Nitrous Oxide | Misuse of Drugs Act 1971 | KANGS Drugs Offences Defence Solicitors


The Home Office has published its intention to categorise Nitrous Oxide as a Class C substance under the Misuse of Drugs Act 1971, by the end of 2023.

Helen Holder of KANGS comments upon this proposal.

KANGS has been defending clients charged with all manner of criminal conduct for well over twenty years and is rated as one of the best criminal law firms in the country, being ‘Top Ranked’ in the leading legal directories, The Legal 500 and Chambers UK.

KANGS has won The Legal 500 award for ‘Criminal & Fraud Law Firm of the Year’ and the firm’s founder and senior partner, Hamraj Kang, has won The Legal 500 award for ‘Individual Criminal & Fraud Solicitor of the Year’.

We are here to assist clients facing any criminal investigation or prosecution whether it is being conducted by the police or another investigating authority.

Our Team can be contacted for immediate advice and assistance as follows:

Reasons for the Proposal | KANGS Substance Misuse Offences Defence Solicitors

It is reported that Nitrous Oxide, otherwise known as ‘laughing gas’ is the third most used drug amongst those aged between sixteen and twenty-four in England. 

Its use is regularly the cause of anti-social behaviour resulting in, inter alia, intimidating gatherings of youths in public spaces and discarded empty canisters accumulating in streets and recreational parks. 

Heavy regular use of Nitrous Oxide can lead to: 

  • fatality, if inhaled from a large canister,
  • impaired memory,
  • dizziness,
  • a deficiency in vitamin B12,
  • a form of anaemia,
  • nerve damage or paralysis.

The Changes to the Law | KANGS Serious Crime Defence Solicitors

Secondary legislation was introduced on 5 September 2023 to classify Nitrous Oxide as a Class C substance under the Misuse of Drugs Act 1971. 

Once in force, anticipated by the end of the year, conviction for being in unlawful possession of Nitrous Oxide will carry a sentence of up to two years’ imprisonment and/or an unlimited fine. 

Conviction for supply or production of Nitrous Oxide may result in the maximum sentence of fourteen years’ imprisonment.

There will be exemptions for legitimate use of the drug, for example, in medical or catering facilities.

If we can be of assistance, please do not hesitate to contact our Team through:


Prime Minister Rishi Sunak said:

‘I, and almost everyone else, is just sick of having to deal with nitrous oxide canisters when they’re walking through their communities. And it’s not just about the littering, [but] it’s about the damage that’s being done by the people who are using it.’

Home Secretary Suella Braverman said:

‘The British people are fed up with yobs abusing drugs in public spaces and leaving behind a disgraceful mess for others to clean up.

Earlier this year the Prime Minister and I promised a zero-tolerance approach to antisocial behaviour and that is what we are delivering. If you are caught using ‘laughing gas’ as a drug, you could be hit with a hefty fine or face jail time.

New schemes are already underway to increase police patrols in hotspot areas of antisocial behaviour and dish out punishments for perpetrators more quickly, and police will soon be able to drug test people arrested for a wider range of illegal drugs.’

Who Can I Contact for Help? | KANGS National Criminal Defence Solicitors

 If you have been arrested, are under investigation, or charged with any alleged drugs or drugs related offence, you should seek immediate expert help.

The Team at KANGS is highly experienced assisting clients charged with drugs offences of every nature and is here to assist you.

We welcome enquiries by telephone 0333 370 4333 or email info@kangssolicitors.co.uk.

We provide an initial no obligation consultation from our offices in London, Birmingham and Manchester.

Alternatively, we provide initial consultations by telephone or video conferencing


Helen Holder

Email Helen

0121 449 9888

020 7936 6396

Mohammed Ahmed

Mohammed Ahmed

Email Phone
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