Stop nitrous oxide (N2O / laughing gas) abuse in our communities.

Used in catering, N2O is available cheaply, easily and without any control or restriction.

We are asking the Government to investigate better controls of its sale/access, educate the public on the dangers of N2O abuse and make it an offence to inhale nitrous oxide for recreational purposes.

Supply of nitrous oxide for recreational purposes is technically illegal under the Psychoactive Substances Act 2016. This means anyone found to be selling or giving away nitrous oxide for illicit purposes could face up to 7 years in prison and or an unlimited fine.

However, it is widely available from catering suppliers, online retailers and other outlets without any restriction or control. It is also very cheap and a drug that has limited public exposure and educational awareness.

There are legitimate uses for nitrous oxide, such as in medicine, dentistry and as a propellant for whipped cream canisters. However, there are offences, with limited exemptions, in the Psychoactive Substances Act 2016 (the 2016 Act) relating to the supply and possession with the intent to supply nitrous oxide. Those convicted of either of these offences may be subject to a maximum sentence of seven years’ imprisonment, or a fine or both. There were 152 convictions for offences under the 2016 Act in England and Wales in 2017, 107 convictions in 2018 and 52 convictions in 2019. These included convictions related to nitrous oxide.

When the 2016 Act was introduced the Government published guidance for retailers to satisfy themselves that they comply with the law. This is available on the GOV.UK website and remains relevant to support retailers today. The guidance recommends that retailers, including those operating online, should pay particular attention to the potential for abuse of nitrous oxide, especially where customers seek to buy in bulk or large volumes.

In the Queen’s Speech on 19 December 2019, the Government committed to develop legislation to improve internet safety for all. This will build on the proposals in last year’s Online Harms White Paper, which set out the Government’s plans for world-leading legislation to make the UK the safest place in the world to be online. Illegal and harmful activity online such as the supply of psychoactive substances for their psychoactive effect will fall within the scope of the planned legislation. The Government intends to establish in law a new duty of care on companies towards their users, overseen by an independent regulator. The duty of care will ensure companies have appropriate systems in place to deal with harmful content on their internet services and keep users safe. On 12 February the Government published an initial response to the Online Harms White Paper consultation. A full Government response is being worked on, which will include more detailed proposals on online harms regulation. Following this, the Government will introduce Online Harms legislation when parliamentary time allows.