The last review in 2015 reached the same conclusion: that it should not be prohibited. This is the second time that the ACMD has been asked to review the evidence on nitrous oxide. There are also developments in the UK, supported by the police, to move away from the punishment of drug possession offences towards diversionary interventions, such as drug education, and so the recommendation should also be seen in this wider context.
In their review, the ACMD acknowledged the potential for the drug to produce health and social harms, but argued that classifying the drug under the MDA - and the penalties this would bring - would be disproportionate, and there was insufficient evidence to justify this. Possession of nitrous oxide for legitimate purposes (use as an anaesthetic, or as a catering product) is not a criminal offence. Targeting nitrous oxide would provide a clear signal of policy intent. Three and a half tonnes of these canisters were collected during last year’s Notting Hill festival alone. One reason for government interest has been its recent policy focus on antisocial behaviour.ĭiscarded nitrous oxide canisters are a highly visible form of littering, and use is often associated with nuisance behaviour in groups of young people hanging out in public places. The current home secretary, Suella Braverman, has made no secret of her view that nitrous oxide should be brought under the MDA. The Advisory Council on the Misuse of Drugs ( ACMD) has now reviewed the evidence and has not recommended nitrous oxide be placed under the Misuse of Drugs Act 1971 (MDA), which would have made possession of the drug for non-exempted purposes a criminal offence.
In 2021, the then home secretary Priti Patel asked her independent scientific advisers to review the evidence of harm associated with nitrous oxide. The UK government’s advisory panel on drugs has rejected a call to ban the sale and possession of nitrous oxide – also known as laughing gas or nos – despite the home secretary’s desire to see the drug banned.
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