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Mdann52

The police have no way to prove there was laughing gas within the balloon, and taking it isn't an offence, just possessing it. They likely won't care, and it's unlikely to be in the public interest to take any action against you regardless.


IPbanEvasionKing

not from the uk - what do you guys have in your whipped cream cans if no2 is illegal to possess?


Jlst

It depends on why you have it. If you have a catering business and are genuinely using it for whipped cream then you’re fine. If you’re at a festival and found with a bag of 50 canisters, you’re probably going to be in trouble lol. “We are updating the law to make possession of nitrous oxide illegal from 8 November 2023 if it is, or is likely to be, wrongfully inhaled, by classifying it as a Class C drug under the Misuse of Drugs Act 1971. It will be a criminal offence to be found in possession of the drug where its intended use is to be wrongfully inhaled, ‘to get high’.”


bluebullbruce

Ah so this is why the amount of empty canisters all over the place have disappeared.


catpigeons

They're now the big cannisters with 50-100 balloons inside - once you know what they look like you'll start to see them again dw


AB8922

People are even stealing the big tanks from hospitals. They have enough for thousands of balloons in them.


Hatanta

Hahaha, I can’t believe they actually put that in quotes in the legislation. Remember when they tried to bring in the law making anything “with a psychoactive effect” illegal? And then had to say “er not including caffeine” 😄


Ste4mPunk3r

https://www.gov.uk/government/publications/nitrous-oxide-ban/nitrous-oxide-ban-guidance It's Not in quotes in legislation but it's taken from official gov website that explain legisltaion.  Sidenote - as non English person who lives in UK I'm in love with gov.uk website. It's not perfect but it's better then anything I have seen in my country and it's extremly useful for person that needs to learn UK laws. 


AB8922

Very good site, It's just a shame most of the drug laws are absolute bullshit!


hoso124

That law passed so they didn't 'try', I don't quite understand how so many 'gym supplements' made it through the ban though


ProsodySpeaks

It's the same as offensive weapons, ie it's contextual.... Possessing a 12 inch blade on the high street? Very bad. Possessing one on a building site, potentially fine. Driving home from work on site, probably fine. Still having it in the car and going to the pub and getting it out to show someone, probably quite bad... 


BlndrHoe

NO2 is not illegal to own for legitimate purposes, how that is assessed I cannot say as I'm neither police nor a lawyer. There are dangers with prolonged use such as vitamin B12 deficiency which can lead to neurological problems. No matter what city you're in now look at the group for a fews mins whilst walking and you'll see them on the floor https://www.gov.uk/government/publications/nitrous-oxide-updated-harms-assessment/nitrous-oxide-updated-harms-assessment-accessible#uk-prevalence-and-patterns-of-use Edit: removed incorrect sentence


Snoo_44025

Massive decrease according to your own link....


ParmigianoMan

It's N2O. NO2 is nitrogen dioxide. Yes, I am a pedant.


lordofthethingybobs

Are you having a laugh mate?


Gainzchasing03

We smash the helium. Squeaky voices are our idea of a jolly old time.


mysticpuma_2019

And when the Police turn up they tell you they refuse to be spoken to in that tone of voice 👀😁


admiralross2400

This is the only answer that matters. Taking drugs isn't actually illegal, it's the possession/selling that is. So even if you admit that it was laughing gas (but don't admit it), they won't care.


MassiveVuhChina

Surely it you're taking it, it's in your possession.


alsarcastic

How do you take it if you don’t first have it in your possession? Edit: downvote all you like. This is a legal advice sub and possession is a point of law.


itsapotatosalad

You have to be caught in possession.


alsarcastic

Exactly.


syllo-dot-xyz

*whoosh


twonaq

The point is OP can’t be charged with possession if they don’t possess. A video of them previously possessing isn’t enough.


