Government Reclassification of Nitrous Oxide: Why Regulation is a Better Approach Than Prohibition

The New Zealand government has recently announced its plan to reclassify nitrous oxide from a prescription medicine to a psychoactive substance if sold for recreational use, intensifying penalties for both sellers and users. As a leading smartshop in New Zealand, we strongly oppose this move, advocating instead for strict regulation rather than outright prohibition.

Nitrous oxide, commonly known as laughing gas, has well-established medical applications, primarily as a painkiller in dental and medical settings. Given its long history of safe use in controlled environments, it’s counterintuitive to suddenly ban it under the Psychoactive Substances Act (PSA) when sold for recreational purposes. Prohibiting it entirely will only push the market underground, handing control over to organized crime and making it harder to track users and provide harm reduction advice.

We believe a far more effective solution would be to regulate nitrous oxide under the PSA. By implementing strong safeguards, such as limiting purchases to one 10-pack per week, mandating the sale of a B12 supplement alongside the product, and requiring clear safety instructions, we can ensure that recreational use is managed responsibly. Furthermore, nitrous oxide should not be sold to intoxicated individuals, which would help reduce risky behavior.

Prohibition, on the other hand, is unlikely to curb demand. Instead, it risks pushing people toward more dangerous alternatives, such as ketamine and it's analogues or other black-market substances. When nitrous oxide is driven underground, retailers lose the opportunity to monitor usage and offer support, leaving users without access to important safety information. Strict regulation allows for open communication and the ability to address any misuse in a proactive manner.

The government’s decision also feels inconsistent in light of other drug policies. As noted by Students for Sensible Drug Policy president Max Phillips, there’s a clear hypocrisy in cracking down on nitrous oxide while scrapping bans on more harmful substances like tobacco. Cigarettes cause far greater harm to public health, yet the government is choosing to focus on nitrous oxide, which ranks far lower in terms of potential harm.

Public health should always be the priority, but punishing users for nitrous oxide consumption will only discourage them from seeking help or treatment if needed. We support a balanced, evidence-based approach to drug policy that focuses on regulation and education, not punishment. Prohibition has historically failed to reduce substance misuse, and in this case, it will likely create more harm than good. By keeping nitrous oxide under strict regulation, we can ensure safer use and reduce the risks associated with black-market sales.

Let’s choose regulation over prohibition. It’s a smarter, safer path forward for both public health and harm reduction in New Zealand.

Sources: Medsafe - https://www.medsafe.govt.nz/compliance/NitrousOxide.asp
Medsafe - https://www.health.govt.nz/news/medsafe-updating-advice-on-nitrous-oxide-abuse
RNZ - https://www.rnz.co.nz/news/national/528676/government-taking-urgent-action-to-restrict-sale-of-nitrous-oxide
RNZ - https://www.rnz.co.nz/news/political/528822/stores-selling-nitrous-oxide-canisters-unaware-of-government-crackdown
High Alert - https://www.highalert.org.nz/articles/will-nitrous-oxide-impact-my-health/