Sale of nitrous oxide to get high to be penalised by up to two years’ jail or $500,000 fine, and possession by a fine of up to $500
Health Minister Shane Reti sought urgent options for crackdown following reports of rising use among young people in New Zealand and overseas
Nitrous oxide, aka laughing gas/NOS/nangs, is a colourless gas which has legitimate uses in healthcare and cooking, but can be abused to get high
Selling or using nitrous oxide to get high could now lead to a jail sentence or hefty fine under a crackdown by the Government.
Health Minister Dr Shane Reti said today he had sought urgent options to address nitrous oxide use following reports of its rising popularity among young people in New Zealand.
“Nitrous oxide has several legitimate uses, but we also know it is increasingly being used as a recreational drug,” said Reti in a statement.
“Smokefree enforcement officers have even reported seeing nitrous oxide products – nangs – for sale in vape stores. This is extremely concerning.”
Reti said he had received advice from the Ministry of Health last week about a change of approach which would clarify the law for suppliers and users of nitrous oxide. This would enable police to prosecute the sale and use of the substance for recreational use, he said.
Previous advice from Medsafe was the sale of nitrous oxide for inhalation fell under the Medicines Act, as selling a prescription medicine without a prescription. That set a high bar for enforcement.
After exploring regulatory options, Medsafe has updated its advice to say when nitrous oxide was used primarily to get high, it was considered a psychoactive substance and fell under the Psychoactive Substances Act.
This meant anyone who sold, offered to sell or possessed nitrous oxide for personal use could be convicted of up to two years’ jail or a $500,000 fine for a company. Personal possession of the substance was punishable by a fine of up to $500.
“The proliferation of nangs – particularly targeted at our young people – is a significant public health issue with potentially serious consequences,” Reti said.
“Police and health professionals have reported recreational use of nitrous oxide is on the rise, a trend seen in other countries like Australia and the UK.
“This reinforces the gravity of the situation and the need for swift action. This cannot continue.”
Reti said he had directed the Ministry of Health to monitor the effectiveness of this change of approach and provide ongoing advice.
Nitrous oxide, also referred to as laughing gas and NOS, is a colourless gas which is used as an anaesthetic or for pain relief. It can also be used to whip cream or enhance automotive engine performance.
It was used recreationally by inhaling the gas to get high, usually by “cracking” the nitrous oxide canisters into balloons for inhaling.
An advisory issued by Medsafe and the Psychoactive Substances Regulatory Authority said they had received reports that there was significant business in selling small- to medium-sized nitrous oxide cannisters for recreational use. This was occurring through both physical and online retailers, many which had no connection to the catering industry.
The advisory said retailers should consider any evidence of misuse, and could not escape liability simply by seeking an assurance from the buyer that the product would only be used for catering purposes.
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