Nitrous Oxide: Misuse
(asked on 15th July 2026) - View Source
Question to the Home Office:
To ask the Secretary of State for the Home Department, what recent estimate she has made of the prevalence of nitrous oxide misuse among people aged (a) under 18, (b) 18 to 24 and (c) over 24 years.
We are taking a coordinated approach across Government to tackle the supply and misuse of illegal drugs. This includes law enforcement activity, engagement with technology companies, education for users so they understand the risks and harms; as well as requiring online platforms to take responsibility for content on their platforms.
Since November 2023, Nitrous Oxide has been controlled as a Class C drug under the Misuse of Drugs Act 1971. Under the 1971 Act, it is an offence to produce, supply, offer to supply, possess, possess with intent to supply, import and export nitrous oxide. Illicit possession and supply carry penalties of up to two years’ imprisonment and 14 years’ imprisonment respectively. Guidance and the circular relating to the ban can be found here: 006/2023: Control of nitrous oxide under the Misuse of Drugs Act 1971 (accessible) - GOV.UK. There are no plans to update this.
The police and other law enforcement agencies are operationally independent, but we expect them to prioritise resources towards tackling crime, including drug-related crime, with a focus on those offences that cause the most harm. Enforcement activity on nitrous oxide has increased. In the year ending March 2025, Police and Border Force made 6,223 seizures of nitrous oxide in England and Wales, the highest number recorded since the time series began in year ending March 2018.
Data on the prevalence of misuse of nitrous oxide is published by the Office for National Statistics, through the Crime Survey for England and Wales. In the year ending March 2025, 0.5% of 16- to 59-year-olds in England and Wales reported using nitrous oxide in the last year. Data is not available for the 18–24-year-old group specifically, but data relating to 16-24-year-olds shows that 1.3% reported using nitrous oxide in the year ending March 2025. This is the lowest proportion of nitrous oxide users reported in the Crime Survey for England and Wales and the reported proportion of users has reduced each year since the substance became a Class C drug. Data is available here:
The Online Safety Act 2023 places clear legal duties on online platforms to implement systems and processes that prevent users from encountering illegal content (which would include illegal drugs sales online) and to ensure that such content is swiftly removed once they become aware of it. Ofcom is monitoring compliance and can take enforcement action including fines of up to £18 million or 10% of global revenue (whichever is greater). In the most serious cases, Ofcom can seek a court order to block a site in the UK.