Farce of legal highs ban as two cases fail

A NEW law banning legal highs descended into farce when two attempts to prosecute dealers of so-called hippy crack collapsed.

Under a government crackdown on the dangerous drugs, selling nitrous oxide for recreational use carried a maximum seven- year prison sentence.

But questions over whether the psychoactive Substances act needs to be amended arose after a judge and prosecution expert witness said nitrous oxide, known as laughing gas as well as hippy crack, was exempt.

Hundreds of people have been arrested, prosecuted and even jailed under laws which came into force in May 2016 to deal with the problem of new manufactured drugs designed to imitate the effects of cocaine, cannabis and ecstasy.

But now two trials involving the supply of nitrous oxide – a colourless, sweet-tasting gas – at music festivals ended abruptly after it was claimed the drug is not covered by new laws. it was argued that because the gas is used by doctors for its pain-relieving properties, it is exempt from the legislation as a medical product.

even the Crown prosecution Service’s own top witness admitted that nitrous oxide is exempt under the act’s ‘current wording’, which could lead to cases being axed, convictions quashed and people released from jail, experts have said.

Ryan egan and Kenan Buckley, who are in their twenties, were both arrested after carrying nitrous oxide into Glastonbury last year and charged with one count each of possession of a psychoactive substance with intent to supply.

But their defence QCs said the laughing gas cannot be counted as a ‘psychoactive substance’. Judge paul Garlick agreed and threw out the cases at the hearing at taunton Crown Court.

a separate case at Southwark Crown Court where a defendant was accused of intending to supply nitrous oxide at a music festival in derbyshire also collapsed.

prosecutor adrian Fleming admitted expert witness professor philip Cowen has ‘the firm view that nitrous oxide, as the legislation is currently worded, is an exempt substance’.

Judge david tomlinson instructed the jury to find the defendant – who cannot be named for legal reasons – not guilty. He said the verdict meant that either there was ‘a very lucky defendant or a number of other defendants will have their convictions quashed’.

it is understood about 50 people have pleaded guilty to supplying nitrous oxide under the legislation, but this is the first time a defendant has contested the charge. Some lawyers suggest other substances may also be affected.

niamh eastwood, chief executive at the drug charity Release, said that the law was ‘fundamentally flawed’.

the Home office says it will continue to prosecute those who sell nitrous oxide and was not planning to review the law.