2023-03-28 12:07:47
In 2020, there were 31 convictions in England and Wales under the Psychoactive Substances Act 2016. There were 49 convictions in 2021. These included convictions related to nitrous oxide – commonly referred to as laughing gas. The Crown Prosecution Service does not break down the number of cases involving nitrous oxide and the Home Office has been concerned about the misuse of nitrous oxide.
On 3 September last year, the Home Secretary asked the Advisory Council on the Misuse of Drugs (ACMD) to review the harms caused by nitrous oxide after a concerning rise in use among young people https://www.gov.uk/government/news/home-secretary-seeks-expert-advice-on-laughing-gas – at the time, the Home Office said:
“Now the second most used drug by 16-24 year olds in the UK, the ACMD’s assessment could include more education for young people on its harms or tougher punishment for those who supply the drug to children.
Nitrous oxide, which is usually sold in small silver canisters and inhaled, can cause serious long-term effects such as vitamin B12 deficiency and anaemia. It is also commonly used at anti-social gatherings and leads to widespread littering in public places, bringing misery to communities.
As part of the review, the ACMD has also been asked to consider whether unlawful possession of nitrous oxide should be made an offence.”
On 6 March this year, the ACMD recommended https://www.gov.uk/government/publications/nitrous-oxide-updated-harms-assessment/nitrous-oxide-updated-harms-assessment-accessible , amongst other things:
“Nitrous oxide should remain under the Psychoactive Substances Act 2016, but additional measures are needed to tackle non-legitimate supply and alert people who use nitrous oxide and healthcare professionals to the risks of nitrous oxide use. Current evidence suggests that the health and social harms of nitrous oxide are not commensurate with control under the Misuse of Drugs Act 1971.”
Notwithstanding the views of the ACMD, the Home Office has announced that nitrous oxide will be made a Class C controlled drug by the end of this year. file:///C:/Users/David%20&%20Helen/Downloads/Anti-Social%20Behaviour_%20Action%20Plan.pdf The decision has the support of the Labour Party https://www.bbc.co.uk/news/uk-politics-65079772
Interestingly, under the Misuse of Drugs Act 1971, a controlled drug does not have to be a medicinal product. According to the definition in section 2, it only has to be a “substance” specified in the Act. If a controlled drug had to be a medicinal product, the government might have to do more to change the law than specifying nitrous oxide in the Act because in R v Sonny Chapman [2017] EWCA Crim 1743, the Court of Appeal ruled nitrous oxide was not a medicinal product if it was not being used with a view to preventing or treating disease or bringing beneficial effects to health (see the definition in regulation 2 of the Human Medicines Regulations 2012).
#nitrous #gas #drugs #psychoactive