As Nitrous Oxide is Now A Class C Drug, it will now be a criminal offence to be found in possession of the drug where its intended use is to be wrongfully inhaled, ‘to get high’. 

What is Nitrous Oxide?

Nitrous oxide, commonly known as laughing gas, is a colourless and odourless gas with the chemical formula N2O. It’s often used in medical and dental settings as a mild anaesthetic and analgesic.

In recreational contexts, nitrous oxide is sometimes inhaled for its euphoric and dissociative effects. However, the non-medical use of nitrous oxide can be dangerous, leading to oxygen deprivation and other health risks.

Changes made to the law

Since November 8th 2023, Nitros Oxide has been classified as a Class C drug, rendering it unlawful to possess, distribute, or trade. Holding the substance could lead to a maximum penalty of 2 years incarceration, an unlimited fine, or both.

Sharing it with others, even friends carries the potential for a 14-year prison sentence, an unlimited fine, or both.

Why changes have been made?

Concerns regarding the misuse of nitrous oxide and its societal impact are not unfounded.

Excessive use of nitrous oxide poses severe health risks, including the potential for neurological damage and even fatalities. The risk of unconsciousness and suffocation due to oxygen deprivation during heavy use is a critical concern.

Beyond individual health consequences, the associated antisocial behaviour amplifies the harm to communities and the environment. Instances of group gatherings in public spaces, such as children’s parks or high streets, to abuse the drug, contributes to a broader societal impact. The aftermath of these gatherings often includes the littering of discarded canisters, adding to environmental concerns. Additionally, there have been reported deaths linked to incidents of drug driving involving nitrous oxide.

Disturbingly, statistics from 2020/21 reveal that nitrous oxide ranked as the third most commonly used drug among individuals aged 16 to 59 in England and Wales, as reported by NHS Digital.

An Office for National Statistics (ONS) report further indicates that this translates to approximately 230,000 young people who inhaled this harmful substance in England and Wales in the year ending June 2022. This alarming figure underscores the urgent need for awareness, prevention, and intervention measures to address the growing concern surrounding nitrous oxide misuse.

For further information on Nitrous Oxide and the change of Law visit GOV.UK and Talk To Frank.

If you find yourself needing professional legal help get in contact with a member of the Garrick Law team by visiting our contact page.