‘Hippy crack’ dealers could be laughing at the law

DRUG dealers who sell so-called “hippy crack” could escape prosecution after judges threw out two cases, saying a new law banning legal highs does not cover the substance.

Nitrous oxide, also known as laughing gas, has become popular with teenagers, who inhale small amounts to get a brief hit of euphoria. While not addictive, the gas can cause dizziness and so increases the risk of injury through accident, and has been linked to a number of deaths through asphyxiation.

Last year a new Bill, banning the sale of psychoactive substances, otherwise known as legal highs, outlawed the supply of a wide range of mind-altering products, including nitrous oxide.

But there have been calls for a review of the law after the first prosecutions involving laughing gas were dismissed by the trial judge, following successful legal challenges. The wide-ranging law came into force in May this year to stamp out the distribution, sale and supply of substances capable of producing a psychoactive effect. Substances, including alcohol, tobacco, caffeine and medical products were excluded.

Last month two men accused of trying to sell nitrous oxide at the Glastonbury music festival walked free from court after their lawyer argued the gas was exempt from the legislation because it was also used for medical purposes. Earlier this week a second case, involving an alleged supplier in London, also collapsed after the prosecution’s own expert witness admitted nitrous oxide was exempt.

Niamh Eastwood, of campaign group Release, said: “The collapse of these prosecutions under the Psychoactive Substances Act demonstrates the fundamentally flawed nature of the legislation.” A spokesman for the Crown Prosecution Service said: “We assess all cases referred by the police, in accordance with the Code for Crown Prosecutors, to determine whether there is sufficient evidence to provide a realistic prospect of conviction and if it is in the public interest to pursue.

But the Home Office insisted that it remained illegal to supply nitrous oxide for its psychoactive effect.

Jeremy Sare, from the drug and alcohol prevention charity Mentor UK, said: “The primary purpose of the act was to target the most harmful, unpredictable and addictive substances rather than laughing gas.”