Defendants prosecuted for supplying nitrous oxide under the UK`s Psychoactive Substances Act 2016 (PSA) got their last laugh after judges ruled the gas was exempt from the drugs law. Legal proceedings initiated at the end of August by the Crown courts of Southwark and Taunton concluded that “nitrous oxide” is considered a medicine. As the ASP excludes medicines, the accused were acquitted. On average, five people die from nitrous oxide each year, with an increase in deaths as the number of people using it has increased in recent years. However, most deaths are due to accidental suffocation and were caused after plastic bags or other devices were placed on the head at high pressure when inhaling the gas or directly from large cartridges. Although no medication is safe, inhaling nitrous oxide through balloons significantly reduces the risk of choking. The Interior Ministry asked the Independent Advisory Council on Drug Misuse (ACMD) to analyse the harm caused by nitrous oxide after the ministry described a “worrying” increase in the use of the substance. The law banning legal highs was enacted to combat drug abuse and addiction. Still, many drug experts believe that the dangers of nitrous oxide have been exaggerated and that the review is a gimmick aimed at being harsh on drugs.

In 2019-20, 8.7% of 16- to 24-year-olds reported using nitrous oxide in the past 12 months, or about 549,000 people, according to the Crime Survey for England and Wales. Opinions are divided on the criminalization of nitrous oxide owners. The drug charity Release believes that criminalizing people in possession will affect the future of young people by giving them criminal records “that will affect their employment and educational opportunities, which will seriously outweigh the harms of nitrous oxide.” It may be reasonable to conclude that the focus on nitrous oxide is more about the emergence of “drugs” than the serious harms of the drug. There are several ways to do this without toughening criminal penalties. Giant online retailers could actively remove offers. Food service providers could crack down on bulk purchases by limiting the number of nitrous oxide cans that can be purchased at one time and limiting sales to approved or registered buyers. “The number of delivery lawsuits has decreased. Legal loopholes mean it`s easy to buy nitrous oxide. Focusing on closing these loopholes seems to me to be a more targeted way to combat consumption than criminalizing property, which would have a limited impact on already low levels of harm and dilute already stretched police resources. The government is considering banning nitrous oxide because it is concerned about the potential long-term effects that recreational use may cause. There are also reports that it has been linked to anti-social behaviour, which the government is determined to crack down. Meanwhile, in Taunton, two defendants were acquitted after being arrested at Glastonbury in 2016 in possession of nitrous oxide.

Defense attorney Ramya Nagesh argued that the substance was a drug, pointing to its use at birth. Justice Paul Garlick said that based on the evidence he heard, nitrous oxide is “clearly a released substance.” UK Home Secretary Priti Patel has vowed to take “tough action” against those who use nitrous oxide, also known as nitrous oxide, in their spare time, including the possibility of making possession of nitrous oxide a criminal offence. None of these cases set a precedent, but together they confer “compelling authority on other judges and Crown courts,” says Nagesh. “The Home Office cannot just continue to say that this substance is illegal: someone has to look closely at the legislation,” she added. While harm reduction is the primary concern, this is rarely achieved through drug laws. These often lead to the emergence of potentially more harmful substances, riskier consumption habits and a reluctance to seek help as users fear legal consequences. There will also be difficult regulatory pathways as the hospitality industry faces significant new hurdles. If you have been caught in possession of an illegal drug, our experienced lawyers in Bournemouth can provide you with the legal assistance you need.

Patel fears that legal euphoria could lead to anti-social behaviour and affect communities across the UK. Recently, Tower Hamlets City Council in east London threatened those involved in anti-social behaviour such as rubbish, vandalism, noise, etc., while drug use could be fined £100, the Guardian reported. However, if nitrous oxide is used longer than High, long-term side effects may include: In the UK, the use of nitrous oxide on road vehicles is legal (contrary to what many people believe, including some police officers) and this is entirely due to the efforts of the WON team, which single-handedly convinced the insurance industry. to reverse the anti-nitros position they had maintained for many years until then.