common in recent years

Nitrous Oxide cannisters (NOS)
Published 8th Nov 2023
Last updated 8th Nov 2023

Possession of nitrous oxide, also known as ‘laughing gas’, has formally been made illegal, from today, with users facing up to two years in prison, under a zero-tolerance approach to anti-social behaviour.

The ban was promised as part of the government’s Anti-Social Behaviour Action Plan, with the Home Secretary urging police forces to get tougher on flagrant drug taking in the streets, which blights communities.

Nitrous oxide is the third most used drug among 16 to 24-year-olds in England and police have reported links to anti-social behaviour – intimidating gatherings on high streets and in children’s parks, and empty canisters strewn across public spaces. 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.

Those found in unlawful possession of the drug could face up to two years in prison or an unlimited fine, and up to 14 years for supply or production. There will be exemptions for legitimate uses of nitrous oxide, for example in medical or catering industries.

Nitrous is often put into a balloon before being inhaled

Home Secretary Suella Braverman said:

"The British people are fed up with yobs abusing drugs in public spaces and leaving behind a disgraceful mess for others to clean up.

"Earlier this year the Prime Minister and I promised a zero-tolerance approach to antisocial behaviour and that is what we are delivering. If you are caught using ‘laughing gas’ as a drug, you could be hit with a hefty fine or face jail time.

"New schemes are already underway to increase police patrols in hotspot areas of antisocial behaviour and dish out punishments for perpetrators more quickly, and police will soon be able to drug test people arrested for a wider range of illegal drugs."

Crime and Policing Minister Chris Philp said:

"We cannot allow young people to think there are no consequences to misusing drugs.

"There is no question that abusing laughing gas is dangerous to people’s health and it is paramount we take decisive action before the situation gets worse.

"Not only are we making possession an offence for the first time, we are also doubling the maximum sentence for supply to 14 years, so the dealers profiting off this trade have no place to hide."

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