Published: 22 September 2024
Revised:  3 August 2026

Compliance

Nitrous Oxide Advisory 

What is nitrous oxide?
Risks of recreational use
Regulatory changes and import requirements have been updated in 2026
Sale of nitrous oxide
Potential offences

This advisory, updated in August 2026, provides advice on the law in relation to the supply and use of nitrous oxide for recreational use. It is intended for manufacturers, importers, distributors, suppliers, retailers and users. 

This advisory is issued by Medsafe and the Psychoactive Substances Regulatory Authority.

What is nitrous oxide?

Nitrous oxide is a colourless gas commonly used for:

• a therapeutic purpose (anaesthesia, pain relief, a freezing agent)
• a food additive in the manufacture of whipped cream
• automotive engine performance.

Nitrous oxide is also used recreationally. It can be inhaled from cannisters, using balloons, or ‘crackers’, to achieve a psychoactive effect.

Nitrous oxide, when intended for a therapeutic purpose and presented as such, is a medicine under the Medicines Act 1981. However, if it is intended for, or is used for recreational purposes (ie, inducing a psychoactive effect), it is a psychoactive substance under the Psychoactive Substances Act 2013.

Risks of recreational use

There are many risks when nitrous oxide is used for recreational purposes depending on the circumstances, the amount inhaled and frequency of use. It can cause dizziness and light-headedness, which can seriously affect tasks being undertaken at the time of use. Long-term use can lead to nerve damage and serious neurological effects.

Misuse of nitrous oxide can result in death.

More information about the effects of nitrous oxide is available on the Alcohol and Drug Foundation  (Australia) website.

Regulatory changes and import requirements have been updated in 2026

The following regulatory changes were brought into effect on 5 June 2026 to strengthen the nitrous oxide controls:

• large nitrous oxide cannisters (larger than 10 grams net weight) sold as cream chargers have been declared to have no legitimate use and are automatically regulated as psychoactive substances under the Psychoactive Substances Act 2013
• importation of nitrous oxide is prohibited unless the importer is authorised via a permit issued by the Director-General of Health.

The Ministry of Health has set up a straightforward and robust permit system to allow importers of nitrous oxide for a legitimate use to obtain a permit and continue to import without costs or delays. Those wishing to obtain a permit to import nitrous oxide for legitimate purposes should contact: nitrousoxideregulations@health.govt.nz.

Sale of nitrous oxide

Retailers are responsible for ensuring that they are only selling nitrous oxide for lawful purposes.  

Whilst the legislative changes have clarified that canisters of more than 10 grams are considered to be a psychoactive substance unless an exemption applies, the possession and supply of ANY canister containing nitrous oxide where the intended use is recreational remains illegal.

Where a retailer is selling nitrous oxide, they must take measures to ensure the sale is for a lawful use - asking the customer to provide a disclaimer that a product is not for inhalation does not remove the retailer’s liability under the legislation. It is Medsafe’s view that such disclaimers do not protect retailers from their responsibilities to comply with the law.

Potential offences

When nitrous oxide is supplied for a recreational use (ie, for the primary purpose of inducing a psychoactive effect), the Psychoactive Substances Act 2013 applies.

For avoidance of doubt, the Psychoactive Substances (Nitrous Oxide) Regulations 2026 specify that nitrous oxide is a psychoactive substance if it is in a canister with a net weight of more than 10 grams. This does not apply to nitrous oxide used as a medical device for use in manufacturing, welding, or in relation to fuel; or used in any scientific, educational, or commercial laboratory.

No products containing nitrous oxide have been approved under the Psychoactive Substances Act. It is therefore illegal to supply nitrous oxide in any form or container for a recreational purpose (psychoactive effect).

For selling, supplying, offering to sell or supply and possessing for sale or supply an unapproved psychoactive substance, the penalty on conviction is a term of imprisonment not exceeding two years for an individual or a fine not exceeding $500,000 for a company (section 70 Psychoactive Substances Act).

When an individual is found to have an unapproved psychoactive substance in their possession, the penalty on conviction is an infringement fine not exceeding $500 (section 71 Psychoactive Substances Act).

Nitrous oxide is a prescription medicine when intended for a therapeutic purpose.

Offences under the Medicines Act 1981 may also be applicable.

For selling a prescription medicine by retail other than from a licensed pharmacy on prescription of an authorised prescriber, the penalty on conviction is a term of imprisonment not exceeding six months or a fine not exceeding $40,000 (section 18 Medicines Act 1981).

For selling, distributing, and/or advertising unapproved medicines, the penalty is a term of imprisonment not exceeding six months or a fine not exceeding $20,000 (for an individual) or a fine not exceeding $100,000 for a company (section 20 Medicines Act).

For possession of a prescription medicine without reasonable excuse, the penalty is a term of imprisonment not exceeding three months or a fine not exceeding $500 (section 43 Medicines Act).