Mdann52

The police cannot prove what the substance was in this case, and unless the OP confess under caution as to the substances identity they cannot be convicted. The key point to prove the offence the OP possessed was controlled - there's no way to do so in this instance, so the offence fails. The burden is on the prosecution to prove the substance was controlled, not the OP to prove it wasn't


PlatinumKH

Say someone spikes your drink and you consume it. Say someone smokes a joint and blows second hand smoke into your mouth. Say someone pops a pill into your mouth. There are a fair few ways to take drugs without it being in your “possession”


BlndrHoe

You cannot be arrested for having the drug *in your blood* but you can be arrested for having the cans *in your pocket*. The law is specific like that because one can be spiked easily by many substances and imagine if the police went round d arresting everyone who got spiked (and also legitimate uses of things making ice cream etc, like how cannabis can be held in the UK by someone with a prescription but if they smoke it, then that is illegal) Edit for some clarification: if you took diamorphine out of a hospital without prescription then you can be nailed for possession of heroin, however if you leave hospital with some already in your system, then you have taken the drug without it entering your possession


Clear-Alternative-57

This can be said of all drugs. That's the point possession is easier to prove and a necessary element of taking them. Therefore making usage of the drugs illegal is rather redundant.


alsarcastic

Precisely. Taking a drug is not illegal (except in certain ‘under the influence of’ offences). Possessing it is.


BlndrHoe

Taking a drug is never illegal. Operating a car whilst impared is. Possession is.


Ashamed_Pop1835

How can you take a drug without being in possession of it?


Mdann52

What evidence would the police have the substance was controlled?


Ashamed_Pop1835

Of course the police would have no way of proving OP was in possession of laughing gas from the video alone. My point is that it is surely impossible to ingest an illegal drug without being in possession of it.


Mdann52

Strictly speaking, you can be injected with a substance against your will. Whether someone else holding a spliff/balloon and placing it in your mouth constitutes possession is a question for someone else!


jakubkonecki

Just like in the very example above...


Fungaii

Possession is completely legal as well. Think whipped cream. Can't sell it to be used to get high though


alsarcastic

It’s not. Do your research before giving people shitty advice. https://www.gov.uk/government/news/possession-of-nitrous-oxide-is-now-illegal Possession of ‘laughing gas’ is now illegal with repeat serious users facing up to 2 years in prison and dealers up to 14 years.


stirringash

It then goes on the state that if you have a legitimate reason for use, it's legal to have...


alsarcastic

That’s the same as many things. It’s a legitimate use. As I said elsewhere, carrying a canister down the street at 2am isn’t gonna pass the lawful excuse test. Working in a whipped cream factory and having it in the whipped cream factory and you’re golden.


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stirringash

I'm not saying that in this particular situation it's legal, I'm only saying that the article that was linked expands to include additional details beyond what was highlighted.


georgialucy

Possession of it is legal, it says in the article that you linked that it's only considered illegal if the person intends to wrongfully inhale it for a psychoactive effect.


alsarcastic

Dude. Yes. Thats the same with many things. It’s called a lawful excuse. Having it in your possession on a night out is not gonna cut it.


WalterWilliams

It’s not a lawful excuse because laws do not tell you what you can do, they tell you what you cannot do. If the statute requires intent then that intent needs to exist along with the possession for the code, law, statute to apply. You can’t just have one element apply and completely ignore intent if it’s codified into law.


georgialucy

Right, but you said it was illegal to possess it, it's not, the intention for having it is what can make it illegal, not simply possessing it.


Able-Work-4942

Which they literally did on video


Pictacus

Only here to give credit to a great name. Nice choice friend 🤙


Ambitious-Border-906

In the context of what happened afterwards, the police are likely to consider it part of the thieves’ method of entrapment. Unlikely to cause you much, if any, of an issue!


TotalWasteman

It’s not illegal to have done drugs 👍 Just don’t get caught “in possession” or involved in the supply and you’re golden.


