Laughing gas ban comes in today with those caught with it facing 2 years in jail

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It's categorised as class C drug (Image: SWNS)

A long-awaited ban on laughing gas has come into force today - with repeat users facing up to two years behind bars with 14 year sentences for dealers.

It follows years of calls for nitrous oxide, nicknamed 'hippy crack', to be outlawed. Those found in possession could be hit with an unlimited fine, a community punishment or a caution - which would show on their criminal record, the Home Office said.

People found to have it on several occasions now face prison sentences. Policing minister Chris Philp said: “Today we are sending a clear signal to people, especially young people, that not only is abuse of nitrous oxide dangerous to their health, but it is also illegal and those caught possessing it will face consequences.

“For too long the use of this drug in public spaces has contributed to anti-social behaviour which is a blight on communities. We will not accept it. This law gives the police the powers they need to take a zero-tolerance approach to this crime.”

There will still be legal reasons to have the gas - such as for catering, dentistry and healthcare - but people will have to prove this is why they've got it. Dealers will see maximum sentences double from seven to 14 years.

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Those who supply laughing gas for legal reasons will also face action if they turn a blind eye to it being abused. John Hayward-Cripps, chief executive of Neighbourhood Watch, said: "For communities across the country, this change in the law will be a positive move towards tackling anti-social behaviour and making local communities a better and safer place to live.

“We encourage members of the public to report any illegal consumption of nitrous oxide or other drugs to their local police force.”

It was also welcomed by the boss at the Night-time Industries Association - but he warned there must be more action around education. Michael Kill said: “The burden on businesses has been substantial, as they've contended with mounting pressure from authorities and residents due to the proliferation of discarded silver canisters on the streets.

“This predicament has not only posed risks to the well-being of both staff and patrons but has also fostered an environment conducive to petty crime, anti-social behaviour, and the activities of organised crime syndicates.”

In March Levelling Up Secretary Michael Gove said laughing gas would be banned to stop parks becoming "drug-taking arenas". Ministers decided to push forward with criminalising the sale and possession of the drug despite a government-commissioned review recommending against it.

The independent Advisory Council on the Misuse of Drugs told the Government punishment for the offences would be disproportionate with the level of harm associated with the drug. Nitrous oxide has been linked to at least 56 deaths – and one hospital consultant says it is more dangerous than Class A drug cocaine.

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Dave Burke

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