Laughing gas, formally known as nitrous oxide, has become a topic of significant legal and social debate in the UK. Commonly used as a painkiller in medicine and dentistry, it has gained notoriety as a recreational drug, creating challenges for healthcare professionals and law enforcements.
At Evan Moore Solicitors, this month’s blog looks at the current laughing gas laws in the UK. Call our solicitors in West London on 0208 0900 806.
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The Legal Status of Laughing Gas in the UK
Due to its dual uses, the legal status of nitrous oxide in the UK is complex. Historically, it has been widely available for legitimate purposes. However, its recreational misuse has led to increased scrutiny.
The Psychoactive Substances Act 2016
In the UK, nitrous oxide is regulated under the Psychoactive Substances Act 2016. This law prohibits the production, supply, or possession with intent to supply of substances that have psychoactive effects.
Medicinal & Industrial Use
Nitrous oxide remains legal for its intended uses in medicine, dentistry, and food production. Suppliers can legally sell the gas for these purposes, as long as it is not marketed or misused as a recreational drug.
This has made enforcement challenging, as sellers often find loopholes to target recreational users.
Recent Developments
In 2023, the UK Government announced plans to tighten the possession of nitrous oxide. This came after the Advisory Council on the Misuse of Drugs highlighted growing concerns about its misuse.
Nitrous oxide is now a Class C Drug under the Misuse of Drugs Act 1971, which makes possession for personal use a criminal offence.
Why Has it Come Under Scrutiny?
Laughing gas has become increasingly popular among young people. Small, discarded, silver canisters have become a common sight on UK streets.
There are many risks associated with nitrous oxide, ranging from dizziness to permanent paralysis. A combination of health risks and anti-social behaviours have prompted tougher action from the law.
Penalties for Laughing Gas Offences
Repeat serious users of laughing gas could face up to 2 years in prison, with dealers facing up to 14 years. The latest legislations make it a criminal offence to possess nitrous oxide in circumstances where a person intends to wrongfully use it.
Medical use is unaffected. However, users will need to demonstrate they are lawfully in possession of the substance and don’t intend to use it for psychoactive effects.
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Contact Evan Moore Solicitors
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