In the fight against the abuse of nitrous oxide and so-called date rape drugs (K.O.-Tropfen), the German Bundestag has passed far-reaching resolutions. In the early hours of Friday morning, Parliament voted in favor of an amendment to the New Psychoactive Substances Act, which will now include laughing gas (nitrous oxide) as well as two substances used as date rape drugs.
This means that the trade and manufacture of nitrous oxide and date rape drugs will be banned in the future. However, the use of these substances as industrial chemicals, in science, and as medicines will remain permitted. At the same time, for better protection and to curb the availability of the substances, Parliament approved a fundamental ban on dispensing, transferring, acquiring, and possessing these substances to or for minors. Sales to minors, as well as sales through vending machines and mail-order businesses, are also prohibited in the future.
The federal government initiated the legislation in July. Following the first reading in the Bundestag, a hearing took place in the Health Committee in mid-October, during which experts called for more prevention and education, and warned against the severe health risks of abuse.
Health Minister Nina Warken (CDU) warned: "Laughing gas is no game and no harmless party drug, but a high risk to health. Freeze injuries or unconsciousness – up to permanent neurological damage – can be the consequence." Addiction and Drug Commissioner Hendrik Streeck (CDU) expressed a similar view regarding date rape drugs, stating that these are a "Mittel gezielter chemischer Gewalt" (a means of targeted chemical violence).
Dinitrogen monoxide, or nitrous oxide, is being used increasingly as a party drug. It has previously been legally available in Germany and is often inhaled from cream chargers or balloons. Experts warn that the risks are often underestimated, citing negative consequences such as dizziness, nausea, and symptoms of paralysis.
The substances Gamma-Butyrolactone (GBL) and 1,4-Butanediol (BDO), the so-called date rape drugs, are psychotropic substances that influence the human psyche via the central nervous system. Perception, thinking, feeling, and acting are particularly altered. They are misused, among other things, for sexual offenses and robbery offenses.
The law must now be approved by the Bundesrat (Federal Council), which could address the matter on December 19. Following a transition period, the law could then come into effect in April 2026.
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