Laughing gas to be illegal by the end of 2023 with users hit with 'hefty fine or jail time'

28.03.23 Anti-social behaviour laughing gas Credit: PA

Being in possession of nitrous oxide will be illegal by the end of the year, with users facing up to two years in prison.

Laughing gas will be become a Class C substance under the Misuse of Drugs Act 1971 in new legislation brought forward on Monday. Nitrous oxide is the third most used drug among 16 to 24-year-olds in England. Police say it has links to anti-social behaviour and it is often associated with large groups of young people in public places.

It is usually taken in the form of balloons, so empty cannisters and debris are regularly seen strewn across high streets and children's play parks.

Home Secretary Suella Braverman said: “The British people are fed up with yobs abusing drugs in public spaces and leaving behind a disgraceful mess for others to clean up.

“Earlier this year the prime minister and I promised a zero-tolerance approach to antisocial behaviour and that is what we are delivering.

"If you are caught using laughing gas as a drug, you could be hit with a hefty fine or face jail time."

Home Secretary Suella Braverman. Credit: PA

People found in unlawful possession of the drug could face up to two years in prison or an unlimited fine.

Those who supply or produce nitrous oxide could be handed up to a 14 year jail sentence.

Heavy regular use of nitrous oxide can also lead to a deficiency of vitamin B12, a form of anaemia and in more severe cases, nerve damage or paralysis, according to Neurologist Dr Holger Allroggen at University Hospital Coventry and Warwickshire.

Crime and Policing Minister Chris Philp said: "We cannot allow young people to think there are no consequences to misusing drugs. 

"Not only are we making possession an offence for the first time, we are also doubling the maximum sentence for supply to 14 years, so the dealers profiting off this trade have no place to hide.”

Crime and Policing Minister Chris Philp said public confidence in police has been severely damaged. Credit: PA

CEO of the Night-time Industries Association Michael Kill has welcomed the change in law but says more needs to be done to educate people and reduce drug taking.

He said: “Over the years, the industry has grappled with the persistent issue of nitrous oxide's sale and consumption, which has been exacerbated by existing regulations that have rendered licensees and authorities ill-equipped to combat this problem effectively.

“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.

Discarded canisters of nitrous oxide - a popular legal high known as 'laughing gas'. Credit: PA

“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.

“The government's intervention comes at a pivotal juncture, given that businesses in major cities across the United Kingdom have witnessed a significant escalation in the challenges associated with nitrous oxide over the past 6-12 months.”


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