Nitrous oxide to be illegal from November
Possession of nitrous oxide, also known as ‘laughing gas’, will be illegal from next month with repeat serious users facing up to two years in prison and the maximum punishment for dealing doubling to 14 years.
The new law reinforces the Government’s zero-tolerance response to anti-social behaviour and “flagrant drug taking” in public spaces.
The ban, promised as part of the Government’s Anti-Social Behaviour Action Plan, will make nitrous oxide a controlled Class C drug under the Misuse of Drugs Act 1971.
Secondary legislation due to be laid today (October 18) will mean possession of nitrous oxide, where a person intends to wrongfully inhale it – for example ‘to get high’ – will be an offence from November 8. Consequences could include an unlimited fine, a visible community punishment, a caution – which would appear on their criminal record – and for repeat serious offenders, a prison sentence.
Earlier this year the Home Secretary urged police forces to get tough on flagrant drug taking in local communities, with reports linking nitrous oxide to anti-social behaviour such as intimidating gatherings on high streets and in children’s parks, often leaving empty canisters scattered across public spaces.
Heavy, regular abuse of the drug also poses significant health risks for users including anaemia and in more severe cases, nerve damage or paralysis. It has been identified as having potentially fatal consequences on the UK’s roads from incidents of drug driving.
Crime and Policing Minister Chris Philp said: “We are delivering on the promise we made to take a zero-tolerance approach towards anti-social behaviour and flagrant drug taking in our public spaces.
“Abuse of nitrous oxide is also dangerous to people’s health and today we are sending a clear signal to young people that there are consequences for misusing drugs. Both users and dealers will face the full force of the law for their actions.”
Those with a legitimate reason for possessing the substance will be exempt from the ban. For example, it will continue to be lawful for catering purposes and in maternity wards when used as pain relief during labour.
Licences will not be required to carry nitrous oxide, but individual users will need to demonstrate they are lawfully in possession of nitrous oxide and not intending to consume it for psychoactive effects.
The maximum sentence for production, supply importation or exportation of the drug for unlawful purposes has now doubled, from seven to 14 years’ imprisonment.
As is already the case, the Home Office says there is also a responsibility on legitimate producers and suppliers of nitrous oxide to not be reckless as to whether someone is buying their product to misuse, with no legitimate reason. Turning a blind eye will be committing an offence.
Chief executive officer of Neighbourhood Watch, John Hayward-Cripps, said: “At Neighbourhood Watch, we support the Government’s ban on nitrous oxide under new legislation from November 8.
“As consumption of nitrous oxide has increased over the years, there has been a connected increase in reports of anti-social behaviour, including the littering of nitrous oxide canisters. For communities across the country, the banning of the substance under new legislation will be a positive move towards tackling anti-social behaviour, and making local communities a better and safer place to live.
“Once the legislation has come into effect, we encourage members of the public to report any illegal consumption of nitrous oxide or other drugs to their local police.”
Michael Kill, chief executive officer of Night-time Industries Association, added: “We welcome the announcement by the Government today that nitrous oxide is set to be banned under new government legislation by November 8, but recognise that this must work hand in hand with a much broader education and harm reduction strategy on drugs across the country.
“The burden on businesses has been substantial, as they’ve contended with mounting pressure from authorities and residents due to the proliferation of discarded silver canisters on the streets.
“This predicament has not only posed risks to the well-being of both staff and patrons but has also fostered an environment conducive to petty crime, anti-social behaviour, and the activities of organised crime syndicates.”