In recent weeks, there have been frequent reports of incidents resulting from nitrous oxide use. Think, for example, of accidents caused by using nitrous oxide behind the wheel or excessive use at events. A understandable reaction is that nitrous oxide should be banned, but is this the solution to what is happening now?
You may wonder whether banning the substance will solve the problem. After all, there are enough other substances that are prohibited but are still used. In addition, a ban requires enforcement capacity. The question is whether this capacity is available and whether, as a society, we want to invest extra in it. Recent reports focus on nitrous oxide as the substance used by people who participate in traffic while under the influence, but the same also happens with alcohol, which is not prohibited. In short: should we look at the substance itself or at how the user deals with it? Is it possible to influence behaviour and thus prevent incidents?
Nitrous oxide and the Commodities Act
Since 1 July 2016, nitrous oxide has been covered by the Commodities Act. It is therefore a commodity that may be freely traded, provided that the seller complies with the obligations under the Commodities Act. Previously, nitrous oxide was covered by the Medicines Act. This changed as a result of a decision by the European Court.
Nitrous oxide is no longer regarded as a medicinal product with a therapeutic effect, meaning that it no longer falls under the Medicines Act. As a result of the decision, trading in nitrous oxide is not prohibited. The use of nitrous oxide was and is not prohibited. This also applies to (other types of) drugs. The legislator considers it important that people who develop a health problem while under the influence of drugs have unhindered access to medical care.
The current legal status of nitrous oxide does not mean that nothing can be done to limit its availability and reduce its use. Municipalities play an important role in this.
Reducing normalisation
Because nitrous oxide is highly available and visible, both on the street, in regular nightlife and at festivals and events, normalisation occurs: ‘it is part of it’. To counter this, municipalities can limit the availability of nitrous oxide in these places. For example, by including a provision in the event permit that prohibits the sale of nitrous oxide. Or by including a provision in the General Municipal By-law that addresses use on the street. This makes the use of nitrous oxide less normal, which can help reduce its use.
Guidance on nitrous oxide for municipalities
How can you limit nitrous oxide use in your municipality? How do you engage in conversation with users? What informational materials can you use? These and other questions are answered in the guide ‘Nitrous oxide: From concerns to action’.
Nitrous oxide in traffic?
Not a good idea! Participating in traffic while under the influence of substances can be dangerous. Using nitrous oxide shortly before or while participating in traffic is not a good idea. Why? Using nitrous oxide causes a brief but intense high. This high distorts your consciousness in a way that resembles being drunk. The high itself lasts about half a minute, but the effects can linger for longer. In general, it is said that you should wait at least an hour after the last dose of nitrous oxide before you are able to drive again, but this may vary from person to person.
What can I do myself?
First of all, realise that nitrous oxide was never brought onto the market for use as a consumer product. So the best advice is not to use it, and certainly not behind the wheel. If you do want to use it, find out about the risks and ways to reduce them.