No. Nitrous oxide (N₂O) is classified as a controlled substance in Brazil under ANVISA’s 2023 Resolution 657/2023, prohibiting recreational use while permitting limited medical/industrial applications. Unauthorized possession or distribution may incur penalties under Law 11.343/2006 (Drug Law), with enforcement tightening ahead of the 2026 Olympic Games.
Key Regulations for Nitrous Oxide (Whippits) in Brazil
- ANVISA RDC 657/2023: Restricts N₂O to licensed medical, veterinary, or industrial uses; recreational sale is banned nationwide.
- Federal Law 11.343/2006: Criminalizes unauthorized trafficking or possession exceeding 50g, with penalties up to 15 years imprisonment.
- State-Level Enforcement: São Paulo and Rio de Janeiro police have intensified roadside checks targeting “whippits” canisters, citing public health risks under Municipal Decree 60.225/2022.
Recent judicial rulings (e.g., STJ’s 2024 Habeas Corpus 687.234) clarify that even small quantities may trigger prosecutions if intent to distribute is inferred. Importers must secure ANVISA’s prior approval, while retailers face mandatory inspections under INMETRO’s 2025 technical norms. Violations trigger administrative fines up to R$1 million (~USD 200k) alongside criminal liability.