Circular 006/2023: Control of nitrous oxide under the Misuse of Drugs Act 1971

This circular draws attention to the contents of the below Statutory Instruments, which will come into force on at 00.01 on 8 November 2023:

• The Misuse of Drugs Act 1971 (Amendment) Order 2023 (S.I. 2023/1091)
• The Misuse of Drugs (England and Wales and Scotland) (Amendment) Regulations 2023 (S.I. 2023/1099).

The Misuse of Drugs Act 1971 (Amendment) Order 2023 classifies nitrous oxide as a Class C drug under paragraph 1(a) of Part 3 of Schedule 2 to the Misuse of Drugs Act 1971 ("the 1971 Act"). The Misuse of Drugs (England and Wales and Scotland) (Amendment) Regulations 2023 amend the Misuse of Drugs Regulations 2001 ("the 2001 Regulations") to place nitrous oxide, and preparations or products containing nitrous oxide (hereafter referred to as "nitrous oxide"), in Schedule 5 to the 2001 Regulations and make provision for continued lawful access to the substance for legitimate purposes, including medical use.

The SIs are available at www.legislation.gov.uk, as follows:

These SIs are also published by the Stationery Office. Telephone orders and general enquiries: 0330 202 5070.