Brighton MP Lloyd Russell-Moyle claims nitrous oxide criminalisation is 'madness'

The MP for Brighton Kemptown and Peacehaven, Lloyd Russell-Moyle, has said that government plans to make nitrous oxide a Class C substance is "complete madness".

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.

Lloyd Russell-Moyle said: "It's already illegal to supply this drug for recreational purposes, they're going to continue to allow all the other exemptions of use so all the supply elements are not changing at all, so the only thing they are going to do is criminalise the people who use it, up to two years in prison.

"They're proposing that's 500 extra people in prison. That's £20 million to £40 million extra a year to put people in prison, to house them.

"This is the third most used drug by young people in Britain but it has some of the lowest harms for young people.

"It's not even in the top 50 of harms for young people, it's broadly a harmless drug.

"It does have some harms for a small number of people, like all drugs do, with neurological problems from overuse, particularly if you use too much of it at too young an age, and it has some deaths.

"We have deaths from many drugs, caffeine also causes deaths in this country, overuse of caffeine pills, so nothing is without its dangers and of course there needs to be better information, better signage on packaging, better clarity on packages of the dangers of using it in any unplanned way and in a dangerous way but let's be honest locking children and young people and young adults up because they have used this relatively safe drug is complete madness.

"Of course, the definition of madness is doing the same thing again and expecting a different outcome and we know since 1971 this Misuse of Drugs Act which has criminalised people for using low-level drugs has not reduced drug taking, has not reduced drug harm and has in fact exacerbated the problems in our communities.

"What we need is a process where people are supported to get off drugs, a place where people do not turn to drugs and a place where there are decent activities for young people to take part in, which has been slashed by this government.

"If we put all the money in that we're now going to do, wasting police time chasing a few people because they've sucked on a balloon, rather than actually dealing with serious violence and aggressive crimes in our country, then we would have a better country because of it. It is the wrong law and I hope it is reviewed.

"In the end, let's be clear. Who's going to benefit from this law? The gangs because they will charge more, they will be able to drive this underground, they suddenly become the winners."

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."

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."

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.

"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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