Nitrous oxide canisters have been increasingly used as recreational drugs. Photo: RNZ / Rayssa Almeida
Some shops selling nitrous oxide say they are still getting their heads around what a government crackdown could mean for them, not being aware of it in the first place.
Health Minister Shane Reti is considering urgent options to try and stop people selling and using the substance which is often called 'NOS' or 'Nangs'. These include penalties of up to two years in jail or a hefty fine.
It follows a Medsafe report highlighting the risks of using it to get high - but some shops told Checkpoint the crackdown would not make a difference to them, as they do not get many customers wanting to buy the canisters.
Sasan Mohammadi, who owns a convenience and vape store in the Auckland CBD, said the store sells nitrous oxide canisters to those who do not appear to be using them for recreational use.
They sell them in boxes of 10 for $20.
Shane Reti looking at options to crackdown on 'nangs'
"If they call it nangs, it means they're using it for other ways. But, if some people come in and ask us for cream chargers, first, we ask for ID if they are over 18, and we ask the purpose for use.
"If they say for cooking or something, we will sell it," he said.
He said the store does not make much profit on selling nitrous oxide, with about one customer a month wanting to buy canisters.
Nitrous oxide has some legitimate uses for pain relief in a medical setting or it is used to make whipped cream for catering purposes.
But it can also be used to get high.
The moves from the health minister come after a Medsafe report highlighted its safety risks when used recreationally, including nerve damage and serious neurological effects.
Mohammadi's store did not know it had become illegal.
"We don't have that many customers for it and also just we sell to people over 18 years old," he said.
"We ask the purpose of to use it because we know some people are using it for something else."
Checkpoint visited two other stores that sell nitrous oxide canisters, but both seemed to be unsure about what was coming.
One vape store owner did not want to be interviewed but said if anyone came into his store asking to buy nangs or a 'nang cracker', which is the whipped cream canister to release the gas, they would not be able to buy them.
However, if a customer comes into the store asking for cream chargers or nitrous oxide, has ID and fills out a form stating their intentions for purchasing, they can buy them.
After walking back past their shop later, they had removed a box of nitrous oxide canisters from the shelf by their counter.
Dairy and Business Owners Group vice chairperson Ash Parmar said for a long time, shops have used loopholes to sell nitrous oxide to customers.
He said bringing in clear consequences for selling nitrous oxide may help curb the problem.
"Hopefully this coming out and very clearly spelling out the fines, this should be the last sort of discouragement for any of them to flout the laws," he said.
"In my own capacity here in Hamilton, I've been making it very clear, especially our dairy owners and vape shop owners this is against the law. You are facing a hefty fine and obviously in Auckland through our e-mail database, we've been telling them repeatedly that [they] shouldn't be selling it," he said.
He said he would like to see a complete can on selling nitrous oxide altogether.
"If they could have a higher level of compliance that would probably be the better, rather than having a sort of a loose system out there where you don't really know who the end user might be," he said.
"Don't forget we already sell cigarettes, which is an R18 product and they do the compliance part and so if government could come out and just provide a very simple compliance system it could probably eliminate some of the problems, but if it needs to be, remove it from the areas completely, but make it clear we don't need something to be loose or not worded properly."
Nitrous oxide canisters can also be bought online and delivered to people's homes.
The websites claim to sell the canisters online for catering purposes.
Vaping Industry Association of New Zealand chairperson Jonathan Devery said nitrous oxide should not be sold in a vape store and no VIANZ members sell these products.
He said there was no place in the industry for the sale of cream canisters and other drug paraphernalia.
He said they have been asking the Ministry of Health since at least 2022 to take action on nitrous oxide retailers.