As anticipated Nitrous Oxide was reclassified as a Class C Drug as per the Misuse of Drugs Act 1971 as from 8th November, 2023.

Prior to 8 November 2023 , Nitrous Oxide was subject to the Psychoactive Substances Act 2016. It is already illegal to produce, supply, import or export nitrous oxide where a person knows, or is reckless as to whether, it will be consumed for its psychoactive effects. However, it had not been an offence to possess nitrous oxide (except in a custodial setting).

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.

For clarity the wording “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.

The penalties that could be imposed:

• 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.

Heavy Nitrous Oxide use can result in serious health harms such as neurological damage and even death due to the risk of falling unconscious and/or suffocating from the lack of oxygen.

Nitrous Oxide when inhaled basically ‘starves the brain of Oxygen’ leaving the user a ‘little light headed’. The sensation is only short lived ( a couple of seconds) which is why in some cases the users inhale (mainly from balloons filled with Nitrous Oxide) too quickly and frequently (chasing the sensation) resulting in the brain being starved frequently of Oxygen resulting in users ‘fainting, collapsing and inn some extreme cases triggering heart attacks and epileptic attacks. There have been deaths from Nitrous Oxide (the Office for National Statistics (ONS) quote 56 deaths recorded between 2001-2020.