Publication date: August 21, 2025
Application in medicine
Laughing gas, or nitrous oxide (N2O), is legal in Poland and used exclusively for medical purposes by authorized entities such as hospitals and private clinics. Its medical uses include anesthesia during dental, surgical, and gynecological procedures, as well as pain management. In medicine, nitrous oxide is considered a medical device or medicinal product, depending on its use and form. In medical practice, it is a medicinal gas used under the supervision of qualified personnel, meaning its sale and use are strictly regulated. In Poland, nitrous oxide is available in pharmacies and pharmaceutical wholesalers, but only by prescription and to medical entities.
Application in the food industry
Nitrous oxide is also used as an ingredient for frothing whipped cream in the catering industry. Special nitrous oxide cartridges are used for this purpose, and these cartridges must meet food-grade requirements, including appropriate packaging and labeling. In this case, the gas is not a medical device, but a food product, requiring separate procedures and compliance with food safety standards.
Regulations on possession and sale
In Poland, there is no general ban on purchasing nitrous oxide for purposes other than medical or food, but selling it outside of these purposes is considered circumvention of regulations. Selling nitrous oxide, for example, in discos or for recreational purposes, is illegal and circumvents regulations governing medical devices and food products. Possession and use of nitrous oxide outside of permitted purposes may result in civil liability. To pursue compensation for damages related to the illegal use of nitrous oxide, it is necessary to demonstrate the unlawfulness of the act, i.e., a violation of applicable regulations regarding the sale and use of this gas.
Nitrous oxide is a colorless, non-flammable gas with anesthetic and analgesic effects. In Poland, it is permitted for medical and food use, but is not covered by the Act of 29 July 2005 on Counteracting Drug Addiction (Journal of Laws of 2023, item 1939, as amended ), which means it is not classified as a narcotic. However, its use requires meeting quality and safety standards, particularly in the case of medical applications. An example here is Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives (OJ L 354, p. 16, as amended). This substance is subject to EU regulations, including REACH Regulation (EC) 1907/2006 and EU Regulation 2020/878, which set out requirements for the classification, labelling and safe use of chemical substances.
The role of the Polish Chief Sanitary Inspectorate (GIS)
Polish Chief Sanitary Inspectorate (GIS) supervises and controls the safety of nitrous oxide, issuing administrative decisions regarding the legality of trade and use of this product. In the event of violations, the GIS may take action to withdraw the product from the market or impose sanctions. The GIS also issues guidelines for the State Sanitary Inspectorate (SSI) regarding the maximum permissible concentrations and intensities of harmful factors in the workplace. Regarding nitric oxide (NO), the GIS recommended extending the transitional period for permissible concentration standards in the underground mining and tunneling sector until August 21, 2026.
Legal situation in Germany
It is also important to follow the legal situation in other EU countries in this respect. For example, Germany’s new Health Minister has announced a ban on the use of nitrous oxide as a psychoactive substance at events and festivals. Restrictions on sales, particularly by mail order, are also planned to make it more difficult for young people to access the gas. Several German cities, such as Hamburg, Frankfurt am Main, Hanau, Dortmund, and Osnabrück, have already introduced bans on the sale of nitrous oxide to children and adolescents. The main reason for the tightening of regulations is the growing abuse of nitrous oxide for recreational purposes, which is associated with serious health risks, including the risk of neurological damage and fatalities (in 2023, 11 deaths related to the use of this gas were recorded in Germany). Nitrous oxide remains legal in Germany for medical and industrial purposes (e.g., catering), making a complete ban on its sale difficult to implement. However, German Health Minister is considering including nitrous oxide on the list of psychoactive substances, which would allow for more restrictive regulations on sale and possession.