Question to the Home Office:

To ask the Secretary of State for the Home Department, whether she has considered the potential merits of upgrading nitrous oxide to a higher drug class; and whether she has made an assessment of the potential merits of introducing tougher penalties for the supply and use of nitrous oxide, particularly in cases where individuals drive under its influence.

Nitrous oxide was controlled in November 2023 as a Class C drug under the Misuse of Drugs Act 1971 (“the 1971 Act”). Illicit supply can lead to up to 14 years’ imprisonment and possession up to two years’ imprisonment. The Government will continue to keep the measures related to nitrous oxide under the 1971 Act under review, but there are currently no plans to change its classification.

Data from the Crime Survey for England and Wales suggests that the use of nitrous oxide decreased among those aged 16 to 59 from 0.9% in the year ending March 2024 to 0.5% in the year ending March 2025. This is equivalent to a reduction from an estimated 311,000 users to 151,000.

Under section 4 of the Road Traffic Act 1988, a person commits an offence if their ability to drive is impaired by drugs, including nitrous oxide. A person convicted of driving or attempting to drive while impaired can face up to six months' imprisonment, an unlimited fine, and a driving disqualification of at least 12 months.

There are no specific proposals to increase these penalties. The Department for Transport has consulted on possible changes to the motoring offences framework, including drink and drug driving penalties and enforcement. The consultation has now closed and responses are being considered.