Is NOS now illegal?

In the UK, recreational possession and supply of nitrous oxide (often called “NOS”) are now illegal: since 8 November 2023 it has been classified as a Class C controlled drug, with exemptions for legitimate uses such as medical, dental and food-industry applications. In other countries, the rules vary widely—from full bans on consumer sale and possession (for example, the Netherlands) to state-by-state restrictions (such as in the United States). “NOS” can also refer to an automotive brand (Nitrous Oxide Systems); the gas itself is what is regulated, while lawful industrial or professional uses can remain permitted under specific conditions.

What changed in the UK

The UK government reclassified nitrous oxide as a Class C drug under the Misuse of Drugs Act 1971, effective 8 November 2023. This makes unlawful possession, supply, production, import and export criminal offences, while allowing exemptions for legitimate medical, dental, scientific and certain industrial or food-production uses. Police have powers to seize canisters and take enforcement action, with serious or repeat offenders facing prosecution. The move followed concerns about anti-social use, road safety risks, littering from discarded cartridges, and evidence of health harms linked to heavy or prolonged inhalation.

The following points outline how the UK law works in practice.

• Offences: Unlawful possession can lead to criminal penalties; supply and production attract more severe punishments. Police can confiscate nitrous oxide and pursue out-of-court disposals or prosecution depending on circumstances.
• Exemptions: Legitimate uses (for example, clinical anesthesia/analgesia, dental procedures, research, and whipped-cream charging in catering) are exempt when sourced and handled within applicable regulations.
• Intent matters: Possession for recreational inhalation is unlawful; possession for a clear, legitimate purpose may be lawful when compliant with licensing or regulatory requirements.
• Enforcement context: Officers can act on public use and anti-social behaviour, and may focus on hotspots such as nightlife areas or events where recreational use is suspected.

In short, the law targets non‑medical, recreational use while allowing controlled professional and industrial supply chains to continue.

Where NOS is illegal or restricted now

Policy on nitrous oxide differs by country. Some jurisdictions have introduced outright bans on consumer possession and sale; others restrict sales to minors or criminalize possession with intent to inhale. The examples below are indicative and not exhaustive, reflecting the landscape as of late 2025.

• United Kingdom: Class C drug since 8 November 2023. Recreational possession and supply are illegal, with exemptions for legitimate uses under existing medicines, industrial and food regulations.
• Netherlands: A general ban on consumer sale and possession took effect in 2023, with allowances for medical and certain professional purposes.
• United States: Not federally scheduled as a controlled substance, but many states prohibit sale for human consumption and/or possession with intent to inhale; sales to minors are widely restricted. Food-grade use (whipped-cream chargers) is legal when used as intended.
• France, Belgium, Denmark and others: Restrictions typically include bans on sale to minors, limits on retail packaging, and local measures against public consumption; details vary by country and municipality.
• Australia: Regulations vary by state and territory. Common elements include restrictions on sale to minors, controls on retail display/pack sizes, and offences relating to supply or possession for inhalation.

Because rules change and local bylaws can add extra limits, anyone buying, carrying or using nitrous oxide should check the most current laws where they live or travel.

Legitimate uses and exemptions

Nitrous oxide remains important in healthcare, research and industry. Even where recreational possession is banned, structured exemptions typically allow licensed or regulated use. Documentation and compliance with supply-chain rules are essential to rely on these exemptions.

• Healthcare: Anesthesia and analgesia in hospitals, clinics and dental practices, under clinical governance and medicines regulation.
• Food industry: As a propellant for whipped cream and other culinary applications, when purchased and used by professionals or consumers strictly for food preparation as permitted by law.
• Research and industry: Laboratory work, manufacturing processes, and other technical uses subject to workplace safety and chemical handling rules.
• Automotive/performance contexts: “NOS” is also a brand associated with nitrous systems for engines; any possession of the gas itself must still comply with national drug/chemical regulations and applicable licensing or industrial-use exemptions.

If claiming a legitimate purpose, keep purchase records, supplier details, and any required licences or professional credentials to demonstrate lawful intent.

Driving, public use and safety

Drug‑driving laws apply to impairment from nitrous oxide just as they do to other substances. Even where possession is not per se illegal, using nitrous oxide while driving—or being impaired behind the wheel—is a criminal offence. Public consumption can also breach local orders targeting anti‑social behaviour and littering.

What exactly is “NOS”?

“NOS” commonly refers to nitrous oxide gas used recreationally in small steel cartridges (“whippits”). It is also a trademarked brand in the automotive aftermarket (Nitrous Oxide Systems). Laws typically regulate the gas (nitrous oxide, N₂O) rather than branding. The same chemical can be lawful in a hospital or kitchen but unlawful if possessed or supplied for intoxication.

If you’re unsure about legality

Given the pace of regulatory change, it’s prudent to confirm your position before buying, carrying or using nitrous oxide. The steps below can help you avoid inadvertent breaches.

• Check official sources: Review your national government or state/provincial health, justice or home affairs websites for current rules.
• Ask suppliers: Reputable medical, laboratory or catering suppliers should state permitted uses and any customer eligibility requirements.
• Keep records: Retain invoices and product information showing legitimate purpose (for example, food-grade propellant for catering).
• Avoid public possession for recreation: In places like the UK and the Netherlands, this is now an offence.
• Seek legal advice if charged: Laws and defences (such as legitimate use) can be fact-specific; a qualified lawyer can advise on local nuances.

Taking these precautions reduces the risk of enforcement action and clarifies whether your intended use is permitted.

Summary

Nitrous oxide (“NOS”) is now illegal for recreational possession and supply in the UK (since 8 November 2023), with exemptions for legitimate medical, dental, scientific and certain industrial or food uses. The Netherlands also bans consumer possession and sale, while many other countries restrict sales—especially to minors—or criminalize possession with intent to inhale. Because rules differ by jurisdiction and are evolving, always verify the latest local law and keep documentation if you rely on a legitimate-use exemption.

In what states is NOS illegal?

California and Federal law make it illegal to use Nitrous Oxide as a recreational drug, i.e. to get high.

When did NOS get banned?

We are updating the law to make possession of nitrous oxide illegal from 8 November 2023 if it is, or is likely to be, wrongfully inhaled, by classifying it as a Class C drug under the Misuse of Drugs Act 1971.

Is NOS still legal?

It’s a crime to possess nitrous oxide with the intent to cause a condition of intoxication.

Can you legally have NOS in your car?

Nitrous Oxide isn’t illegal to use in automobile applications on the federal level. That means you are allowed to boost your engine using nitrous oxide according to the federal government. There are specific state laws that make it illegal to use in some locations and also put additional limits on nitrous oxide use.