NITROUS OXIDE (Laughing Gas)

Hi everyone

We have had reports of NITROUS OXIDE (Laughing gas) selling and use in the area, please read the following in relation to the law change around NITROUS OXIDE. 

The government has banned nitrous oxide as of 8 November 2023. It will now be controlled as a Class C drug under the Misuse of Drugs Act 1971, however there will be a wide exemption for legitimate use.

The law changed from 8 November 2023 to make possession of nitrous oxide illegal if it is, or is likely to be, wrongfully inhaled, by classifying it as a Class C drug under the Misuse of Drugs Act 1971. 

It will be a criminal offence to be found in possession of the drug where its intended use is to be wrongfully inhaled. Where a person is found in possession of nitrous oxide and intends to wrongfully inhale the substance and/or in the cases of importation, exportation, production and supply, knows or is reckless as to whether it is likely that another person will wrongfully inhale it, they will be committing an offence.

Wrongful inhalation 

“Wrongful inhalation” means inhalation other than for medical or dental purposes, and which is not accidental inhalation of nitrous oxide which has been released into the atmosphere (such as in industrial processes).  Medical, dental and veterinary administration of nitrous oxide (which may involve inhalation) will therefore continue to be lawful, as will other activities such as use in industry or model rocketry. There is a requirement on importers, exporters, producers and suppliers to take appropriate steps to not be reckless, to ensure that subsequent users will not inhale the substance recreationally. 

Offence

Those found in unlawful possession will face either an unlimited fine, a visible community punishment or a caution – which would appear on their criminal record. Repeat serious 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.

If you have any information on NITROUS OXIDE selling or use in the area please consider reporting to us confidentially via Home | Staffordshire Police or Independent UK charity | Crimestoppers

Stay safe folks