The use of nitrous oxide as an intoxicant has increased significantly in recent years and can pose significant health risks, including the risk of death. The prevalence of nitrous oxide use for intoxication is alarming. It is particularly troubling that many children and adolescents have tried nitrous oxide to become intoxicated. It is important that its use is denormalized. Therefore, specific regulation on the sale of nitrous oxide is proposed. The purpose of the new law on nitrous oxide is to counteract the use of nitrous oxide as an intoxicant. This reduces health risks, especially for children and young people, and protects public health.

Nitrous oxide shall not be sold, or otherwise supplied in the course of trade if there is particular reason to assume that the nitrous oxide will be used as an intoxicant. A maximum of 18 grams of nitrous oxide may be sold, or otherwise supplied in the course of trade to a private individual per purchase. The sale, or release shall concern a maximum of two containers, each with a capacity of not more than 9 grams of nitrous oxide. The quantity limit shall apply only to private individuals, and not to sales to traders. Additionally, nitrous oxide shall not be sold, or otherwise supplied in the course of trade to persons under the age of 18. The import of nitrous oxide shall be regulated with the corresponding quantity limitation and age requirements. The marketing of nitrous oxide shall be prohibited in breach of the prohibitions and restrictions laid down in the new Act. Retail sales of nitrous oxide shall be permitted only after the sale has been notified to the responsible authority. Supervision may be exercised over the provisions of the new Act and the regulations issued pursuant thereto. Fees may be charged for the notification and supervision of nitrous oxide sales. Anyone who intentionally or negligently sells, or releases nitrous oxide in violation of certain provisions of the Act shall be sentenced for unlawful handling of nitrous oxide to a fine, or to a term of imprisonment not exceeding six months. Medical nitrous oxide is already covered by effective legislation in the field of medicinal products and shall not be covered by the new Nitrous Oxide Act.