The Government will conduct a full Impact Assessment before implementing control of nitrous oxide. This will include consideration of the impact control will have on levels of nitrous oxide misuse, as well as the impact control will have on businesses with legitimate requirements for nitrous oxide, the public sector, and other identified groups. This will examine the cost over a 10-year appraisal period and will be published on the GOV.UK website.

It is not our intention to hinder or place undue burden on those who wish to use nitrous oxide for legitimate purposes or to unduly impact businesses. To support our understanding of the uses of nitrous oxide and how best to exempt legitimate use, the Government published a consultation - Nitrous oxide: legitimate uses and appropriate controls - which seeks views from organisations and people who use, or might wish to use, nitrous oxide in the future for legitimate purposes. The consultation runs until 27 June and is available on the GOV.UK website.

As Minister of State for Crime, Policing and Fire, I met the Chair of the Advisory Council on the Misuse of Drugs (ACMD) and the Chair of the ACMD Novel Psychoactive Substances Committee, which undertook the nitrous oxide review, on 7 March 2023 to discuss the findings of the updated ACMD harms assessment on nitrous oxide before a final decision had been taken.

This is in accordance with Part 4 (iv) of the Working Protocol between the Home Secretary and the ACMD.

On 27 March we published the Anti-social Behaviour (ASB) Action Plan announcing our intention to control nitrous oxide as a Class C drug under the Misuse of Drugs Act 1971.

The Advisory Council on the Misuse of Drugs were notified in writing of our intention not to accept recommendation 1 of their updated harms assessment in advance of the publication of the ASB Action Plan. In line with the Working Protocol, the letter set out the reasons behind our decision to reject their recommendation.

The Advisory Council on the Misuse of Drugs (ACMD) published their report on nitrous oxide on 6 March, which set out the available evidence and made recommendations for action. This report can be found at the following link: Nitrous oxide: updated harms assessment - GOV.UK (www.gov.uk).

The Government carefully considered the ACMD’s advice when making the decision to control nitrous oxide under the Misuse of Drugs Act 1971. In their report the ACMD cite anecdotal reports of an increase in neurological harms. They also identify evidence in relation to health and social harms and provide references to those sources within their report. This includes harms such as drug driving and littering as well as identifying widespread availability for illegitimate use. In addition to the ACMD’s review, the Government has received representations from members of the public, from police officers and others highlighting serious concerns and providing further anecdotal evidence of the dangers of nitrous oxide.

The Government responded to the ACMD on 27 March. The Government’s response is available at the following link: Government response: ACMD nitrous oxide review (accessible) - GOV.UK (www.gov.uk)