Possession of Laughing Gas to Be Banned as UK Steps up Crackdown on Anti-Social Behaviour

Nitrous oxide canisters discarded by the roadside in Ebbsfleet, England, in January 2020. PA

The UK government will make possession of laughing gas a criminal offence as part of its new measures to crack down on anti-social behaviour.

The government also said it will impose tighter controls on retailers to prevent the supply of the substance—also known as nitrous oxide—for misuse.

A government spokesperson told the BBC on Sunday: “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.”

Nitrous oxide is a gas that is often sold in small silver canisters, which are then squirted into balloons and then inhaled.

Prolonged use can cause vitamin B12 deficiency, anaemia, and nerve damage. Doctors previously warned that using laughing gas could lead to spinal injuries.

According to the Office for National Statistics, there were 36 deaths in Great Britain associated with nitrous oxide between 2001 and 2016.

But Dr. David Nicholl, one of Britain’s leading neurologists, told The Epoch Times in January that the problem has been getting worse since the COVID-19 pandemic.

The number of young people misusing laughing gas has risen “massively” since the pandemic, said Nicholl, the clinical lead for neurology at Sandwell and West Birmingham NHS Trust, adding that he was now treating several patients a week.

‘Increasing Scourge’

Earlier, Cabinet minister Michael Gove said ministers are determined to stamp out misuse of nitrous oxide, which he said is turning public spaces into “drug-taking arenas” and is helping fuel anti-social behaviour.

“I think any of us who have had the opportunity to walk through our parks in our major cities will have seen these little canisters, these silver canisters, which are examples of people not only despoiling public spaces but also people taking a drug which can have a psychological and neurological affect and one that contributes to anti-social behaviour overall,” Gove said on Sky News’ “Sophy Ridge On Sunday” programme.

He said ministers have not yet decided at what drug classification level laughing gas would be set, only that the government wants sales “restricted for its appropriate purpose.”

Michael Gove, secretary of state for levelling up, housing, and communities, leaves BBC Broadcasting House, in London, on March 26, 2023. Hollie Adams/Getty Images

Nitrous oxide is included as an anaesthetic in medical and dental contexts and as a gas for whipped cream.

Gove added: “We mustn’t have a situation where our parks, our public spaces become drug-taking arenas. And that is why we need to crack down on new manifestations of drug-taking and these laughing gas canisters are an increasing scourge.”

The main opposition Labour Party has voiced support for the plan to ban the sale of laughing gas.

Labour’s shadow culture secretary Lucy Powell told Sky News, “I think we want to see it banned as well because I think it does cause a huge amount of littering, of disruption, and of anti-social behaviour challenges as well.”

‘Disproportionate’

Current legislation bans the knowing or reckless supply of nitrous oxide for inhalation, with dealers facing up to seven years in jail. But there have been calls for a ban on all direct consumer sales.

In January, Prime Minister Rishi Sunak highlighted the issue in a speech, during which he criticised anti-social behaviour and “nitrous oxide canisters in children’s playgrounds.”

But earlier this month, an assessment by the independent Advisory Council on the Misuse of Drugs concluded that it would be “disproportionate” to bring in an outright ban.

David Badcock, the organisation’s chief executive, said on Sunday that he is “very disheartened” to hear the government has chosen to “completely ignore” its advice.

“A blanket ban on nitrous oxide is completely disproportionate to the harms that are caused by nitrous oxide and would likely deliver more harm than good,” he told the PA news agency.

“It won’t stop young people using it—banning any substance just drives it into criminal hands and the inherent risks associated with the black market come into play.”

But Gove told Sky News: “Yes, the advisory committee offered their advice but ultimately it is ministers who are responsible. And we believe collectively that it is absolutely vital that we deal with this scourge and in the same way.”

He said ministers also wanted to bring in “extended drug testing of people who are responsible for criminal and anti-social activity,” adding: “We need to deal with it.”

The National Police Chiefs’ Council also said it backs the move, as it would give them “the ability to seize and dispose of nitrous oxide.”

Chief Constable Richard Lewis, the council’s lead for drugs, said, “Policing would support making possession of nitrous oxide without a legitimate reason a criminal offence, as opposed to just supply and intent to supply.

“Officers would welcome the ability to seize and dispose of nitrous oxide, as well as provide warnings and carry out arrests, depending on the situation.”

Chris Summers and PA Media contributed to this report.