Law on legal highs.

The law banning legal highs in the UK.

Nitrous oxide, often referred to as laughing gas, is now a Class C controlled drug in the UK. It is illegal to possess, produce, supply, import or export nitrous oxide for recreational use or other unlawful purposes.

The law changed on 8 November 2023, when nitrous oxide became controlled under the Misuse of Drugs Act 1971. This replaced the previous position under the Psychoactive Substances Act 2016, where supply was generally illegal but simple possession was not usually a criminal offence unless linked to supply or another offence.

Why the Law Changed

Nitrous oxide had become one of the most commonly used recreational substances among young people. Concerns were raised about health risks, anti-social behaviour, litter from discarded canisters, driving risks and the difficulty of enforcing the previous legal framework.

The government decided to bring nitrous oxide within the controlled drugs regime. This means the law now treats unlawful possession and supply more seriously than before.

Possession of Nitrous Oxide

Possession of nitrous oxide is now illegal where it is held for wrongful inhalation or other unlawful use. A person found with nitrous oxide in circumstances suggesting recreational use may face police action.

Possible outcomes may include a warning, caution, community resolution, charge or prosecution, depending on the facts. Repeat or serious possession can be treated more severely.

Potential Penalties

Unlawful possession of a Class C drug can lead to a criminal record, an unlimited fine and, in more serious cases, imprisonment. Government guidance has stated that repeat serious users may face up to two years in prison.

The actual outcome will depend on the amount involved, previous history, circumstances of possession, whether there was anti-social behaviour, and whether there is any evidence of supply.

Supply and Possession with Intent to Supply

Supply of nitrous oxide is treated much more seriously than simple possession. A person does not need to sell nitrous oxide for profit to be accused of supplying. Giving it to friends, sharing canisters, arranging delivery or holding quantities for others may all create legal risk.

Possession with intent to supply may be alleged where there are multiple canisters, large cylinders, packaging, messages, cash, delivery arrangements or other evidence suggesting onward distribution.

Maximum Sentence for Supply

The maximum sentence for supplying or producing nitrous oxide unlawfully is up to 14 years in prison, an unlimited fine, or both. This brings the offence into line with other serious Class C drug supply offences.

Lawful Uses of Nitrous Oxide

Nitrous oxide still has legitimate uses. It is used in medicine and dentistry, including pain relief and anaesthesia. It is also used in some industrial and catering contexts, including as a propellant for whipped cream dispensers.

Lawful possession or use will depend on the purpose and circumstances. A business, healthcare provider or individual using nitrous oxide for a legitimate purpose should keep proper records and avoid supply or use that could suggest recreational inhalation.

Catering and Commercial Use

Businesses using nitrous oxide for catering should ensure that it is purchased, stored and used for legitimate purposes. Selling or supplying nitrous oxide where there is reason to believe it will be inhaled recreationally may create criminal liability.

Retailers and suppliers should have controls in place to reduce the risk of unlawful supply, particularly where sales involve large quantities, unusual purchasing patterns or young customers.

Driving After Using Nitrous Oxide

Driving after inhaling nitrous oxide can be extremely dangerous. It can affect coordination, awareness, reaction time and judgment. A driver who is impaired by nitrous oxide may face prosecution for driving while unfit through drugs.

A conviction for drug driving can lead to a minimum 12-month driving ban, a criminal record, a fine and, in more serious cases, imprisonment. It may also affect insurance and employment where driving is required.

Health and Safety Risks

Nitrous oxide can cause serious health problems, particularly where used heavily or repeatedly. Risks may include loss of consciousness, injury from falls, oxygen deprivation, nerve damage, vitamin B12-related problems and other neurological effects.

Large cylinders and canisters can also create safety risks if misused, stored badly or used in confined spaces. The legal risks are therefore separate from, and additional to, the health risks.

Young People and Festivals

Nitrous oxide has often been associated with parties, festivals and public events. Police may take action where nitrous oxide is found at events, in vehicles, in public places or in quantities suggesting supply.

Young people may not appreciate that the law has changed. Possession that might previously have been treated differently can now lead to a controlled drugs offence. Parents, schools, universities, event organisers and employers may need to take the issue seriously.

Old Cases and the Previous Legal Position

Earlier cases involving nitrous oxide exposed difficulties under the Psychoactive Substances Act 2016, particularly where defendants argued that nitrous oxide fell within exemptions for medicinal products. That historic uncertainty has now largely been overtaken by the 2023 change in the law.

The current position is clearer: nitrous oxide is a Class C controlled drug unless the possession, supply or use falls within a legitimate lawful purpose.

When Legal Advice May Be Needed

Legal advice may be needed if a person is arrested, charged or interviewed about possession, supply, possession with intent to supply, production, importation, driving after use, or commercial supply of nitrous oxide.

Advice is especially important where there is a risk of supply allegations, large quantities, previous convictions, driving offences, professional consequences, immigration concerns, school or university disciplinary action, or regulated employment.

Current Position

Nitrous oxide is no longer treated simply as a "legal high". Since 8 November 2023, it has been controlled as a Class C drug in the UK. Recreational possession and unlawful supply are criminal offences, while legitimate medical, dental, industrial and catering uses remain lawful where properly carried out.

Anyone accused of a nitrous oxide offence should take legal advice before accepting a caution, attending a police interview or pleading guilty.

Disclaimer

Solicitors.com is not a firm of solicitors and does not provide legal advice. The information on this page is for general guidance only and should not be relied upon as a substitute for advice from a regulated solicitor. Criminal law and controlled drug rules can change, and how the law applies will depend on the facts of each case.

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