Laughing gas to become ‘illegal’ class C substance in UK

The Home Office announced its plan to ban nitrous oxide earlier this year​​ as part of a policy to tackle antisocial behaviour, but has now set out more details of the implementation of the law change. 

The move coincides with the publication of a consultation that sought the views of various industries including the hospitality sector. Nitrous oxide has an application in a number of culinary processes including making espumas (foams) and cocktails.  

The consultation will be used to inform Government policy. Most respondents have backed a relatively soft-touch approach that would “exempt the import, export, possession, production and supply of nitrous oxide from the offences under the Misuse of Drugs Act 1971 where this is for legitimate purposes”.

This would mean that neither the end user or the supplier would need to hold a licence, which was a concern for the industry as it would have carried a time, cost and administrative burden.   

If the Government chooses to go down this route it is understood that there will be little change to the way in which hospitality businesses procure the substance for legitimate use. 

In the consultation outcome document, Minister of State for Crime Chris Philp acknowledged that there are “legitimate uses for nitrous oxide in many sectors, including medical, industrial and catering”. 

“We intend to ensure that those wishing to use nitrous oxide for legitimate purposes can continue to do so lawfully and without undue burdens,” he said. 

No time scale has been given for further updates. 

Those found in ‘unlawful possession’ of the drug could face up to two years in prison or an unlimited fine, with up to 14 years for supply or production.