Nitrous oxide: Patel orders Laughing gas review to decide on potential new law

The unlawful possession of laughing gas could be made a crime in England and Wales.

Ministers have asked independent advisers to review the harm caused by nitrous oxide.

Usually sold in small silver canisters and inhaled, it is the second most-used drug among young adults.

Home Secretary Priti Patel wants the Advisory Council on the Misuse of Drugs (ACMD) to review the harm caused by nitrous oxide.

She said was prepared to take "tough action" and introduce further restrictions.

But drugs experts said the move was "completely pointless" and a "waste of time".

Sold legally, nitrous oxide is used for medical and commercial uses, such as making whipped cream - but is illegal when sold as a psychoactive drug.

When inhaled, the gas can cause elation and hallucinations.

According to the Office for National Statistics, there were 36 deaths in Great Britain associated with nitrous oxide between 2001 and 2016.

Ms Patel said: "Misusing drugs can have a devastating impact on lives and communities. We are determined to do all we can to address this issue and protect the futures of our children and young people."

She added that if the ACMD recommended further restrictions, she would be "ready to take tough action".

"Should the expert ACMD recommend further restrictions on this drug, we stand ready to take tough action."

But former ACMD chairman Professor David Nutt, who was sacked in 2009 after claiming that ecstasy and LSD were less dangerous than alcohol, called the move a "gimmick".

Prof Nutt, founder of the charity Drug Science, said it was "completely symptomatic of the utterly blinkered perspective that this Government has on drugs".

He added: "This is completely pointless, an utter distraction. This is pretence of doing something about drug problems, but focusing on a drug that has very, very little harm - way less harm than alcohol - and they should be investing their money on people who are dying of drugs like fentanyl and heroin."

Another leading drugs expert called the move a "waste of time" and said criminalising possession "would likely lead to illicit sales".

Adam Winstock, a consultant psychiatrist and addiction medicine specialist, said: "Asking for evidence is great but the ACMD advice comes framed by the current home secretary's preconceived notion that a problem related to drug use can be successfully addressed by making something illegal.

"This is palpably and evidentially false. But making a drug with minimal risk to most users illegal will add the risk of criminality to all."

But ministers have faced cross-party pressure to tighten the regulations on the sale of nitrous oxide.

Labour MP Rosie Duffield told a Commons debate in 2020 that recreational use had become "much more prevalent" during the pandemic.

Shadow home secretary Nick Thomas-Symonds welcomed the review, saying it was right to "assess the harm".

But he added: However, this will not be an answer to the terrible impact Conservative cuts to policing have caused."