Question to the Home Office:

To ask the Secretary of State for the Home Department, whether she plans to take steps to (a) regulate the use and (b) prevent substance abuse of nitrous oxide.

The Government is concerned about the harms of nitrous oxide to those, often young people, who misuse this drug.

It is already an offence under the Psychoactive Substances Act 2016 to import, export, produce, supply, offer to supply, or possess with intent to supply, nitrous oxide. For the offence to be made out, the defendant must intend to consume the substance, or know or be reckless as to whether it will be consumed by another person, for its psychoactive effect.

These offences carry a maximum sentence of seven years’ imprisonment, or a fine, or both. It is also an offence to possess nitrous oxide in a custodial institution, for which the maximum sentence is two years’ imprisonment, or a fine, or both. Medicinal products are exempted from these controls.

In September 2021 the former Home Secretary requested the Advisory Council on the Misuse of Drugs (ACMD) conduct an updated harms assessment of Nitrous Oxide and consider whether it should be considered for control under the Misuse of Drugs Act 1971. Once the ACMD publish their advice, we will consider their recommendations closely and respond in due course.