London Daily

Focus on the big picture.
Saturday, Aug 22, 2026

Nitrous oxide: Possession of laughing gas to be criminal offence

Nitrous oxide: Possession of laughing gas to be criminal offence

Possessing laughing gas is to be made a criminal offence for the first time, the government has announced.

There will also be tighter controls on retailers to prevent the supply of nitrous oxide for misuse.

It goes against recommendations from the Advisory Council on the Misuse of Drugs (ACMD) which recently advised against new laws to ban nitrous oxide.

Nitrous oxide, sold in metal canisters, is known as NOS and is one of the most-used drugs by UK 16 to 24-year-olds.

The details are expected to be released on Monday. The BBC understands the ban would be issued under the Misuse of Drugs Act 1971, which regulates drugs based on their perceived harm and potential for misuse.

It is already illegal to produce or supply the gas for its psychoactive effects under the Psychoactive Substances Act 2016. The law makes production, supply and importation of nitrous oxide for human consumption illegal, but not possession.

The change is part of a crackdown on anti-social behaviour, which Prime Minister Rishi Sunak will announce on Monday.

A government spokesperson said: "We are concerned about the rise in health and social harms of nitrous oxide and how widely available it is to the public, particularly to young people. Therefore, we are banning nitrous oxide.

"We are for the first time making possession of nitrous oxide an offence; preventing supply for misuse by putting tighter controls on retailers; and giving greater powers to law enforcement to take action against those who are in breach."

Speaking on the BBC's Sunday with Laura Kuenssberg programme, Michael Gove said: "We are doing this because if you walk through any urban park you will see these little silver cannister which are the evidence of people regarding public spaces as arenas for drug taking.

"It is unacceptable. People should feel those spaces are being looked after in a way which means they are safe for children."

The levelling up secretary said the drug has an "intoxicating and potentially damaging effect on young brains and young nervous systems".

Heavy use can lead to a vitamin deficiency that damages nerves in the spinal column.

Several drugs charities have criticised the announcement, claiming criminalising possession could lead to the drug becoming more dangerous.

Steve Rolles, senior policy analyst at the Transform Drug Policy Foundation, said: "The idea that this is a deterrent effect is ridiculous it just criminalises users and will hand control of the product to criminal gangs.

"This is just political theatre - if you need any proof you just need to see that they have ignored their own advisers. This is a particularly ugly example of performative politics."

Transform Drug Policy Foundation is a charity which campaigns for drugs to be legalised and regulated.

Prof Adam Winstock, an addiction medicine specialist and founder of the Global Drug Survey, told the BBC that getting a criminal record "is going to be a far greater harm than the risks for the vast majority of people using nitrous oxide".

Reducing the risks of nitrous oxide is "better achieved with smart education, not blunt regulation that may compound existing harms and create new ones", he added.


Stronger sentences


Earlier this year the Home Office asked the ACMD to provide advice on whether to make possession of nitrous oxide a crime.

The report recommended the substance should not be controlled under the Misuse of Drugs Act - which allows the use of life sentences for those supplying or producing some drugs.

The ACMD stated the Psychoactive Substances Act - which limits prison sentences to a maximum of seven years - "remains appropriate legislation".

It said sanctions for the offences would be disproportionate with the level of harm associated with nitrous oxide, as well as creating "significant burdens" for legitimate uses of the substance.

The review also found "no substantive evidence of links between nitrous oxide and anti-social behaviour" aside from littering.

Alexandre Piot, director of research at the Conservative Drug Policy Reform Group, said it was "shocking that the government feels it knows better than its own independent body of experts set up by law".

"The more they don't listen to them, the more drug policy will continue to fail," he said.

Nitrous oxide is regularly used as an anaesthetic in medicine and dentistry, and as a gas for making whipped cream in cooking.


Anti-social behaviour


Labour backed the plans to ban the sale of nitrous oxide. Shadow culture secretary Lucy Powell said its use "causes a huge amount of littering disruption and anti-social behaviour".

She added: "We do need to tackle at source these kind of behaviours that are blights on our community."

It comes as the government unveils a new strategy to crack down on anti-social behaviour.

Public drug use, fly-tipping and low-level crimes such as graffiti are to be targeted with a strategy of "hotspot" policing and "short and sharp" punishments.

People who vandalise public spaces will have to repair the damage they cause within 48 hours of being given an order.

A pilot, covering 10 areas, aims to show the public such acts are "quickly and visibly" punished.

Ms Powell said the plans "amount to nothing".

Labour have also accused the government of cutting neighbourhood policing, leading to fewer offenders being punished.

"We've heard it all before from this government and I think we have to judge them by their record," Ms Powell added.

Newsletter

Related Articles

0:00
0:00
Close
Petrol Bombs Set Luxury Cars Alight Outside Birmingham Wedding as Police Hunt Three Men
Bitcoin Surges Toward $80,000 as Short Squeeze and ETF Inflows Ignite Crypto Rally
Prince Harry and Co-Claimants Ordered to Pay £9.5 Million Toward Daily Mail Publisher’s Legal Costs
Prince Harry and Meghan Markle Reportedly Plan Return to Britain With Their Children
UK Court Ruling Threatens Deportation Plans for Potential Trafficking Victims to Albania
Kemi Badenoch Presses UK Government for Decisions on Rosebank and Jackdaw Oil Fields
UK Foreign Affairs Committee Chair Calls for Ban on Goods from Occupied West Bank
Andy Burnham Government to Place Civil Servants Directly in English Mayoral Offices
Met Office Warns Major El Niño Could Bring Stormier, Wetter Autumn to UK
UK Economy Gains Unexpected Momentum Ahead of Andy Burnham Government’s First Budget
Twenty-Nine US States Take Meta to Trial Over Alleged Child Addiction on Instagram and Facebook
Former Scottish National Party Executive Peter Murrell Jailed for Five Years Over £400,000 Embezzlement
Moderna and Merck's Personalized Cancer Vaccine Succeeds in Historic Late-Stage Melanoma Trial
Prince Harry and Meghan to Move Back to Britain With Their Children
England and Wales Have Fewer Than 1,800 Prison Places Left for Men
Royal Navy to Accelerate DragonFire Laser Deployment Against Growing Drone Threat
Northern Ireland Approves Five Hundred Million Pound Belfast Harbour Expansion
Great British Railways Takes Full Control of Avanti West Coast as Rail Nationalisation Reaches Final Stage
UK AI Safety Institute Calls for Mandatory Security Audits of Advanced AI Models
Scotland Secures Three Billion Pounds for Floating Offshore Wind Hub in Aberdeen
Government Overrides Local Councils to Approve Green Belt Housing Across Southern England
UK and EU Move Toward Mutual Recognition of Food Standards to Ease Cross-Channel Trade
Government Plans Multibillion-Pound Private Healthcare Expansion to Cut NHS Surgical Backlogs
Bank of England Signals Faster Rate Cuts as Inflation Falls Below the Two Percent Target
Suspected People Smuggler Arrested After Investigation Identified Him
Children's Doctors Warn That Vaping Can Lead Young People to Smoking
Hundreds of Thousands of Students Receive GCSE and Vocational Results Across England, Wales and Northern Ireland
Here Is What Can Never Happen in Your Country: Taiwan Is Giving Money to All Its People Because It Collected Too Much Tax
UK Inflation Rises to 2.9% as Energy Bills Jump
UK Issues New Conduct Guide for Asylum Seekers on Consent and Respect
Moderna Shares Surge After Positive Personalized Skin Cancer Trial Results
UK Markets Watch US National Debt Surpass Forty Trillion Dollars
UK Broadcasters Urge Government to Invest in Digital Participation and Broadband
CVC Capital Partners and Standard Life Launch Two Billion Pound Pension Risk Transfer Venture
UK Private Sector Productivity Growth Accelerates in Second Quarter
UK Foreign Secretary Ed Miliband Condemns Israeli E1 Settlement Tender
UK Watchdog Investigates Trainline, Virgin Atlantic and RED Driving School Over Hidden Fees
Prince Harry and Meghan Markle Plan Move to Private Home Outside London
UK Retail Sentiment Improves as Summer Spending Boosts Consumer Confidence
UK Aid Cuts Draw Warnings From Charities Over Humanitarian Consequences
UK Financial Conduct Authority Issues Guidance for Motor Finance Redress Scheme
UK Met Office Launches Aviation Programme to Reduce Climate Impact of Persistent Contrails
Former UK Civil Service Chief Received Record 500,000 Pound Severance Payment
West Midlands to Bring Bus Network Under Public Franchising Model
UK Government Drops Plan to Relax Affordable Housing Requirements After Backlash
UK Reaffirms Military Support for Ukraine Despite Russian Hybrid Warfare Threats
UK Technology Sector Expands Nearly 8 Percent as Digital Industry Outpaces Wider Economy
UK Drought Threatens Harvests Across England and Wales as Food Inflation Risks Persist
UK Government Pledges 442 Million Pounds to End Rough Sleeping by Christmas
UK Government Signals Willingness to Reconsider Digital Services Tax Amid US Tariff Threats
×