Hon Dr Shane Reti
Minister of Health

Health Minister Dr Shane Reti says urgent action is being taken to restrict the sale of nitrous oxide and welcomes new advice from Medsafe highlighting tougher penalties if sold for recreational purposes.

“Nitrous oxide has several legitimate uses, but we also know it is increasingly being used as a recreational drug,” says Dr Reti.

“Smokefree enforcement officers have even reported seeing nitrous oxide products – nangs – for sale in vape stores. This is extremely concerning.

“Given the significant risks and the potential for long-term damage, and a number of overlapping portfolios in this area, last month I requested officials look at options on the Government’s behalf to address it.

“Last week, I received advice from the Ministry of Health about a change in approach that would clarify the law for suppliers and users of nitrous oxide. This will enable Police to prosecute the sale and use of nitrous oxide for recreational use.”

Whereas nitrous oxide had been considered under the Medicines Act 1981, Medsafe now advises that when it’s 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, making it illegal to sell nitrous oxide or products containing nitrous oxide for recreational use. A breach of this regulation is punishable by either prison time or a fine.

“The proliferation of nangs – particularly targeted at our young people – is a significant public health issue with potentially serious consequences.

“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.

“I have directed the Ministry of Health to monitor the effectiveness of this change and provide ongoing advice about whether further restrictions are necessary to keep New Zealanders safe,” Dr Reti says.

Notes:

• Nitrous oxide has several legitimate uses, but is also misused as a recreational drug.
• Previously, Medsafe’s advice had been that the sale of nitrous oxide for inhalation comes under the Medicines Act 1981 as selling a prescription medicine without a prescription, which set a high bar for enforcement.
• After increasing reports of misuse of nitrous oxide, Medsafe explored regulatory options to respond, and Medsafe has now updated its advice.
• Medsafe now advises that, when used primarily for the purpose of inducing a psychoactive effect, nitrous oxide is considered a psychoactive substance.
• This means Medsafe now advises that recreational use of nitrous oxide comes under the Psychoactive Substances Act 2013.
• 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.

You can read the advisory here: https://www.medsafe.govt.nz/compliance/NitrousOxide.asp

More information on the risks of recreational use of nitrous oxide can be found here: Nitrous oxide - Alcohol and Drug Foundation (adf.org.au)

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