Nitrous Oxide

Nitrous Oxide was controlled in November 2023 as a Class C drug under the Misuse of Drugs Act 1971. Under the 1971 Act, it is an offence to produce, supply, offer to supply, possess, possess with intent to supply, import and export nitrous oxide. Nitrous oxide carries penalties of up to two years’ imprisonment for illicit possession and up to 14 years’ imprisonment for illicit supply.

Enforcement activity on nitrous oxide has increased. In the year ending March 2025, Police and Border Force made 6,223 seizures of nitrous oxide in England and Wales, the highest number recorded since the time series began in year ending March 2018.

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. Police have powers to act where impairment is suspected.

The Online Safety Act requires platforms to assess and mitigate risks relating to illegal content, including the unlawful sale of controlled drugs such as nitrous oxide, with Ofcom holding strong enforcement powers.

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% the previous year to 0.5% in the year ending March 2025. This is equivalent to a reduction from an estimated 311,000 users to 151,000.

The Government will continue to keep the legislation under review; however, there are currently no plans to introduce further regulation of the sale of nitrous oxide canisters.