Medsafe has been exploring regulatory options to address increasing misuse of nitrous oxide, leading to the decision to update its advice on the law in relation to the supply and use of nitrous oxide for recreational use.
Medsafe now advises that when nitrous oxide is sold primarily for the purpose of inducing a psychoactive effect, the Psychoactive Substances Act 2013 applies.
No products containing nitrous oxide have been approved for use under the Psychoactive Substances Act. It is illegal to sell nitrous oxide or products containing nitrous oxide for recreational use primarily to induce a psychoactive effect.
People who sell, offer to sell, or possess to sell nitrous oxide for recreational use are liable to penalties on conviction of up to two years imprisonment for an individual, or a fine of up to $500,000 for a company, under section 70 of the Psychoactive Substances Act 2013.
An individual found to have an unapproved psychoactive substance, such as nitrous oxide, in their possession are liable to a penalty on conviction of a fine of up to $500 under section 71 of the Psychoactive Substances Act 2013.
Previously, sales of nitrous oxide for recreational use have been considered to be selling a medicine without a prescription, as nitrous oxide is considered a medicine when used for inhalation for therapeutic purposes. However, in response to growing concern, Medsafe has reconsidered its position and now considers that recreational use is regulated under the Psychoactive Substances Act 2013.
Medsafe strongly advises against the recreational use of Nitrous Oxide, which can have serious negative side effects.
There are many risks when nitrous oxide is used for recreational purposes depending on the circumstances, the amount inhaled and frequency of use. Because it causes dizziness and light-headedness, it can seriously affect tasks being undertaken at the time of use. Long-term use can lead to nerve damage and serious neurological effects.
Misuse of nitrous oxide can result in death.
You can read the advisory on the Medsafe website.
More information on the risks of recreational use of Nitrous Oxide can be found here:
