Laughing gas ban comes in as recreational nitrous oxide made illegal in UK

Repeat offenders could face two years in jail, while dealers could face 14 years behind bars as part of crackdown on gas cannisters

Possession of laughing gas with the intent of getting high has been made illegal, with repeat offenders facing up to two years in jail.

Dealers who peddle nitrous oxide – nicknamed “hippy crack” – could face up to 14 years behind bars.

The ban, promised as part of the Government’s anti-social behaviour action plan, makes nitrous oxide a Class C drug under the Misuse of Drugs Act 1971.

This means possession of nitrous oxide, where a person intends to wrongfully inhale it for a psychoactive effect, is now an offence.

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Consequences could include an unlimited fine, community sentences or, for repeat serious offenders, a prison term.

But it will still be possible to use the gas for legitimate reasons, such as catering, pain relief during labour or in model rockets.

Licences will not be required to carry nitrous oxide, but users will need to demonstrate they are lawfully in possession of the gas and not intending to wrongfully inhale it.

Nitrous oxide is typically released into balloons from canisters and inhaled (Kirsty O’Connor/PA) (PA Wire)

Crime and Policing Minister Chris Philp said: “Today we are sending a clear signal to people, especially young people, that not only is abuse of nitrous oxide dangerous to their health, but it is also illegal and those caught possessing it will face consequences.”

Nitrous oxide is the third most used drug among 16 to 24-year-olds in England and police have reported links to antisocial behaviour – intimidating gatherings on high streets and in children’s parks, and empty canisters strewn across public spaces, the Home Office added.

Previously Chris Phillip raised his concerns over the substance, emphasising the health risks of inhalation, he promised users and dealers would face ‘the full force of the law’.

Chief executive of Night-time Industries Association Michael Kill said in October: “We welcome the announcement by the Government today that nitrous oxide is set to be banned under new Government legislation by November 8 but recognise that this must work hand in hand with a much broader education and harm-reduction strategy on drugs across the country.

“The burden on businesses has been substantial, as they’ve contended with mounting pressure from authorities and residents due to the proliferation of discarded silver canisters on the streets.

“This predicament has not only posed risks to the wellbeing of both staff and patrons but has also fostered an environment conducive to petty crime, antisocial behaviour and the activities of organised crime syndicates.”

A concerned mother, Kath, previously told The Independent of how her son’s life had been turned upside down after he developed an addiction to laughing gas.

His excessive use led him to a B12 deficiency making it difficult for him to get out of bed, the 24-year-old eventually withdrew from his engineering apprenticeship and faced severe symptoms of psychosis, limb tingling, vomiting and memory issues.

Her son is now behind bars, serving a three-year sentence for being in possession of 48,000 nitrous oxide canisters. His mother said further incriminating the drug wasn’t the answer, and that the government should work to make the substance safer.