Government Criminalizes Possession of Nitrous Oxide in England and Wales

The government of England and Wales has made the possession of nitrous oxide, commonly known as laughing gas, a criminal offense. The use of this gas has surged during the pandemic, particularly among individuals aged 16 to 24, making it one of the most abused substances.

Nitrous oxide is a colorless gas that is commonly used as a painkiller in medicine and dentistry. When combined with oxygen, it is referred to as “gas and air” and is used to alleviate pain during childbirth. Additionally, it is used in catering, such as in the production of whipped cream. However, recreational users often purchase small metal canisters of the gas, release it into a balloon, and inhale its contents.

Inhaling nitrous oxide can induce feelings of relaxation, lightheadedness, and dizziness. However, it can also cause headaches, anxiety, and even fainting if consumed excessively. The gas has been linked to various neurological symptoms, including tingling sensations, numbness in the extremities, muscle stiffness, weakness, bladder or bowel issues, and sexual dysfunction.

Although nitrous oxide can be dangerous, it is important to note that the reported deaths include those that occurred in medical settings and not solely due to misuse. Fatalities typically occur as a result of secondary effects, such as suffocation when the gas is used in confined spaces or when a plastic bag is placed over the head. According to Professor David Nutt from Imperial College London, evidence suggests an estimated one death per year in the UK among approximately one million nitrous oxide users. In comparison, alcohol-related deaths amount to around 28,000 per year among approximately 40 million users.

Recreational users who are caught with nitrous oxide for unlawful purposes will face penalties such as a caution, community service, or an unlimited fine. Repeat offenders may even face up to two years in prison. However, the ban does not prohibit the medical use of nitrous oxide, and it will still be available for industrial purposes such as in whipped cream. Individuals must demonstrate that they possess the substance legally and do not intend to use it for psychoactive effects.

The ban on nitrous oxide possession extends to Scotland and Northern Ireland, although the enforcement of the ban is a devolved matter. The Scottish National Party (SNP) MPs voted against the ban, arguing that drug use is a public health issue rather than a criminal one. It is now up to Scottish police to determine how they will enforce the ban.

Nitrous oxide emissions from natural sources are balanced by natural processes that remove it from the atmosphere. However, human activities, primarily agriculture and the burning of fossil fuels, have disrupted this balance. The excess nitrous oxide contributes to global warming and damages the ozone layer. Therefore, the ban on recreational use is unlikely to have a significant impact on the overall emissions of this harmful gas.