The government has now made it illegal to possess nitrous oxide with users and dealers facing years in prison.
The ban, promised as part of the government’s anti-social behaviour action plan, makes nitrous oxide a Class C drug controlled under the Misuse of Drugs Act 1971. This means possession of nitrous oxide, where a person intends to wrongfully inhale it for a psychoactive effect, is now an offence.
The consequences of using the drug, also known as laughing gas, could include an unlimited fine, a visible community punishment, a caution (which would appear on their criminal record) and for repeat serious offenders, a prison sentence. New information on the government website said repeat users could face up to two years in prison, while dealers could serve 14 years.
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Home secretary Suella Braverman said earlier this year urged police forces to get tougher on drug taking in local communities, with reports linking nitrous oxide to anti-social behaviour such as intimidating gatherings on high streets and in children’s parks, and often leaving empty canisters scattered across public spaces
Crime and policing minister Chris Philp said on Wednesday, November 8: "We are sending a clear signal to people, especially young people, that not only is abuse of nitrous oxide dangerous to their health, but it is also illegal and those caught possessing it will face consequences.
"For too long the use of this drug in public spaces has contributed to anti-social behaviour which is a blight on communities. We will not accept it. This law gives the police the powers they need to take a zero-tolerance approach to this crime."
Nitrous oxide is still used in healthcare and other industries, and those with legitimate reason for possessing the substance will be exempt from the ban. Licences will not be required to carry nitrous oxide, but individual users will need to demonstrate they are lawfully in possession of nitrous oxide and not intending to wrongfully inhale it.
If people are concerned about nitrous oxide use in their local area such as in parks and playgrounds they can report this anti-social behaviour to their local neighbourhood policing team, the police or Crimestoppers.
John Hayward-Cripps, CEO of Neighbourhood Watch, said: "At Neighbourhood Watch, we support the government’s ban on nitrous oxide. As consumption of nitrous oxide has increased over the years, there has been a connected increase in reports of anti-social behaviour, including the littering of nitrous oxide canisters.
"For communities across the country, this change in the law will be a positive move towards tackling anti-social behaviour and making local communities a better and safer place to live. We encourage members of the public to report any illegal consumption of nitrous oxide or other drugs to their local police force."
Michael Kill, CEO of Night-time Industries Association, added: "We welcome this ban but recognise that this must work hand in hand with a much broader education and harm reduction strategy on drugs across the country. 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."
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