Question to the Home Office:

To ask the Secretary of State for the Home Department, what steps her Department is taking to improve enforcement against (a) people and (b) businesses supplying nitrous oxide unlawfully.

Nitrous oxide has been controlled as a Class C drug under the Misuse of Drugs Act 1971 since 2023. It is an offence to produce, supply, possess or import nitrous oxide, regardless of canister size, except for activities explicitly exempt under the 1971 Act.

Under the 1971 Act, nitrous oxide carries penalties of up to two years’ imprisonment for illicit possession and up to 14 years for illicit supply. Exemptions for legitimate use are applicable where there is no intention of wrongful inhalation. The police and other law enforcement agencies are operationally independent, but we expect them to prioritise resources towards tackling crime, including drug related crime.

The Government also works to reduce harm through public information campaigns, including the 'Talk to FRANK' website. The Home Office works closely with the Department of Health and Social Care ('DHSC') to promote awareness. DHSC have worked with the PSHE Association to develop lesson plans on drugs, alcohol and tobacco which include specific references to the dangers of nitrous oxide. Data shows that recreational use of nitrous oxide among 16 to 24‑year‑olds has fallen to its lowest level since records began.

Online sale of illegal drugs is further addressed through the Online Safety Act 2023. Under the 2023 Act, Ofcom can audit systems, require remedial action, and impose strong penalties on companies who fail to address criminality on their platforms - including fines of up to £18m or 10% of global turnover.