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Nitrous Oxide is an illegal Class C drug in accordance with the Misuse of Drugs Act 1971

The possession of Nitrous Oxide is now illegal following changes to the law made in 2023.

The law prohibits production, supply and exportation of the drug. This would result in a 14-year prison sentence.

Other consequences of breaking the law include unlimited fines and community punishment.

You will also get a criminal record.

The Advisory Council in the Misuse of Drugs (ACMD) published a report in 2023, entailing their recommendations regarding how the UK Government should respond to the increasing prevalence of Nitrous Oxide use and its associated harms.

The ACMD highlighted that classifying Nitrous Oxide under the Misuse of Drugs Act 1971 would be disproportionate for the level of harm associated with the drug and could have significant unintended consequences.

A number of their recommendations are highlighted below:

• The Government should collaborate with industry partners and retailers to gain a clearer understanding of the supply chain, identify potential vulnerabilities, and raise awareness among major retailers about the illicit market. This would help spot key signs of misuse, such as bulk purchases and the combined sale of “crackers.”
• Local councils should consider tackling anti-social behaviour, including littering related to N2O use, through the implementation of local court orders.
• NHS Trusts and related medical facilities must be fully informed about the issue of the misuse of medical gas cylinders to ensure better oversight and prevention.
• It’s also crucial to avoid using scare tactics in efforts to reduce or deter use, as this approach may not be effective in the long run.