Dáil Éireann Debate, Wednesday - 21 January 2026
291. Deputy Pádraig O'Sullivan asked the Minister for Health the current legal status of nitrous oxide in Ireland; the legislation under which its sale, possession, or use is regulated; and if she will make a statement on the matter. [4641/26]
View answerNitrous oxide falls under the definition of a psychoactive substance and is addressed under two pieces of legislation.
Section 3 of the Criminal Justice (Psychoactive Substances Act) 2010 states that a person who sells a psychoactive substance knowing or being reckless as to whether that substance is being acquired or supplied for human consumption shall be guilty of an offence.
Section 74 of the Child Care Act 1991 states that it shall be an offence for a person to sell, offer or make available a substance to a person under the age of eighteen years or to a person acting on behalf of that person if they know or have a reasonable cause to believe that the substance is, or its fumes are, likely to be inhaled by the person under the age of eighteen years for the purpose of causing intoxication.
Responsibility for these Acts rests with the Department of Justice, Home Affairs and Migration and the Department of Children, Disability and Equality respectively. The Minister for Justice, Home Affairs and Migration has indicated that the legislation governing nitrous oxide will be reviewed in the coming months.
The HSE website, Drugs.ie, and its social media channels provide content on nitrous oxide that is informative, helpful and shareable for parents and young people. The HSE social media team respond directly to questions about nitrous oxide and inhalants through direct messages on all channels.
I have published the draft successor to the national drugs strategy which seeks to protect individuals, children, families and communities from the harmful effects of drug and alcohol use.
