The Last Laugh: Conservatives Face Backlash Over Ban on Nitrous Oxide as Move Criminalises More Young People

In a move that has sparked a wave of criticism from experts – but generated positive noises from the Daily Mail – the UK Government has declared that from November 8 this year, the possession of nitrous oxide, commonly known as laughing gas, will be illegal. 

Users now face up to two years in prison, while dealers – who could include teens passing cannisters to their friends at music festivals – face up to 14 years in jail, at a time when prisons are overflowing. Those not sent to prison face unlimited fines. 

The move is part of the Government’s crackdown on anti-social behaviour. But it has been met with stern criticism from public health experts and campaigners who warn that the substance will now move into an unregulated black market. 

The Government claims the policy will curb the “heavy, regular abuse” of the substance, associated with health risks and littering, in a populist nod to voters upset at seeing NOS canisters on their street. 

Crime and Policing Minister Chris Philp said the move is a fulfilment of the Government’s “zero-tolerance” approach towards anti-social behaviour and flagrant drug taking in public spaces.

Critics including several London mayoral candidates have argued the ban is a waste of misdirection of priorities and resources. 

Rob Blackie, the Lib Dem Mayoral candidate for London, criticised the Government for prioritising the ban over addressing more severe crimes, highlighting the police’s stretched capacity. “The Conservatives are going to waste thousands of hours of police time searching people for laughing gas, when they are struggling to investigate rapes, sexual offences and other serious crimes. 

“Nobody thinks that laughing gas should be a priority when the police are so overstretched that they can’t even turn up to most 999 calls within two hours in London,” Blackie told Byline Times.

And Zoe Garbutt, London Green Party mayoral candidate branded the move a step backwards, writing earlier this year: “A fundamental change in our approach to controlling drugs is needed. It would save lives, cut crime and save money. Banning NOS is taking us in completely the wrong direction.”

Some of those who have lost family members to drugs also oppose the ban. Jane Slater of Anyone’s Child: Families for Safer Drug Control warned that criminalising the possession of nitrous oxide would make crime and health outcomes worse. 

“Criminalising possession of nitrous oxide will only give more young people criminal records, make using it more dangerous, fuel organised crime activity, and cause further harm to our families and communities,” Slater said, adding: “If this Government were serious about addressing the problems with nitrous oxide then it would have listened to the experts who recommended a health-led approach supported by better use of existing controls.”

One of the key motives for the ban – concerns over rubbish left on streets – jars with the fact that littering is already illegal. However, councils cut to the bone after a decade of austerity often don’t have the resources to tackle the issue. 

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Pointless Prohibition

Ester Kincová from Transform Drug Policy Foundation told Byline Times the Government’s decision was “political theatre,” noting the ban flies in the face of ministers’ own expert advice. “Criminalising possession of nitrous oxide will increase health and social harms associated with it, creating new costs across the criminal justice system.” 

And she drily added: “To reduce litter, it could adopt a recycling deposit scheme for nitrous canisters.” 

Speaking to this outlet, Paul North, director of drug policy outfit Volteface, highlighted the dissonance between the Government’s decision and the advice from the Advisory Council for the Misuse of Drugs, which cautioned against a ban – instead arguing for public information campaigns on the risks. 

“Littering is already illegal. So if someone is just throwing lots of canisters on the ground, technically already committed an offence. But the motivation for doing it is to rally the base, and show that they’re tough on drugs, tough on crime, tough on antisocial behaviour, and position them in a safe space on the issue,” North said. 

“If you move the drug into the illicit market, what will happen now, as we’ve seen with other drugs, is that the illicit market will start to meet the need.”

NOS is a very popular drug among young people, meaning there will be a strong illicit market for laughing gas after the ban. Gangs “will start to sell that drug to the public without that level of regulation and quality control,” North added. 

“In the illegal market, it’s likely that nitrous oxide will become more problematic or more dangerous. You also then increase the risk of criminalising young people.”

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The only sure outcome is that the policy “will result in more money made for gangs who sell the drug, and it will change the quality of the products. It will become more dangerous.” 

“The Government will do a lot of posturing and threatening,” but few are likely to go to prison, the drug expert added. However, he noted that the nature of NOS is that often one person gets a lot of that drug for their group of friends. 

“If that individual gets caught selling or even giving those drugs out for free, then they can face quite a serious offence…There might be situations and incidents where young people are distributing this drug in quite a high volume – 30, 40 canisters or so – and they’re giving it out to their mates. There could be situations there by which someone gets into a huge amount of trouble.”

Meanwhile, the Government admitted last week that rapists and other criminals could soon walk free because the prisons are overcrowded. 

Bizarre Rules

The new regulations amend the Misuse of Drugs Regulations 2001 to control nitrous oxide as a Schedule 5 drug. The changes will make provisions for lawful access for legitimate purposes, including medical use. Nitrous oxide is often used by dentists.

The plans create a “bespoke” exemption from the prohibition on importation and exportation, production, supply and possession of nitrous oxide “where a person does not intend to wrongfully inhale the substance” or where they do not expect others will do so. 

Perhaps farcically, the legislation defines the offence around ‘wrongful inhalation’ – inhalation of the gas by a person which is not for medical or dental purpose. In other words, it’s banned if it’s being used for an amusing psychoactive effect. 

Nitrous oxide is the third most used drug among 16 to 24-year-olds in England. Heavy regular use of nitrous oxide can also lead to a deficiency of vitamin B12, and in very rare cases nerve damage or paralysis. 

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