Nitrous oxide has increasingly been sold, and used, as a recreational drug. The government is tightening regulations, but some argue other substances should be prioritised. Gabi Lardies explains.

“This cannot continue,” said health minister Shane Reti on Sunday, announcing the government’s restrictions on the sale of nitrous oxide, also known as laughing gas, nangs, nos or nitrous (depending on your generation). Its sanctioned uses are in “cream chargers” for whipped cream dispensers and as pain relief during medical or dental procedures – but increasingly, people are inhaling the gas as a recreational drug. If you’ve ever seen shiny cylindrical metal cartridges about the size of a cheerio in the gutter or littered in a park, it’s because someone hasn’t cleaned up after their fun.

Drug info site The Level describes the effects of nangs: they make users feel relaxed, euphoric, giggly, dizzy and uncoordinated. Nitrous can also cause hallucinations, and some people describe being trapped in a spiral or time-warp or being separated from their bodies. The effects are usually short-lasting, from 30 seconds to five minutes, and very few people report comedowns. Recreational use is reported to be on the rise not only in New Zealand, but also in Australia and the UK.

Sounds fun. So why can’t it continue?

In August, Reti said he had sought advice on whether more regulations were needed to address the recreational use of nitrous oxide. Last week, Medsafe and the Psychoactive Substances Regulatory Authority delivered that advice – when nitrous oxide is sold primarily for the purpose of inducing a psychoactive effect, the Psychoactive Substances Act 2013 should apply.

Many outlets sell nangs under the guise of a culinary product. But in August, Stuff found a Christchurch vape shop – not somewhere dessert enthusiasts typically frequent for their supplies – selling industrial-sized (3.3 litre) canisters of nitrous oxide. There are numerous online retailers selling 10 packs of 10 cream chargers and promising round-the-clock same-day delivery. The fact they also sell shisha supplies, ice, bottle openers, mixers like coke and sprite and drinking games shows they’re clearly aiming for the party market rather than bakers. Since Sunday’s announcement, at least one is offloading those packs in bulk, offering them for less than half price in a “fire sale”. Nangs are also available in many dairies. 

Now, the Psychoactive Substances Regulatory Authority has advised that nitrous be considered a psychoactive substance under the Psychoactive Substances Act 2013 when being supplied for recreational use, with penalties of up to two years’ jail time and a fine up to $500,000 for selling, and a fine of up to $500 for possessing.

Could shops continue to sell nangs as cream chargers?

The advisory is particularly concerned that trade of nitrous oxide is happening “through retailers with little connection to the catering industry”.

Some retailers have disclaimers that the products are only sold for catering purposes. The advisory says this is not sufficient. Nor is asking the customer to declare that a product is not for inhalation. The retailer will still be liable under the legislation – perhaps even more so, as “Inclusion of a disclaimer could suggest that the retailer is aware the products they sell are likely to be used primarily for inducing a psychoactive effect.” 

It’s sending a pretty clear message to retailers, and the rules came into effect immediately. Still, some in the Auckland CBD were unreported to be unaware of the announcement yesterday morning.

Why make nangs hard to get?

While using nitrous oxide recreationally has some negative effects, they are comparatively low. A study ranking the harm of different drugs in New Zealand, published in June 2023, placed it last. The study considered overall harm – harms experienced by those who use the drug and harm experienced by others. The most harmful drug was alcohol, followed by methamphetamine. 

Still, getting high off nangs can have negative effects that last beyond those few buzzy seconds or minutes. Long-term nitrous oxide use can cause vitamin B12 deficiency, and this can make you feel tired, breathless, confused and depressed, among other symptoms. Vitamin B12 deficiency can also cause severe nerve damage and spinal cord damage. A study by Auckland City Hospital found that the sensory nerve damage due to nang use caused some patients to be unable to walk or feel their limbs for many months.

In May, a woman in Auckland lost the movement of her legs after inhaling nitrous oxide. This continues a trend Auckland City Hospital has seen –  a sudden increase in patients admitted with severe spinal injury due to abuse of nitrous oxide in the past two years. In 2021 a Christchurch woman woke up paralysed from a nitrous oxide addiction, and called for revised regulations around its supply.

Other long-term effects of nitrous oxide include memory problems, limb weakness and depression – but these effects may also be the result of low vitamin B12.

There is also the possibility of something going wrong on the spot. If a large amount of nitrous oxide is inhaled, or the person has certain pre-existing health conditions or doesn’t get enough oxygen, they can faint, have a heart attack, or die. If it’s not taken properly, nitrous oxide can cause frostbite to the nose, lips and throat (including vocal cords).

What is being said about the changes?

The Drug Foundation’s policy director Jacek Kolodziej told RNZ this week that while some harm is caused by nangs, there are more harmful drugs, like alcohol, which needed attention. On the Drug Foundation website, an article published in 2021 quotes University of Auckland’s Centre for Addiction Research associate director David Newcombe as saying, “Nitrous oxide has way less potential for harm than alcohol… There are some harms that can come with using it, but it has a relatively low potency and the effects dissipate quickly.”

Kolodziej said penalising users was “not very effective and leads to a reduction in people seeking treatment”. The Drug Foundation’s executive director Sarah Helm told Pacific Media Network she was concerned about users ending up with criminal convictions, which can mean “their lives are wrecked”.

Students for Sensible Drug Policy Dunedin’s president Max Phillips said cracking down on nitrous oxide while scraping Smokefree laws was hypocritical. He said the move was an easy way to score political points.

What do other countries do?

In recent years, other countries have also cracked down on nitrous oxide. In March, Western Australia introduced the “toughest” nang laws in the country, to be introduced later this year. Only registered food businesses, some businesses with liquor licences and people approved by the Department of Health will be able to buy nitrous oxide, in small canisters only. Retailers will face fines of up to $30,000 if they don’t follow the laws.

In the US, nitrous oxide is regulated under the Food Drug and Cosmetics Act. Some states, such as Iowa and California, have outlawed sales and recreational use. In Arizona, California and Connecticut, it can only be sold to people over 18, and in New York state to people over 21.

In the UK, nitrous oxide was classified as a Class C drug in 2023. Someone who intends to use it for a psychoactive effect could face fines, visible community punishment, and a caution (which appears on criminal records). Repeat serious offenders could face prison. The prison sentence for production, supply, importation or exportation of nitrous oxide for unlawful purposes was doubled from seven to 14 years. Even legitimate suppliers could be committing an offence if they are reckless as to whether someone is buying their product for recreational use.