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Laughing gas: not so funny after all?

28 April 2023 / Dr Olubunmi Onafuwa , Dr Michael Harrison
Issue: 8022 / Categories: Opinion , Criminal
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While nitrous oxide abuse is no joke, is criminalising the drug the right move? Dr Michael Harrison & Dr Olubunmi Onafuwa caution against a heavy-handed approach to the laughing gas problem

Nitrous oxide (commonly known as laughing gas) is a drug that is commonly used as an anaesthetic and analgesic in dentistry and surgery. However, it is also used recreationally to produce euphoria and hallucinations. When nitrous oxide is inhaled repeatedly or used in combination with other drugs, it can cause serious health problems, such as vitamin B12 deficiency, nerve damage, and death.

In 2016, two defendants were acquitted after being charged with possession of nitrous oxide in Taunton. Their defence barrister successfully argued that the substance is a medicinal product and is commonly used during childbirth. The prosecution relied on the Psychoactive Substances Act 2016 (PSA 2016) which makes the production, supply, and importation of nitrous oxide for recreational consumption illegal. However, it does not cover possession, because it qualifies as a medical product. Despite this, the Home Office maintains that PSA 2016 covers

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