Nitrous oxide falls under the definition of a psychoactive substance and is already 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 he knows or has 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 HSE and various community groups are monitoring the situation regarding nitrous oxide and are responding appropriately to the rise in its use. Through public awareness campaigns, harm reduction advice, and engagement with at-risk groups, they are working to mitigate the very real health risks, including nerve damage.
As a key part of this approach, the HSE has disseminated a harm reduction factsheet, detailing risks, effects, and advice, to Drug and Alcohol Task Forces, student unions, and at festivals. Additionally, parents are also supported with information through various formats, including the drugs.ie website, dedicated factsheets, and a series of webinars.
Significant support is being provided for drug prevention. In 2023, a first of its kind funding programme to support evidence-based drug prevention initiatives was launched, providing €1.5 million to date. This funding has supported five projects and represents a significant step in developing our approach to drug prevention in Ireland.
I am committed to strengthening the prevention of drug use among children and young people in the forthcoming national drugs strategy.