The Government will “clarify the law” around the sale of nitrous oxide making it easier for police to prosecute recreational sales, the Health Minister has announced.
Minister Shane Reti announced health officials had issued new advice this morning.
Medsafe now advises that when nitrous oxide has been sold primarily for the purpose of inducing a psychoactive effect, the Psychoactive Substances Act will apply, according to Reti’s office. Previously, nitrous oxide had been considered under the Medicines Act.
No products containing nitrous oxide have been approved for use under the Psychoactive Substances Act, making it illegal to sell products containing nitrous oxide for recreational use. A breach of the law is punishable by either prison time or a fine.
Reti said: “Smokefree enforcement officers have even reported seeing nitrous oxide products – nangs – for sale in vape stores. This is extremely concerning.
“Given the significant risks and the potential for long-term damage, and a number of overlapping portfolios in this area, last month I requested officials look at options on the Government’s behalf to address it.
“Last week, I received advice from the Ministry of Health about a change in approach that would clarify the law for suppliers and users of nitrous oxide. This will enable police to prosecute the sale and use of nitrous oxide for recreational use.”
People who sell, offer to sell, or possess to sell nitrous oxide for recreational use are liable to penalties on conviction of up to two years imprisonment for an individual, or a fine of up to $500,000 for a company, under the Psychoactive Substances Act.
The Health Minister added: “I have directed the Ministry of Health to monitor the effectiveness of this change and provide ongoing advice about whether further restrictions are necessary to keep New Zealanders safe.”
Health Minister Dr Shane Reti hopes members of the public will dob in rule-breakers. (Source: 1News)