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
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:
- Two cleared on all charges | Major Drugs Conspiracy | Kangs Solicitors
- Success in Multi-Million pound drugs conspiracy | Trial
- Drugs Importation | Success at Worcester Crown Court
- Major Drug Trial | Client found ‘Not Guilty’
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: