Possession of nitrous oxide, also known as ‘laughing gas’, will
be illegal by the end of the year, with users facing up to
two years in prison, under a zero-tolerance approach to
antisocial behaviour.
The ban was promised as part of the government’s Anti-Social
Behaviour Action Plan, with the Home Secretary urging police
forces to get tougher on flagrant drug taking in the streets,
which blights communities.
Secondary legislation has been brought forward today which will
control nitrous oxide as a Class C substance under the Misuse of
Drugs Act 1971. The new measures are expected to come into force
by the end of the year.
Nitrous oxide is the third most used drug among 16 to
24-year-olds in England and police have reported links to
anti-social behaviour – intimidating gatherings on high streets
and in children’s parks, and empty canisters strewn across public
spaces. 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.
Those found in unlawful possession of the drug could face up to
two years in prison or an unlimited fine, and up to 14 years for
supply or production. There will be exemptions for legitimate
uses of nitrous oxide, for example in medical or catering
industries.
Home Secretary 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.
“New schemes are already underway to increase police patrols
in hotspot areas of antisocial behaviour and dish out punishments
for perpetrators more quickly, and police will soon be able to
drug test people arrested for a wider range of illegal
drugs.”
Crime and Policing Minister said:
"We cannot allow young people to think there are no
consequences to misusing drugs.
"There is no question that abusing laughing gas is dangerous
to people's health and it is paramount we take decisive action
before the situation gets worse.
"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.”
Last month another statutory instrument was laid which expands
police ability to test people arrested for all Class A drugs,
including ecstasy.
Over 50,000 drug tests for cocaine and opiates have been
conducted on suspects arrested in the past year following
government funding, with over half of these coming back positive
– a clear indicator of the connection between drug misuse and
crime.
We are also expanding the powers for police to test for specified
Class B drugs, such as cannabis and ketamine, as well as
expanding the list of suspected crimes which can trigger a drugs
test to include offences linked to antisocial behaviour, along
with others, when parliamentary time allows.
This testing is crucial for preventing further crime, as people
are diverted towards life-changing intervention and treatment
services.
CEO of Night-time Industries Association Michael Kill
said:
“We welcome the announcement by the Government today that
nitrous oxide is set to be banned under new government
legislation by the end of the year, but recognise that this must
work hand in hand with a much broader education and harm
reduction strategy on drugs across the
country.
“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.”
ENDS
Notes to editors:
- The Statutory Instrument for Nitrous Oxide will follow the
draft affirmative procedure and will be debated in both the House
of Commons and House of Lords before it comes into law.
- A second statutory instrument will be laid in the autumn to
amend the Misuse of Drugs Regulations 2001. This will enable
continued use of nitrous oxide for legitimate purposes such as in
catering and medicine.
