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Legality · Poppers

Are Poppers legal in United Kingdom?

Also known as: alkyl nitrites, rush

Confirmed against a primary sourceVerified October 3, 2026
Legal status
Poppers is a market label for alkyl nitrite liquids, such as isobutyl, isopropyl, pentyl and amyl nitrite, sold to be inhaled. None of them is named in Schedule 2 to the Misuse of Drugs Act 1971 as in force on 2 October 2026, and as nitrous acid esters of simple alcohols, with no amine and none of the ring systems the generic paragraphs describe, they fit no generic paragraph, so they are not controlled drugs. Whether the Psychoactive Substances Act 2016 reaches them turns on its effect test, «by stimulating or depressing the person's central nervous system, it affects the person's mental functioning or emotional state», which the Act does not apply to alkyl nitrites by name either way, and Schedule 1 to that Act lists no exemption for them. The ACMD report Alkyl nitrites: ACMD exemption consideration, which states that it was updated on 9 August 2024 and was read on 2 October 2026, records that «A Court of Appeal judgment made in relation to a case involving nitrous oxide has since confirmed that substances which have an indirect psychoactive effect are captured by the 2016 Act (R v Rochester [2018] EWCA Crim 1936).» and that alkyl nitrites «are also subject to the PSA, irrespective of whether these effects are direct or indirect»; that is a reading of a judgment and not the statute, and the judgment itself was not read for this cell: the National Archives Find Case Law returned HTTP 404 for [2018] EWCA Crim 1936 and no result for a search on Rochester and psychoactive substances, and BAILII served an automated bot challenge, which was not bypassed. The same report says «The ACMD recommends that alkyl nitrites should be exempted from the PSA 2016 by addition to Schedule 1 of the Act.» but Schedule 1 to the 2016 Act, read today, contains no alkyl nitrite exemption, so the recommendation has not been acted on in the text. The text read is the legislation.gov.uk revised text of the Act as in force on 2 October 2026, whose Schedule 2 page states «There are currently no known outstanding effects for the Misuse of Drugs Act 1971, SCHEDULE 2.» The last amendment that text incorporates is the Misuse of Drugs Act 1971 (Amendment) (No. 2) Order 2024, S.I. 2024/1361, in force 15 January 2025; a title search of the same site for 2025 and 2026 found no later amending Order, and the draft Misuse of Drugs Act 1971 (Amendment) Order 2026 is marked «This is a draft item of legislation and has not yet been made as a UK Statutory Instrument.» Schedule 2 moves by Order in Council under section 2(2), which reads «Her Majesty may by Order in Council make such amendments in Schedule 2 to this Act as may be requisite for the purpose of adding any substance or product to, or removing any substance or product from, any of Parts I to III of that Schedule», so this does not rule out a later amendment. Section 2(1)(a) also makes a controlled drug of anything specified «in a temporary class drug order as a drug subject to temporary control (but this is subject to section 2A(6));» the only such Order found in force, the Misuse of Drugs Act 1971 (Temporary Class Drug) Order 2026, S.I. 2026/613, in force from 11 June 2026 for one year, lists seven synthetic opioids of the orphine type, from cychlorphine to 5,6-dichlorobrorphine, and this row is not among them.
Consequences if caught
Capital exposure: none. No provision of the Misuse of Drugs Act 1971, of the Customs and Excise Management Act 1979 or of the Psychoactive Substances Act 2016 provides a death sentence; the highest punishment in Schedule 4 to the 1971 Act is imprisonment for life. The exposure below applies only if alkyl nitrites meet the section 2 effect test; the ACMD says they do on its reading of R v Rochester, which this cell could not read, so the exposure is stated as conditional and not as established. For every constituent the exposure is the same, so the label does not change the band. Possession for personal use outside a custodial institution is not an offence. Under the Psychoactive Substances Act 2016 producing it, section 4, supplying or offering to supply it, section 5, possessing it with intent to supply, section 7, and importing or exporting it, section 8, each carry on indictment «on conviction on indictment, to imprisonment for a term not exceeding 7 years or a fine, or both.» Each offence needs knowledge or suspicion that the substance is psychoactive and, for production, supply and import, intent or recklessness that it will be consumed for its psychoactive effects. Sale is supply under section 5, and the Act has no separate trafficking offence. Simple possession is not an offence, except possession in a custodial institution with intent to consume it, section 9, which carries «on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine, or both.» Use is not an offence. The Act sets no quantity threshold and no presumption of supply. Section 11 and Schedule 2 exempt healthcare and approved research activities. The administrative route is the prohibition notice and prohibition order under sections 12 onward, and breach of an order is the section 26 offence, also two years on indictment. In Scotland and Northern Ireland, where the offender was aged 18 or over, a supply near a school, through a courier under 18 or in a custodial institution must be treated as aggravated under section 6.
If prescribed or medical
Alkyl nitrite poppers are not medicines and are not in any Schedule to the Misuse of Drugs Regulations 2001. Amyl nitrite has been used as a medicine, and a product authorised as a medicinal product would be exempt from the 2016 Act under Schedule 1, paragraph 2, and no authorised amyl nitrite product was identified from a source this cell could use.
Documentation
No Home Office controlled drug licence applies, because it is not a controlled drug; the Home Office page at https://www.gov.uk/travelling-controlled-drugs, read on 2 October 2026, concerns controlled drugs only. Bringing it into the United Kingdom for consumption for its psychoactive effects is the section 8 import offence, and the Act has no personal allowance.
Primary sources
  • Psychoactive Substances Act 2016, ss. 2 to 11 and 26 and Schedules 1 and 2
  • legislation.gov.uk
  • read on 2 October 2026 as the legislation.gov.uk revised text, which records no known outstanding effects
  • Misuse of Drugs Act 1971, s. 2 and Schedule 2, read as in force on 2 October 2026, no known outstanding effects recorded
  • legislation.gov.uk
  • ACMD, Alkyl nitrites: ACMD exemption consideration, updated 9 August 2024
  • gov.uk
  • Misuse of Drugs Act 1971 (Temporary Class Drug) Order 2026, S.I. 2026/613
  • legislation.gov.uk
  • Draft Misuse of Drugs Act 1971 (Amendment) Order 2026, not made as at 2 October 2026
  • legislation.gov.uk
  • S.I. 2024/1361 read as made on 2 October 2026
  • legislation.gov.uk
  • Contains public sector information licensed under the Open Government Licence v3.0

Court records

The National Archives declined the transactional licence on 22 September 2026.

Source checked Find Case Law, The National Archives · 2026-08-26

Poppers in related jurisdictions

Other substances confirmed in United Kingdom

Same substance, other countries