Nitrous oxide ban comes into force today as recreational use made illegal in UK
Nitrous oxide, also known as ‘laughing gas’, is used in medicine, dentistry and other commercial settings as well as in food preparation. More recently, nitrous oxide is being used as a recreational drug with increasing numbers of reports highlighting the harmful effects of misuse.
Nitrous oxide is covered by the Psychoactive Substance Act. This makes it illegal to import, sell or produce nitrous oxide with the intention of use for psychoactive purposes. The aim is to curb the recreational use of nitrous oxide.
As of the 8th of November 2023, the Misuse of Drugs Act (England and Wales and Scotland) (Amendment) Regulations 2023 has amended the Misuse of Drugs Act 1971. Nitrous oxide is controlled as a class C drug, and it is unlawful to be in possession of nitrous oxide. This has led to stricter law enforcement with people found in possession of nitrous oxide facing sentences of up to 2 years imprisonment or unlimited fines. The sanctions are higher for those found supplying nitrous oxide with up to 14 years imprisonment. This is a part of the government’s aim to reduce anti-social behaviour.
What does this mean for commercial and medical industries?
Nitrous oxide is used in many industries for legitimate lawful purposes. The government has not imposed a blanket ban on nitrous oxide. Under the new regulations, if you are importing, exporting or in possession of nitrous oxide now, it is illegal if:
- it is being wrongfully inhaled or;
- a person knows, or is reckless as to whether, it is likely to be wrongfully inhaled by another person.
The regulations define ‘wrongful’ as any inhalation other than that for medical or dental purposes, or of nitrous oxide that has been released into the atmosphere. Therefore, for medical uses and in commercial settings (where it is not intended to be used recklessly) it is lawful to possess nitrous oxide. For example, it will continue to be lawful in maternity wards and for catering purposes.
For clarity, the regulations have defined ‘medical purposes’ as follows: the purpose of preventative medicine, medical diagnosis, medical research or the provision of medical care and treatment. The definition covers a wide scope of medical uses and thus, the main lawful legitimate reason for supply or possession of nitrous oxide.
It is apparent that the change in law is mainly focused on minimising anti-social behaviour rather than preventing the outright use of nitrous oxide where it is appropriate. Suppliers will need to be cautious that they are not supplying nitrous oxide to someone who is intending to misuse the product for no legitimate lawful reason. For example, suppliers could take enhanced measures to background check who they are supplying their products to. Suppliers and any person in possession of nitrous oxide will need to prove, on the balance of probabilities, that they did not have knowledge of reckless intent in the supply or possession of nitrous oxide to be wrongfully inhaled.
How can we help?
At Rogers & Norton we act for a number of businesses, wholesalers and suppliers within the catering and medical industry who import nitrous oxide for lawful legitimate use in the UK. With an excellent understanding of Border Force systems, we can act quickly and decisively to support our clients when goods, such as nitrous oxide cannisters, are seized by HMRC and UK Border Force.
The team deals with the worldwide importation of goods to the UK, including the markets from China and America. We act for clients who have their goods seized at all major UK ports including Felixstowe, Hull and Dover and airports such as London Heathrow and Stansted.
We understand the importance of engaging with HMRC and the UK Border Force immediately to reduce the challenges and financial difficulties that our clients face when their goods are detained or seized. If you have had nitrous oxide or any other goods detained or seized and require assistance, or if you have any questions about the change in the law and how this may affect you, please contact Peter Hastings, a specialist HMRC and UK Border Force solicitor at ph@rogers-norton.co.uk. We can also advise on seeking Injunctions, Judicial Review, Regulatory issued and on Criminal Proceedings, including PACE 1984 and Proceeds of Crime Act 2002.
*This article is provided for general information purposes only and does not constitute legal or any other professional advice.