Possession of 'laughing gas' to be illegal from next month
People caught misusing it could face a prison sentence
Possession of nitrous oxide, or laughing gas, will be illegal from next month under new rules from the Government.
The ban comes in from the 8th November 2023 and could see repeat serious users facing up to two years in prison, with dealers maximum sentences doubling from seven to 14 years.
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.
"Both users and dealers will face the full force of the law for their actions.”
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.”
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.”
Legitimate use of nitrous oxide
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.
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.
Bauer News Investigation
Earlier this year we took a look at the impacts of using nitrous oxide on people's health and the communities its used in.
You can see more about what we found here.