2023-11-06 18:42:28
Nitrous oxide
With effect from 8 November 2023, nitrous oxide is classified as a controlled drug and is included in Schedule 5 to the Misuse of Drugs Regulations 2001. However, the provisions of Schedule 5 that apply to other drugs in the Schedule do not wholly apply to nitrous oxide because of its legitimate uses, for example, in catering. Instead:
- Importation and exportation of nitrous oxide are not offences unless the intention of the importer or exporter is to wrongfully inhale it or the importer or exporter knows or is reckless as to whether it is likely to be wrongfully inhaled by some other person.
- The supply of nitrous oxide, including by way of administration, is not unlawful unless the supply is made by a person who intends to wrongfully inhale it or intends to supply it to another person for wrongful inhalation by another person.
- Possession of nitrous oxide is not an offence unless the person in possession intends to wrongfully inhale it or intends to supply it to another person for its wrongful inhalation by any person.
- References to “wrongful inhalation” mean any inhalation other than for medical or dental purposes or of nitrous oxide which has been released into the atmosphere. The term “medical purposes” is defined as “the purposes of preventative medicine, medical diagnosis, medical research or the provision of medical care and treatment”.
CBD products
The Government has accepted advice from the Advisory Council on the Misuse of Drugs on Consumer Cannabidiol products https://assets.publishing.service.gov.uk/media/6537882fe839fd000d867416/24-10-2023_-_Letter_from_Minister_Philp_to_ACMD_on_CBD_Products.pdf .
Amongst other things, the total dose of THC will not be allowed to exceed 50 micrograms per unit of consumption. What amounts to a unit of consumption will be the subject of further consideration.