Nitrous oxide


  • Class C
  • Schedule 5
    Possible offences:
  • Possession
    • Maximum sentence – 2 years/fine/both
  • Possession With Intent To Supply
    • Maximum sentence – 14 years/fine/both
  • Supply (including being concerned in supply, conspiracy to supply, aggravated supply and offer to supply)
    • Maximum sentence – 14 years/fine/both
  • Production
    • Maximum sentence –  14 years/fine/both

In practice maximum sentences are rarely used, for more detailed and accurate information go to our sentencing guide.

It will remain lawful to import, export, produce, supply, offer to supply and possess nitrous oxide in certain circumstances. Specifically, people may undertake those activities except where, dependent on the offence, they intend, know or are reckless as to whether the substance is likely to be wrongfully inhaled by a person. “Wrongful inhalation” means any inhalation which is not for a medical or dental purpose or is not of nitrous oxide which has been released into the atmosphere (for example, directly from a cannister or a balloon).