Question to the Home Office:

To ask the Secretary of State for the Home Department, if she will make an assessment of the potential merits of restricting the sale of nitrous oxide canisters by suppliers to nominated businesses only; and if she will make a statement.

Supply of nitrous oxide for legitimate medical and industrial purposes is lawful. Nitrous oxide has legitimate uses, such as in medicine, dentistry and as a propellant for whipped cream canisters.

However, those who supply nitrous oxide knowing or reckless as to whether it is likely to be used for its psychoactive effect, are committing an offence under the Psychoactive Substances Act 2016. This includes a maximum custodial sentence of seven years’ imprisonment.

On 3 September 2021, the Government asked the independent statutory advisory body, the Advisory Council on the Misuse of Drugs (ACMD), to provide an updated assessment of the harms of nitrous oxide, including advice on whether it should be controlled under the Misuse of Drugs Act 1971.

The ACMD is independent of Government and can provide a broad range of recommendations, including advice on regulatory or legislative changes. The Government will consider the ACMD advice carefully before deciding how to proceed.