The legality or prohibition of nitrous oxide is determined by the Narcotics Act in Germany. The BtMG lists all substances punishable in the Federal Republic in a so-called positive list. It does not matter whether the substance has a potential for addiction or can be used for the purpose of intoxication. Nitrous oxide is not currently on this list and is unlikely to be included in future years. But is nitrous oxide completely legal? If it`s done correctly, then it`s actually legal. However, many sellers are not aware of this. Many rules are attached to nitrous oxide, as it is classified as a hazardous substance. Gas cylinders have rules that the cylinder must comply with. For example, the top of the cylinder should be colored blue. There are also regulations for transporting large quantities of nitrous oxide and storing large quantities. Many nitrous oxide sellers do not know this and run the risk of receiving high fines.

Thus, the CJEU confirmed on two BGH referrals that criminalisation of (addictive) substances through the backdoor of the AMG is not allowed. It is solely for the legislator to decide which substances are legal and which are not. It is not for the case-law to adopt arbitrarily that decision on the definition of nitrous oxide by means of the concept of medicinal product. The drug itself is relatively cheap. And it`s legal. In the Netherlands, there is a growing trade in gas, which used to stun dental patients. Addiction experts are worried. The substance itself is also legal in Germany, but not for intoxication purposes. Nevertheless, according to a three-year study by the University of Frankfurt, twelve percent of young people in Germany have tried nitrous oxide, and the trend is rising.

It`s not addictive; The health risk with occasional use is low, overdose can lead to numbness, nerve damage and paralysis. In the Netherlands, N₂O was removed from the list of medicines in 2016 following a ruling by the Court of Justice of the European Union. It opened up a field for smart guys like Deniz. Nitrous oxide is now an important part of our lives. The substance with the chemical name nitrous oxide is found, for example, in cream capsules or packaging. In recent years, nitrous oxide has also been increasingly used as a mood maker at parties. But is it really legal? What is the legal status of the consumption and purchase of nitrous oxide? And can I lose my driver`s license after consuming nitrous oxide? Is nitrous oxide legal? That`s what a lot of people are wondering. Until recently, the sale of nitrous oxide was not officially legal, as it fell under the list of drugs. And everything on the drug list is very strictly monitored and there are many laws. But the fact that nitrous oxide is on this list has changed since July 2016. Due to a ruling by the European Court of Justice, nitrous oxide has been subject to the Consumer Goods Act since July. To learn more, click here.

It is the law that applies to anything that can be sold as a “commodity”, regardless of the associated health that certain uses may cause. In concrete terms, this means that nitrous oxide is now treated like any other commercial product. This means that the sale of nitrous oxide has been officially legal since July 2016! The purchase of nitrous oxide, actually whipped cream cartridges, has always been legal. Because research has shown that nitrous oxide is not harmful, intervention is therefore not necessary. The possession of nitrous oxide is therefore completely legal in Germany. But what about consumption? Again, there are no legal problems. In any case, the consumption of any substance is legal in Germany and because of the general freedom of action without penalty. However, use is usually also based on possession, which is why, for example, you might still have problems with illegal drugs such as marijuana. Since possession of nitrous oxide is not prohibited, there are no difficulties here. The new legislation that has now introduced nitrous oxide into the Goods Act means that anyone in the Netherlands can simply buy the product. There are also no age rules, so if you`re under 16 or under 18, it doesn`t affect whether you can buy nitrous oxide or not.

The same goes for young people. However, a reseller is always free not to authorize the purchase in case of suspicion, but this remains the responsibility of the reseller. A whipped cream syringe needs whipped cream cartridges to work, and everyone should know for themselves what people are doing with the product they bought. This is less worrisome now that research has shown that nitrous oxide has proven to be harmless. In short, where the purchase of whipped cream cartridges has long been legal, the sale of nitrous oxide is now also legal, i.e. whipped cream cartridges injected into a balloon, which are completely legal. Bottom Line: Recreational use of nitrous oxide is legal as long as you have a reliable supplier who follows the rules and you don`t use medical nitrous oxide. The legal provisions depend on the intended use: if nitrous oxide is used for technical purposes, possession, acquisition and transfer are legal. Medical nitrous oxide, on the other hand, is subject to the German Medicines Act. The sale of nitrous oxide for the purpose of intoxication (e.g., in nitrous oxide-filled balloons) is punishable as unauthorized placing on the market of a drug and prosecuted. Since July 2016, nitrous oxide in a balloon has been subject to the Consumer Goods Act and no longer to the Medicines Act. The purchase, sale and use of nitrous oxide has been legal since July 2016.

Previously, the police had taken action against the sale of nitrous oxide. Supervision is no longer provided by the police, but by the Food and Consumer Product Safety Authority, also known as NVWA. The reason nitrous oxide has become legal is that no serious health effects are expected with average recreational use. There is therefore no reason for the NVWA to take enforcement action, even though nitrous oxide is a drug. The AMG covers substances defined as medicinal products in § 2 AMG. These include substances that are intended or can be administered to cure or relieve diseases in order to influence physiological functions by means of a pharmacological effect. Until 2014, the government and the judiciary in the fight against “legal highs” simply helped each other by summarizing them simply under § 2 AMG. This meant that they were subject to authorization and that the authority had legality in its own hands. This changed in 2014 with the case law of the CJEU. The first nitrous oxide shop has opened in the Netherlands and Denmark is currently discussing the regulation of nitrous oxide sales. Because: Nitrous oxide is dangerous. Not just because it`s legal to buy.

However, medical nitrous oxide is not legal because it still falls under the Drugs Act. The nitrous oxide you use from a balloon is safe for food and intended for human consumption. It also doesn`t make sense to use medical nitrous oxide instead of food grade. The difference between medical nitrous oxide and food-grade nitrous oxide is that medical nitrous oxide contains oxygen. This is intended to be used by a medical mask and not by a balloon. If you continue to inhale the balloon, the oxygen will also run out and it won`t help. But he doesn`t want to annoy anyone, Deniz says, but rather help the police and city dwellers. If you want to take nitrous oxide, take it. It is better for someone like him to “steer consumption in the right direction”, especially since alcohol is much worse, which bothers no one.

His employees – who, like him, come from Amsterdam West and have an immigrant background – legally strangle their bread instead of turning twisted things: “Nice, isn`t it? And everyone pays a lot of taxes. He himself, he says, wins “broken” with this company. In states where cannabis is legalized, sales of snacks and candy are increasing particularly sharply. Because the active ingredient THC suddenly makes cardboard-fed people hungry again. Mixed use with other legal and illegal substances increases the risk of incalculable intoxication. The risk of damage to health also increases and/or increases. Interactions with other substances: This is a big misunderstanding. Nitrous oxide for recreational use is completely legal. But where does this misunderstanding come from? Leila Schmidt is one of many young people who consume nitrous oxide. In Frankfurt am Main, 12% of 15- to 18-year-olds said in a study conducted by drug researchers at the University of Frankfurt that they had already tried the gas of the capsules that are actually used to foam cream. In the national report on drugs, the legal drug is not yet listed. But even in the Netherlands, gas is increasingly becoming a popular and inexpensive party drug.

According to the Dutch report on drug addiction, one in five young people aged 20 to 24 has inhaled nitrous oxide.