Nitrous oxide laws in the Netherlands

The ban in one paragraph

After a government risk assessment, the Dutch government placed nitrous oxide (dinitrogen monoxide, N₂O) on List II of the Opium Act by a decree of 17 November 2022, effective 1 January 2023. Article 3 of the Act prohibits, among other things, bringing it into or out of the country, selling, transporting, possessing and manufacturing it. According to the Association of Netherlands Municipalities (VNG), merely using it is not itself an offence under the Opium Act — but you can’t use it without having it, and possession is prohibited.

The exceptions

Medical

Doctors, pharmacists and hospitals need no exemption. Manufacturers and wholesalers of medical nitrous oxide need an Opium Act exemption.

Culinary

Use as a food additive, for example whipping cream (Article 15a, Opium Act Decree).

Technical

For example extra power in combustion engines; supplied directly from producer to end user.

‘Punishable, unless…’

The ban works on a ‘punishable, unless’ basis: if nitrous oxide is found on you, you have to make it plausible that it falls under an exception. Private buyers may get at most one pack of ten chargers per purchase, and holding more than ten is a strong indication that it isn’t for culinary use (explanatory note to the decree).

Penalties

Police and prosecutors have enforced the ban since 1 July 2023. According to the Public Prosecution Service, one charger or balloon is a personal-use quantity that a first-time offender must give up. Larger amounts lead to a fine or community service; very large amounts can lead to prison, and repeat offences to an unconditional prison sentence of several months.

Who enforces it?

Enforcing the Opium Act is a police matter. Municipal enforcement officers act under local bylaws. Mayors can also issue warnings, impose penalty payments or close premises under Article 13b of the Opium Act.

Driving

Nitrous oxide disturbs perception and coordination; DrugsInfo says driving ability is probably reduced for the first hour after use. Article 8 of the Road Traffic Act 1994 separately prohibits driving under the influence of a substance you know, or should know, can reduce your driving ability.

Disposal

Nitrous oxide cylinders are hazardous waste and must not go in normal bins. See Nitrous oxide cylinders.