dpa | The sale of nitrous oxide in cartridges has been largely restricted since Sunday. The new regulation is primarily intended to protect health: because the gas is used as a party drug, minors nationwide may no longer purchase or possess nitrous oxide. Online trade and sales at vending machines are also banned. The law by Health Minister Nina Warken (CDU) also includes “knockout drops,” as used by sex offenders.
A transition period of three months preceded the entry into force to enable the changes in trade and at vending machines. The previous government pursued similar plans, which it could not realise due to its premature end. Subsequently, regional nitrous oxide bans had already been introduced in parts.
Where is the problem?
“Nitrous oxide is not a game and not a harmless party drug, but a high health risk,” Warken said at the parliamentary decision in November. Allegedly harmless industrial chemicals must no longer be misused. Because consequences could include loss of consciousness and permanent damage to the nervous system. Nitrous oxide, i.e., dinitrogen monoxide (N2O), is often inhaled as a euphoric substance through balloons. Direct consumption from cartridges can cause frostbite and lung tissue injuries due to the cooling and the gas pressure.
What does the law regulate about nitrous oxide?
What is intended is to curb the relatively easy availability. In the future nitrous oxide and preparations thereof in cartridges with a fill quantity of more than 8.4 grams will fall under a statutory “handling ban” for new psychoactive substances. Purchasing and possession for minors are explicitly prohibited. In general, vending via vending machines and mail order to private consumers will be prohibited. For adults, a maximum of ten cartridges per purchase, each containing 8.4 grams, will be allowed.
Are there exemptions?
Because the gas is also used for other purposes, exemptions from sales bans are provided: nitrous oxide cartridges with up to 8.4 grams of filling may remain on the market, used for whipping cream, for example. The initially proposed limit of exactly 8 grams had been slightly raised by the Union and SPD in the consultations. This is intended to account for filling-volume fluctuations and also reduce the burden on manufacturers.
What do police and medical experts say?
The Police Union welcomed the bill. Because nitrous oxide consumption, especially in the party context, had massively increased, in part due to unregulated availability. At the same time, the union called for a nationwide information campaign. It remains questionable whether the currently permissible fill quantity is low enough – it corresponds to roughly the volume of a balloon and could be easily abused for consumption. The German Medical Association therefore advocated a limited sale quantity and also called for a ban on any form of advertising and sponsorship.
What should doctors recommend now?
The German Medical Association urged “adequate controls.” Violations should be punished accordingly, said board member Christine Neumann-Grutzeck to the German Press Agency. “The success of measures for youth protection and health protection largely depends on implementation.” Supervisory authorities are tasked with this.
According to the Federal Ministry of Health, police and state prosecutors are responsible. “These authorities monitor compliance with the law, investigate violations and initiate criminal proceedings.” The German Medical Association urged continued monitoring of consumption and abuse “to counteract with prudent measures and, if necessary, tighten the law.”
What is regulated regarding knockout drops?
The law also regulates restrictions for the chemicals gamma-butyrolactone (GBL) and 1,4-butanediol (BDO). They are known as knockout drops. A few minutes after ingestion, victims feel dizzy and can lose consciousness. Perpetrators use this window for sexual offenses. The Federal Drug Commissioner Hendrik Streeck (CDU) spoke of “a means of targeted chemical violence.” Therefore, it was prohibited to bring both substances to the market. Trade and manufacture were also forbidden.