Legislation comes into force today that prohibits the possession of nitrous oxide, unless for an exempted purpose.
The Misuse of Drugs Act 1971 (Amendment) Order 2023 amends part 3 to schedule 2 of the Act to include nitrous oxide as a class C drug. The new legislation extends to England, Wales, Scotland and Northern Ireland.
In recent years nitrous oxide, otherwise known as NOS, N2O or laughing gas, has become a popular choice for recreational drug users owing to the euphoric effect they claim to experience. It is also cheap and readily available, having a multitude of legitimate, non-psychoactive uses including as an aerosol propellent and medical sedative and anaesthetic.
There are a number of dangerous side effects associated with the recreational use of nitrous oxide, including suffocation, unconsciousness, damage to the peripheral nervous system and memory loss.
With effect from 8th November 2023 it will be an offence for any person to possess nitrous oxide unless for an exempted purpose. The maximum penalty for possession of nitrous oxide is 2 years' imprisonment and/or an unlimited fine.
Exempted purposes include the possession of nitrous oxide for medical, dental or veterinary treatment and for use as a propellent in the catering industry. Certain individuals will also have an exempted purpose to possess nitrous oxide by virtue of their hobby - e.g. those involved in the launching of model rockets or aircraft.
In order to secure a conviction, it will be for the prosecution to prove that the possession was not for an exempted purpose.
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