header-logo header-logo

Laughing gas: not so funny after all?

28 April 2023 / Dr Olubunmi Onafuwa , Dr Michael Harrison
Issue: 8022 / Categories: Opinion , Criminal
printer mail-detail
120629
While nitrous oxide abuse is no joke, is criminalising the drug the right move? Dr Michael Harrison & Dr Olubunmi Onafuwa caution against a heavy-handed approach to the laughing gas problem

Nitrous oxide (commonly known as laughing gas) is a drug that is commonly used as an anaesthetic and analgesic in dentistry and surgery. However, it is also used recreationally to produce euphoria and hallucinations. When nitrous oxide is inhaled repeatedly or used in combination with other drugs, it can cause serious health problems, such as vitamin B12 deficiency, nerve damage, and death.

In 2016, two defendants were acquitted after being charged with possession of nitrous oxide in Taunton. Their defence barrister successfully argued that the substance is a medicinal product and is commonly used during childbirth. The prosecution relied on the Psychoactive Substances Act 2016 (PSA 2016) which makes the production, supply, and importation of nitrous oxide for recreational consumption illegal. However, it does not cover possession, because it qualifies as a medical product.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hugh James—Phil Edwards

Hugh James—Phil Edwards

Serious injury teambolstered by high-profile partner hire

Freeths—Melanie Stancliffe

Freeths—Melanie Stancliffe

Firm strengthens employment team with partner hire

DAC Beachcroft—Tim Barr

DAC Beachcroft—Tim Barr

Lawyers’ liability practice strengthened with partner appointment in London

NEWS
Tech companies will be legally required to prevent material that encourages or assists serious self-harm appearing on their platforms, under Online Safety Act 2023 regulations due to come into force in the autumn
Commercial leasehold, the defence of insanity and ‘consent’ in the criminal law are among the next tranche of projects for the Law Commission
The Bar has a culture of ‘impunity’ and ‘collusive bystanding’ in which making a complaint is deemed career-ending due to a ‘cohort of untouchables’ at the top, Baroness Harriet Harman KC has found
Lawyers have broadly welcomed plans to electronically tag up to 22,000 more offenders, scrap most prison terms below a year and make prisoners ‘earn’ early release
David Lammy, Ellie Reeves and Baroness Levitt have taken up office at the Ministry of Justice, following the cabinet reshuffle
back-to-top-scroll