Question to the Home Office:

To ask the Secretary of State for the Home Department, what action she is taking to tackle the illegal a) inhalation and b) sale of nitrous oxide canisters.

The Government recognises that the abuse of nitrous oxide is dangerous to people’s health. Nitrous oxide is controlled as a Class C drug under the Misuse of Drugs Act 1971. It is an offence to produce, supply, offer to supply, possess, possess with intent to supply, import or export nitrous oxide, subject to exemptions for legitimate uses. These exemptions do not apply where a person knows, intends or is reckless as to whether the nitrous oxide will be wrongfully inhaled.

The maximum penalty for unlawful possession is two years’ imprisonment, an unlimited fine, or both. The maximum penalty for supply or production is 14 years’ imprisonment, an unlimited fine, or both. The legislation applies to nitrous oxide canisters of all sizes.

Producers, suppliers and importers are expected to take reasonable steps to ensure that their products are supplied for legitimate purposes. This can include verifying the intended purpose of a purchase, limiting quantities sold and not selling paraphernalia that could be used to inhale nitrous oxide. The police are operationally independent and have the powers necessary to enforce the law proportionately.