In our article appearing on November 9th 2017 we featured the nature of ‘Legal Highs’ and the effects of the Psychoactive Substances Act 2016 (‘the Act’).

Nitrous oxide, also known as Laughing Gas  or `Hippy Crack ‘, has recently attracted considerable media coverage arising from activity in the Court of Appeal where it was unsuccessfully argued that nitrous oxide is a medicinal product and, accordingly, is exempt under the Act.

Nazaqat Maqsoom of Kangs Solicitors comments on the ruling by the Court of Appeal.

The Appeals & Ruling | Kangs Drugs Offences Defence Solicitors

Four men appealed previous convictions before the Court of Appeal claiming that they could not have been guilty of an offence under the Act because nitrous oxide is used in medicine and catering and, accordingly, must be exempt from the Act.

Two of the appellants had previously pleaded guilty and two were convicted following trial.

At no time had it previously been contended that nitrous oxide was an exempted substance.

Having considered the appeals the Court Of Appeal Judges ruled that:

We are satisfied that in the circumstances of these cases the nitrous oxide in question could not be categorised as a medicinal product and therefore was not an exempted substance. In our judgement, the matter is clear on existing Authority.’

The determination as to whether or not the exemption applies will be decided on a case by case basis with the intention at the time of supply being a determining factor.

It is a misconception that to be guilty of supplying a substance, the supply has to be conducted in return for a profit.  Simply handing a substance over to somebody can be classed as supplying.

How Can We Help? | Kangs Solicitors Criminal Defence Solicitors

Kangs Solicitors field an experienced legal team with the appropriate and specialist knowledge to defend clients charged with offences of every nature.

The Legal 500 has ranked Kangs Solicitors in the highest category (Tier 1) for both criminal and criminal fraud/white collar crime work.

Recent Cases Involving Drugs Offences | Kangs Drugs Defence Team

A sample of recent work undertaken by our department in this field can be found by following the links below:

Contact Us | Kangs National Criminal Defence Solicitors

If you require any advice or assistance relating to drugs offences, matters in which you require representation, please feel free to contact our Team through any of the following:

Hamraj Kang
hkang@kangssolicitors.co.uk
07976 258171020 7936 6396 | 0121 449 9888

Amandeep Murria
amurria@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396

Helen Holder 
hholder@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396

Nazaqat Maqsoom
nmaqsoom@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396