Nitrous Oxide legislation

As part of the Anti-Social Behaviour Action Plan, the use of nitrous oxide is to be addressed as part of the Home Secretary’s desire to get tougher on flagrant drug taking in the streets and its impact on communities.

Although having a legal and legitimate use, Nitrous Oxide (also referred to NOS) is the third most used drug among 16 to 24-year-olds in England. The public and police regularly report it in association with anti-social behaviour- particularly involving groups of young people. It is often part of a cocktail causing intimidating gatherings on high streets and in public parks and playgrounds, where empty canisters are found.

Secondary legislation was brought forward on Tuesday 5 September which will classify Nitrous Oxide as a Class C substance under the Misuse of Drugs Act 1971.

The new measures are expected to come into force by the end of the year. Those found in unlawful possession of the drug could face up to two years in prison or an unlimited fine, and up to 14 years for supply or production.

An exemption is believed to exist within the legislation regarding permitted use, such as catering, but full details are awaited.

Additionally, as part of the strategy, another statutory instrument was laid before Parliament which expands police ability to test people arrested for all Class A drugs, including ecstasy. The government has stated they are seeking to expand the powers for police to test for specified Class B drugs, such as cannabis and ketamine, as well as expanding the list of suspected crimes which can trigger a drugs test to include offences linked to antisocial behaviour, along with others, when parliamentary time allows.