Law Library Publishes Report on Nitrous Oxide Regulation Across 13 Jurisdictions

The following is a guest post by Peter Roudik, the Assistant Law Librarian for Legal Research at the Law Library of Congress and the director of the Law Library’s Global Legal Research Directorate. Peter has previously written the following posts for In Custodia Legis: New Report from the Law Library of Congress on Foreigners’ Right to Real Property Ownership: China, Iran, North Korea, Russian Federation; Law Library’s Newly Published Legal Report titled, “Carbon Neutrality Legislation Around the World”; Old Legal Theories Given a New Life; A Tour of the National Library of Naples – Picture of the Week; Passport, Visa, and What Else? and many more.

Recently, the Law Library of Congress surveyed laws and regulations of 13 jurisdictions around the world concerning the use of nitrous oxide for recreational purposes. Laws of Australia, Belgium, Canada, China, the European Union, France, Germany, Israel, Mexico, Norway, Russia, Sweden, and the United Kingdom of Great Britain and Northern Ireland are reviewed.

You can virtually read the Law Library’s report, “Regulation of Nitrous Oxide in Selected Jurisdictions.”

Nitrous oxide (N 2 O) is a colorless, odorless, nonflammable, sweet-tasting gas. Because of its unique features, this substance is usually used in the medical, technical, and food sectors. In 1977, the World Health Organization recognized nitrous oxide as an anesthetic and included it in its Model List of Essential Medicines. It has a drug indication for the treatment of anxiety, bipolar disorder, and some forms of depression.

Because inhaling nitrous oxide causes a feeling of euphoria, it is nicknamed “laughing gas.” This name was given to nitrous oxide by English chemist Humphry Davy, who in 1799 described “feelings of heightened imagination” after inhaling this gas. Experts believe that “easy availability, low price, short-lived effects, and the general perception by users that respiratory use of nitrous oxide is relatively safe and socially acceptable,” make this gas a popular drug around the world, even though its regular use can cause serious damage to the nervous system and sometimes even death.

Adobe Stock Library, image 418760426: “Nitrous oxide metal bulbs or laughing gas recreational drug use” by Ink Drop. Used under Adobe Stock Standard License.

Being concerned about recreational use of nitrous oxide and other inhalants from the public health perspective, government authorities restrict and regulate how nitrous oxide and its products can be manufactured, sold, purchased, and used. This is a relatively new area of regulation with legislation adopted at the beginning of the 2020s.

All countries surveyed attempt to control the circulation of nitrous oxide and limit the legal opportunity for its recreational use. The approaches vary from a ban on the use of this gas for purposes not formally established, to limiting its availability through adding N 2 O to the list of scheduled drugs, or to establishing control over its application without formally prohibiting its use. Even where not outlawed, the recreational use of psychoactive inhalants is strongly discouraged by national health authorities. We found that existing restrictions are usually broad and relate to the production, importation, distribution, advertisement, and possession of psychoactive substances. Some countries specifically prohibit the sale of nitrous oxide for the purpose of recreational inhalation. Others ban the sale of nitrous oxide at specific locations or venues. When reading the report, you will learn about specific details of how national legal regimes implement law enforcement measures in an attempt to impose restrictions on the use, sale, or purchase of laughing gas, pertaining to the amount of substance or the size of the container used for inhaling the gas.

The report also highlights the differences among the countries in prosecuting unlawful handling of laughing gas and describes applicable punishments. This report is supplemented by the table of references to statutes and regulations related to the recreational use of nitrous oxide and other inhalants adopted in seven United States jurisdictions.

The report is an addition to the Law Library’s Legal Reports (Publications of the Law Library of Congress) collection, which includes over 4,000 historical and contemporary legal reports covering a variety of jurisdictions, researched and written by foreign law specialists with expertise in each area. To receive alerts when new reports are published, you can subscribe to email updates and the RSS feed for Law Library Reports (click the “ subscribe ” button on the Law Library’s website). The Law Library also regularly publishes articles related to health, narcotics, and drug abuse, and public health in the Global Legal Monitor.

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