Nitrous oxide: Laughing gas sales to be banned, says Goveon March 26, 2023 at 10:52 am

The sale of laughing gas will be banned under plans to tackle anti-social behaviour, Michael Gove has announced.

The levelling up secretary told the BBC nitrous oxide can have a “damaging effect on young brains” and its public use can lead to “greater lawlessness”.

The Advisory Council on the Misuse of Drugs (ACMD) recently advised against new laws to ban nitrous oxide.

Nitrous oxide, sold in metal canisters, is known as NOS and is the second most-used drug by UK 16 to 24-year-olds.

Speaking on the BBC’s Sunday with Laura Kuenssberg programme, Mr Gove said: “We are doing this because if you walk through any urban park you will see these little silver cannister which are the evidence of people regarding public spaces as arenas for drug taking.

“It is unacceptable. People should feel those spaces are being looked after in a way which means they are safe for children.”

The details of the ban have not yet been released. The BBC understands the ban would be issued under the Misuse of Drugs Act 1971, which regulates drugs based on their perceived harm and potential for misuse.

Mr Gove said the drug has an “intoxicating and potentially damaging effect on young brains and young nervous systems”.

Heavy use can lead to a vitamin deficiency that damages nerves in the spinal column.

Earlier this year the Home Office asked the ACMD to provide advice on whether to make possession of nitrous oxide a crime.

The report recommended the substance should not be controlled under the Misuse of Drugs Act 1971.

It said sanctions for the offences would be disproportionate with the level of harm associated with nitrous oxide, as well as creating “significant burdens” for legitimate uses of the substance.

Nitrous oxide is regularly used as an anaesthetic in medicine and dentistry, and as a gas for making whipped cream in cooking.

Currently, non-legitimate use of the substance is controlled under the Psychoactive Substances Act 2016, which the council said “remains appropriate legislation”.

The Act makes production, supply and importation of nitrous oxide for inhalation illegal, but not possession.

Labour backed the plans to ban the sale of nitrous oxide. Shadow culture secretary Lucy Powell said its use “causes a huge amount of littering disruption and anti-social behaviour”.

She added: “We do need to tackle at source these kind of behaviours that are blights on our community.”

It comes as the government unveils a new strategy to crack down on anti-social behaviour – more details of which are expected to be published next week.

Public drug use, fly-tipping and low-level crimes such as graffiti are to be targeted with a strategy of “hotspot” policing and “short and sharp” punishments.

People who vandalise public spaces will have to repair the damage they cause within 48 hours of being given an order.

A pilot, covering 10 areas, aims to show the public such acts are “quickly and visibly” punished.

Ms Powell said the plans “amount to nothing”.

Labour have also accused the government of cutting neighbourhood policing, leading to fewer offenders being punished.

“We’ve heard it all before from this government and I think we have to judge them by their record,” Ms Powell added.