Nitrous oxide law puzzling

Confusion surrounds the sale of nitrous oxide after the Government said it had determined that the so-called laughing gas was illegal to sell or buy to inhale.

Associate Health Minister Jim Anderton said nitrous oxide was a prescription medicine and its unrestricted sale was illegal under the Medicines Act.

But retailers, including operators of "nos bars" in Christchurch, are preparing to sidestep the law and it is likely to be tested in court.

Retailers claim the law does not apply to food-grade nitrous oxide, which is commonly taken by recreational users in the form of cream-whipper canisters sold for about $13 for a box of 10.

Mr Anderton said there would continue to be "legitimate uses" for nitrous oxide such as a propellant in foods such as whipped cream and in car racing. He believed none of those uses involved inhaling the gas.

Chris Fowlie, of Auckland's Hempstore, said that despite Mr Anderton's statement, "that's how everyone has always sold nitrous. People have always said this is for whipped cream".

Mr Fowlie said the Hempstore acknowledged that people inhaled the contents of the canisters.

"We know it's not for whipped cream so we're being honest and upfront and saying we know that people are inhaling it, therefore we're going to give them information so they can look after themselves."

The Hempstore had not yet decided whether to stop selling nos.

Mr Anderton yesterday attempted to clear up the confusion by releasing a statement saying the Medicines Act overrides food regulations.

He said that anyone selling nitrous oxide "whether for recreational or any other purposes, other than pursuant to a prescription" would be committing an offence.

Police and health officials would meet to discuss legitimate uses, such as in catering.

Mr Anderton said selling nos without a prescription would carry a maximum penalty of six months' imprisonment or a $1000 fine.

It was also illegal to possess prescription medicines without reasonable excuse.

Mr Anderton said officials would soon meet to discuss how to enforce the law and educate retailers about the "new interpretation".

United Future deputy leader Judy Turner said the public should be educated about the dangers of the gas.

"Making it illegal is an excellent move, but it would be naive in the extreme to think that the problem - and it is a real problem - would then disappear," she said.