Laughing gas banned as a drug from 1 January. Still allowed in the whipped cream syringe

The possession and sale of nitrous oxide is prohibited from 1 January. From then on, the drug is on a list of prohibited substances, reports the Ministry of Health, Welfare and Sport.

You may use the product for ‘addition to foods’. The gas is widely used in the whipped cream sprayer.

According to State Secretary Maarten van Ooijen (Public Health), the use of laughing gas leads to enormous health risks. Justice Minister Dilan Yesilgöz says the ban will help police “enormously in enforcement”. “With the ban, the police will be able to take immediate action if someone has non-professional laughing gas in his possession and has balloons with gas bottles in the car. Hopefully we can prevent accidents this way.”

No separate legislation has been made

The Council of State had advised the cabinet in July to adjust the proposal on a number of points. For example, it was advised to regulate the laughing gas ban via a separate law, instead of via the route that the cabinet has now chosen. Furthermore, the government should first take a closer look at alternatives to a ban, such as prevention and information. With this decision, the cabinet is not responding to either assignment.

Information and prevention are already happening, and will also remain part of the approach, says the Ministry of Health. The government says it is especially important that legislation is introduced because the police can then enforce. For that reason no separate legislation has been made, because that would lead to further years of delay.

Small ampoules are still allowed

Private individuals will no longer be allowed to have large bottles with laughing gas in them. The small ampoules used in whipped cream syringes will remain allowed. However, the rules are also being tightened for this. The sale is allowed, but resell them to someone else is not. The Ministry of Health, Welfare and Sport says it will make additional agreements about this with parties involved, such as sellers.

Laughing gas is also used in the medical world as an anesthetic. This remains permitted, provided that manufacturers and wholesalers have an exemption for this. The same applies to the technical sector.

Laughing gas will be placed on the so-called list II of the Opium Act.

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