Nitrous Oxide – The ‘New’ Drug

Dear Resident, 

I often hear residents of Oadby and Wigston express concerns over Nitrous Oxide use. Nitrous Oxide is a colourless gas, also known as ‘laughing gas’. It is usually kept in small thumb-sized silver cannisters. This is a substance that can be possessed and used lawfully for legitimate purposes including for use in cooking, air rifles, or for inflating balloons. However, it can be misused for its psychoactive effects – or to ‘get a high’ – by inhaling it. 

Nitrous Oxide was covered by the Psychoactive Substances Act 2016 which states that it is illegal to import, export, produce or supply it where it is believed to be used for its psychoactive effects. Under this Act it was not illegal to possess because it was not subject to any Advisory Council classifications at this stage. 

Since then, it has been classified as a Class C drug, and is now scheduled in the Misuse of Drugs Act 1971 as of 8th November 2023. This now means that where a person is found in possession of nitrous oxide and intends to wrongfully inhale it, or is reckless as to whether it will be inhaled, will be committing an offence. You can possess it only for legitimate purposes. Officers will use a common sensical and discretionary approach in determining whether they believe the possession to be legitimate or not. Due to Nitrous Oxide falling low on the Misuse of Drugs Act Schedule, punishment for illegitimate possession may see offenders receive community resolution or a caution for first time offences. Repeat offenders may face a prison sentence of up to two years, an unlimited fine, or both. The penalty for supply or production will double, to up to 14 years in prison, an unlimited fine, or both.

National Crime Recording Standards require us to record all illegitimate possession offences as either possession for wrongful inhalation or possession with intent to supply for wrongful inhalation. This allows us to use these crime statistics to track possession offences and identify particular areas where these problems occur so we can target our patrols. 

This is great news for us as we are now able to robustly deal with local issues involving Nitrous Oxide, where we struggled to do so before. It isn't ‘new news’, but I thought to share the updated legislation for those who aren't aware. 

Take care and I hope you have a good day.

PCSO 6158 Cara 

Wigston Police Station

http://www.leics.police.uk

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