Laughing gas ban: When will it happen and what punishments will people face?

By Olivia Mustafa, ITV News Trainee

Ruptured lungs, paralysis and even death - these are just some of the potential effects of inhaling too much nitrous oxide.

Laughing gas is the third most popular recreational drug used by 16 to 24-year-olds.

And inhaling nitrous oxide, also known as NOS, to get a short-lived high has been legal - until now.

A new government ban will come into force next month, meaning those in possession of nitrous oxide could face up to two years in prison.

But how does the ban work, and just how far will the government go to crack down on the substance?

What is laughing gas?

Nitrous oxide is a colourless gas kept in metal cannisters. It has several commercial uses, such as managing pain and anxiety during dental treatment, and as a propellant for whipped cream.

It's also got psychoactive properties, meaning users get a "high" feeling for a short few seconds when it is inhaled.

When does the ban come into force?

It is already against the law to produce or supply laughing gas for recreational use, but the new law will make possessing it illegal from November 8 onwards.

The government is changing the way the substance is classified by making it a class C drug.

This will put it into the same category as benzodiazepines, known as 'benzos', which include valium.

What punishments are being put in place?

The new rules mean those found with laughing gas could face an unlimited fine, a community punishment, or a caution on their criminal record.

Repeat offenders could be sentenced to up to two years in prison.

The punishment for those supplying or producing the drug for recreational purposes will also double to a potential 14 years behind bars.

Why is it being banned now?

The new law has come as part of the government's Anti-Social Behaviour Action Plan, set out in March 2023.

Last month, MPs voted overwhelmingly in favour of the new class C categorisation by 404 votes to 36.

Concerns have been growing about the health effects of laughing gas over the last few years.

In 2022, Alex Littler, 16, suffered a ruptured lung and his chest popped like "bubble wrap" after inhaling the drug at a music festival, his mother told ITV News.

His injuries were so severe doctors thought at first he had fallen or been crushed.

Air – including nitrous oxide – had been left trapped around his heart and shoulder blade, causing his chest to feel spongy. Doctors feared he would need an operation, but luckily, they managed to remove the gases with an oxygen mask worn overnight.

In an interview with ITV News last year, Toxicologist Dr Mark Pucci, from Sandwell and West Birmingham Hospitals Trust, said hospital admissions for nitrous oxide misuse had skyrocketed.

“Even when we had around one admission per year, that was felt to be frequent,” he said.

“But in the past year or so there has been an exponential growth in hospital admissions. We’re now seeing one every two weeks, as a rough estimate.”

The government is also worried about the environmental impact of the substance being misused, often leading to small metal canisters being littered on streets and in parks.

Waste crews who cleaned up after Notting Hill Carnival in August estimated they collected 13 tonnes of canisters from the streets, Kensington and Chelsea Council said.

Earlier this year, the UK's drug advisory panel advised laughing gas should not be made a class C drug, saying there was not enough evidence of health impacts to make such a move.

The Advisory Council on the Misuse of Drugs (ACMD) also said the government's suggested punishments would be disproportionate to the potential harm the drug can cause.

In a statement, the Home Office said: "It is clear the harms of nitrous oxide misuse are being felt by communities.

"There is still more evidence to collect about the full extent of the harms of nitrous oxide, so we have gone further than the ACMD advice, taking precautionary, preventative action to keep people safe and crack down on antisocial behaviour."

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