Is Nitrous Oxide legal in Portugal?

Also known as: laughing gas, whippets, nangs

Legal status

Controlled as a new psychoactive substance. Nitrous oxide was added to the list made under Decreto-Lei n.º 54/2013 by article 2(3) of Portaria n.º 232/2022, de 7 de setembro, and appears in the republished annex as item 124, "Óxido nitroso (N2O)". It is not in the tables of Decreto-Lei n.º 15/93.

Consequences if caught

Article 2(3) of Portaria n.º 232/2022 reads that nitrous oxide is included in the list of new psychoactive substances, and the annex republished by article 3 of the same portaria carries it at item 124. Where the regime does apply, article 4 provides that it is prohibited to produce, import, export, advertise, distribute, sell, hold or make available a new psychoactive substance, except for industrial or pharmaceutical purposes when duly authorised. Article 10 makes a breach of article 4 an administrative offence with a fine from 750 to 3,740 euros for an individual and from 5,000 to 44,890 euros for a body corporate, and article 10(2) applies Lei n.º 30/2000 with the necessary adaptations to holding for mere personal consumption. The recital to the portaria gives the reason, that the gas was being used for purposes other than the industrial or medical ones expressly provided for. The industrial and pharmaceutical exception in article 4 is what leaves the medical anaesthetic gas and the food additive use untouched, so the listing bears on recreational supply and holding rather than on those authorised uses. The list was read as republished in full by Portaria n.º 232/2022, de 7 de setembro, which entered into force on 8 September 2022. Anything added after that date was not available here.

If prescribed or medical

Medical nitrous oxide remains an authorised anaesthetic gas and is administered by clinicians rather than dispensed to a traveller. A traveller has no prescription route to carry the recreational product.

Documentation

Carry any prescribed medicine in its original packaging with the prescription. There is no traveller documentation that authorises carrying nitrous oxide for recreational use.

Drug laws and enforcement change and vary within a country. This is not legal advice. Always confirm with Portugal’s embassy or official drug authority before traveling; penalties can be severe, including imprisonment.