Question to the Home Office:

To ask the Secretary of State for the Home Department, what steps her Department is taking to support (a) local authorities and (b) police forces in tackling the misuse of nitrous oxide in public places and the associated littering of discarded canisters.

The Government is aware of concerns about nitrous oxide misuse in public places and littering of discarded canisters, which places a burden on communities and local authorities.

Nitrous oxide has been controlled as a Class C drug under the Misuse of Drugs Act 1971 since 2023. 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.

Local authorities are responsible for clearing litter from public and have powers to prosecute littering offenders or issue fixed penalty notices. Littering is a criminal offence punishable by a fine of up to £2,500 on conviction, or a fixed penalty of up to £500.

Additionally, the Government is increasing funding for waste crime enforcement and continues to work with police, councils and partners to discourage misuse, support enforcement and reduce associated environmental harm.