The Misuse of Drugs (England and Wales and Scotland) (Amendment) Regulations 2023

New regulation 4C

5.  After regulation 4B (exceptions for gamma-butyrolactone and 1,4-butanediol), insert—

“Exemptions for nitrous oxide

4C.— (1) The application of section 3(1) (which prohibits the importation and exportation of controlled drugs) of the Act, in so far as it creates an offence, and the application of sections 50(1) to (4), 68(2) and (3) or 170 of the Customs and Excise Management Act 1979(1), in so far as they apply in relation to a prohibition or restriction on importation or exportation having effect by virtue of section 3 of the Act, are hereby excluded in the cases of importation or exportation of nitrous oxide except where a person imports or exports the substance and—

(a) intends to wrongfully inhale it; or

(b) knows, or is reckless as to whether, it is likely to be wrongfully inhaled by some other person.

(2) Notwithstanding the provisions of section 4(1)(a) (which prohibits the production of controlled drugs) of the Act, any person may produce nitrous oxide except where the person—

(a) intends to wrongfully inhale it; or

(b) knows, or is reckless as to whether, it is likely to be wrongfully inhaled by some other person.

(3) Notwithstanding the provisions of section 4(1)(b) (which prohibits the supply of controlled drugs) of the Act any person may—

(a) supply, including by way of administration, nitrous oxide, except where the person knows, or is reckless as to whether, it is likely to be wrongfully inhaled by a person; or

(b) offer to supply nitrous oxide, except where the person knows, or is reckless as to whether, if the substance were supplied in accordance with the offer, it would be likely to be wrongfully inhaled by any person.

(4) Notwithstanding the provisions of section 5(1) (which prohibits the possession of controlled drugs) of the Act any person may possess nitrous oxide except where the person—

(a) intends to wrongfully inhale it; or

(b) intends to supply it to another person for its wrongful inhalation by any person.

(5) In this regulation references to wrongful inhalation mean any inhalation other than—

(a) for medical or dental purposes; or

(b) of nitrous oxide which has been released into the atmosphere.”.

(1)

1979 c. 2. Section 50 was amended by section 114(1) of the Police and Criminal Evidence Act 1984 (c. 60) (“the 1984 Act”), paragraphs 3 and 44(1) and (2) of Schedule 7 to the Taxation (Cross-border Trade) Act 2018 (c. 22) and S.I. 2015/664. Sections 68 and 170 were also amended by section 114(1) of the 1984 Act and S.I. 2015/664. Other amendments have been made to sections 50, 68 and 170 not relevant to these Regulations.