2023-09-06 19:43:16
In March 2023, the Government’s Advisory Council on the Misuse of Drugs (ACMD) looked at the question of making nitrous oxide (laughing gas) a controlled drug. The ACMD noted that the number of deaths and demand for treatment for problematic use of nitrous oxide remains low compared to other drugs (although there have been reports of an increase in neurological harms and anecdotal reports of an increase in some social harms such as driving under the influence, and littering.
The ACMD did not agree that nitrous oxide should be made a controlled drug, saying “Nitrous oxide should remain under the Psychoactive Substances Act 2016, but additional measures are needed to tackle non-legitimate supply and alert people who use nitrous oxide and healthcare professionals to the risks of nitrous oxide use. Current evidence suggests that the health and social harms of nitrous oxide are not commensurate with control under the Misuse of Drugs Act 1971.”
The Government announced that despite the ACMD’s advice, it would proceed to make nitrous oxide a controlled drug, saying, amongst other things “Despite nitrous oxide’s status under the Psychoactive Substances Act 2016, it is still widely available. That is why we have taken the decision to go further, drawing on the stronger basis to take action against illegitimate supply that the Misuse of Drugs Act 1971 provides.”
The ACMD now appears to have reversed its previous position and has recommended that nitrous oxide be inserted into Schedule 5 of the Misuse of Drugs Regulations 2001, with Schedule 5 being amended specifically for nitrous oxide to enable all activities required for legitimate uses and to enable control of import and export, production, possession and supply for non-legitimate uses.
The Government has accepted this new advice.