Migrants beware: UK criminalises nitrous oxide from November

Migrants, especially those of African descent in the UK should steer clear of using nitrous oxide popularly known as laughing gas.

Beginning from November 8, 2023, being in possession of nitrous oxide in the United Kingdom for the purpose of being high will be ilegal.

The UK Home Office made this known warning that those caught breaking the law will face the prescribed punishment.

The Home Office said: “From 8 November being in possession of nitrous oxide to produce a ‘high’ will be illegal. Those breaking the law could receive ⤵️

💷 Unlimited fine
🧹 Community punishment
👮 Prison sentence for repeat serious offenders

Nitrous oxide is a colourless gas, also known as ‘laughing gas’. It can be misused for its psychoactive effects – or to ‘get a high’ – by inhalation.

What changes to the law have been made?

It is already illegal to produce, supply, import or export nitrous oxide for psychoactive purposes. There is also a responsibility on suppliers to not be reckless as to whether someone might be buying from their legitimate business to misuse the drug.

We are updating the law to also make possession of nitrous oxide illegal, unless for a legitimate reason, making it 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 it’s intended use is to be inhaled for psychoactive effects, or ‘to get high’.

From 8 November, 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 – and for repeat serious offenders, a prison sentence of up to two years.

The penalty for supply or production will double, to up to 14 years in prison.

Why have we made these changes?

We have been growing increasingly concerned about misuse of nitrous oxide and its impacts.

Heavy nitrous oxide use can result in serious health harms such as neurological damage and even death due to the risk of falling unconscious and/or suffocating from the lack of oxygen.

Associated antisocial behaviour causes wider harm felt by communities and to the environment. This includes group gatherings to abuse the drug in public spaces, such as children’s parks or high streets, and subsequent littering of the discarded canisters. There have also been several deaths connected to drug driving incidents.

In 2020/21, nitrous oxide was the third most used drug among 16- to 59-year-olds in England and Wales according to NHS data. A separate ONS report suggested that equates to around 230,000 young people who inhaled this harmful substance in England and Wales in the year ending June 2022.

Didn’t the Advisory Council on the Misuse of Drugs (ACMD) recommend against making it a Class C drug as there was not enough evidence of health harms?

The ACMD did highlight anecdotal reports of an increase in both social and neurological harms, including the risk of neurological harm it presents to users when consumed in extreme volumes.

The government is entitled and expected to take a broader view and consider other relevant factors. We know that visible drug use is one of the biggest issues of antisocial behaviour people are concerned about in their local areas and it is clear the harms of nitrous oxide misuse are being felt by communities.

There is still more evidence to collect about the full extent of the harms of nitrous oxide, so we have gone further than the ACMD advice, taking precautionary, preventative action to keep people safe and crack down on antisocial behaviour.

What is a legitimate use of nitrous oxide?

There are a broad range of legitimate uses of nitrous oxide, for example pain relief in medical settings, including dentistry. It is also used legitimately in industry, for manufacturing and technical processes, such as food packaging, but also in catering, as a whipped cream propellant. Hobbyists also use it in activities such as drag racing and model rocketry.

Will people need a licence to prove they are lawfully possessing or consuming Nitrous Oxide?

Licences to legitimately use nitrous oxide will not be required, as this would place an undue burden on a large number of industries and individuals who need to use it for legitimate purposes.

How will people prove they are lawfully possessing or consuming nitrous oxide?

This will be a matter for police to investigate, however it is right to expect individuals to put forward a robust case and evidence to prove they have legitimate plans to use the nitrous oxide in their possession.

Anyone who plans to inhale the drug themselves for psychoactive effect, or suppliers or producers who turn a blind eye to buyers of their products will be committing offences.

What size cannisters are illegal to possess without legitimate reason?

All sizes of nitrous oxide cannisters are illegal if the supplier or owner does not have a legitimate reason.

What should you do if you see someone i?

You can report antisocial behaviour by contacting your local neighbourhood policing team via https://www.police.uk/

Call 101 to contact the police and report a crime that is not an emergency.

You can also contact Crimestoppers to report a crime anonymously. They will pass the information about the crime to the police at www.crimestoppers-uk.org

Telephone: 0800 555 111

What should people struggling with drug addiction do?

You should speak to your GP or phone 111 for advice on healthcare matters.

FRANK, the Government’s free national drugs information and advice service, provides information on nitrous oxide. It outlines the harms associated with nitrous oxide, such as dizziness, vitamin B deficiency and nerve damage that can result from heavy long-term use. It has been recently updated to reflect new and emerging patterns of use, such as the use of larger cannisters.

You can call the Frank drugs helpline on 0300 123 6600.

What are you doing to tackle illegal supply of nitrous oxide?

The government is determined to crack down on the organised criminals behind illicit drugs supply.

Through our 10-year Drug Strategy, we have stepped up our response, attacking all stages of the supply chain to make the UK a significantly harder place for organised crime groups to operate in. As part of our ‘supply attack plan’, we are tackling the supply of drugs upstream, securing the border, and disrupting the highest harm organised crime groups.

The sale of illegal drugs online is listed as a priority harm in the Online Safety Bill. This ground-breaking piece of legislation will compel tech companies to consider the risks associated with all elements of their services and take action to keep users safe. All companies in scope of the Online Safety Bill will need to take action to prevent illegal content on their platforms and sites.