Possession of nitrous oxide, popularly known as ‘laughing gas’, will become illegal from 8 November 2023, according to an announcement by the Home Office and government officials. This move is part of the government’s Anti-Social Behaviour Action Plan and reflects its zero-tolerance approach towards antisocial behavior.

Under the new legislation, nitrous oxide will be classified as a controlled Class C drug within the Misuse of Drugs Act 1971. Repeat serious users of the substance could face up to 2 years in prison, while dealers could be sentenced to up to 14 years.

The ban specifically targets individuals who possess nitrous oxide with the intent to inhale it for recreational purposes. Consequences for offenders may include an unlimited fine, a visible community punishment, a caution that would appear on their criminal record, or even a prison sentence for repeat serious offenders.

The decision to ban nitrous oxide comes after concerns were raised about its association with antisocial behavior. Reports have linked the use of the gas to intimidating gatherings in public spaces, leaving empty canisters scattered around high streets and children’s parks. Moreover, heavy and regular abuse of the drug poses significant health risks, including anaemia and, in severe cases, nerve damage or paralysis. Nitrous oxide has also been identified as a potential cause of fatal accidents due to drug driving incidents.

Crime and Policing Minister Chris Philp emphasised the government’s commitment to cracking down on antisocial behavior and drug misuse. He stated that the ban intends to send a clear message to young people about the consequences of misusing drugs. Both users and dealers will face the full force of the law for their actions.

However, it is important to note that there are still legitimate uses for nitrous oxide, and individuals with a valid reason for possessing the substance will be exempt from the ban. For instance, it will remain lawful for catering purposes and in maternity wards for pain relief during labor.

To ensure compliance with the law, individual users will need to demonstrate that they are lawfully in possession of nitrous oxide and do not intend to consume it for psychoactive effects. While licenses will not be required to carry nitrous oxide, legitimate producers and suppliers are responsible for ensuring that their products are not being purchased for misuse.

The maximum sentence for production, supply, importation, or exportation of nitrous oxide for unlawful purposes has been doubled from 7 to 14 years’ imprisonment. It is crucial for legitimate producers and suppliers to avoid turning a blind eye to potential misuse, as this would be considered an offense.

The ban has received support from various organisations. CEO of Neighbourhood Watch, John Hayward-Cripps, commended the government’s decision, highlighting the increase in antisocial behavior and littering of nitrous oxide canisters in communities. He believes that the ban will contribute to making local communities safer.

CEO of the Night-time Industries Association, Michael Kill, also welcomed the ban on nitrous oxide. He acknowledged that while it is a positive step, it should be accompanied by a comprehensive education and harm reduction strategy on drugs across the country. Kill emphasised the burden faced by businesses due to discarded canisters, which not only posed risks to staff and patrons but also facilitated petty crime, antisocial behavior, and organised crime activities.

Once the legislation comes into effect, members of the public are encouraged to report any illegal consumption of nitrous oxide or other drugs to their local police.

In conclusion, the upcoming ban on nitrous oxide aims to address concerns regarding antisocial behavior, health risks, and drug misuse. By making the possession of the substance illegal, the government aims to send a strong message about the consequences of such actions. However, exemptions will be in place for legitimate uses, and businesses and the public are encouraged to report any illegal consumption to the authorities.