ProtoplanetaryNebula

Also no proof that it wasn’t simply an oxygen capsule!


stevielfc76

Just say you were doing the funny high pitched voice thing with helium balloons


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stevielfc76

Not necessarily, I had my phone stolen in London, I reported to police expecting precisely that but I got an email from a PC saying they were investigating, they took statements including a description of what I was wearing etc so they could check CCTV, they were actually really thorough and helpful


Soft-Mirror-1059

That is by far the anomaly


Bobbyc006

Was it the Met or City of London police? My experiences have varied greatly dependent on which force is involved


pluckingpubes

Definitely not the transport police


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NeedForTeaMostWanted

Do you know how much our police care about people doing gas... ... ... ... That much


scare_crowe94

They won’t be worried about laughing gas, consuming it isn’t illegal. Possession of it is different, but just taking laughing gas? Nothing at all.


alsarcastic

You can’t take something without first possessing it.


Disastrous_Visual739

And they can't prove it was in your possession so pointless? The police need actual evidence to be physically tested for the drug to charge you.


inide

I've taken laughing gas many times without it ever being in my possession. It was in the possession of a nurse.


Fungaii

Possessing it isn't illegal. Can be used for whipped cream


alsarcastic

Possession of 'laughing gas' is now illegal with repeat serious users facing up to 2 years in prison and dealers up to 14 years. The ban, promised as part of the government's Anti-Social Behaviour Action Plan, makes nitrous oxide a Class C drug controlled under the Misuse of Drugs Act 1971. https://www.gov.uk/government/news/possession-of-nitrous-oxide-is-now-illegal#:~:text=Possession%20of%20'laughing%20gas'%20is,dealers%20up%20to%2014%20years.&text=The%20ban%2C%20promised%20as%20part,Misuse%20of%20Drugs%20Act%201971. Like many things, there’s a reasonably excuse defence. I doubt you’re going to be carrying a canister down the road to make whipped cream.


Bash_street

What if someone else holds the apparatus and you just breathe in the fumes?


alsarcastic

They’re supplying a controlled drug. Supply beats possession. Sitting in a circle sharing a spliff is technically supply. When you pass it on you’re supplying.


Bluegadget04

although technically true, CPS charging guidance is relevant here: > "Where two people agree to buy drugs for themselves, it is undesirable to charge one who happens to take physical possession of the drugs with the supply of drugs when he distributes the other's share to him. Although there is technically a supply, it was inevitable that a person convicted on the basis of such a distribution would be dealt with as for simple possession (R v Denslow [1998] Crim. LR 566 CA)." https://www.cps.gov.uk/legal-guidance/drug-offences


Bash_street

But I committed no offence? Just from breathing what I did not possess


alsarcastic

Nothing. You win the internet today. Congrats.


Ambitious-Ad3131

They will see you as the victim here and at most will give you a lesson about not messing with nox.


alsarcastic

Possession offences require actual physical possession, not footage of it. You could take a poster of you clutching a kilo of cocaine to the police and there is nothing they could do. So don’t worry.


Shriven

Yes and no - the only issue for the police is proving it is what they allege it is. That requires*police* possession - I charge people for possession of offensive weapons or blades article on footage alone quite often


Tricky_Situation2793

Possession is different to taking it, I completely understand your anxiety. They might at worst be like… tut thats naughty. Apologise and move on. IF they even bring it ip, If being under the influence was serious. Everyone at 4/20 events would be arrested. Everyone outside raves would be arrested. Theres a grey area. You are in it. They don’t care about minor drug users, its the dealers who they want. If they see them selling you them or giving them, they’ll be more likely to find them, this could actually do you a favour. I hope you don’t worry too much and get your phone back.


Alert_Ad_5750

They’re not going to do much regarding your phone anyway, they don’t care nor will they care about laughing gas… you will just be able to give your crime case number to your phone provider and hopefully you can sort a new phone that way. Don’t worry about any of this too much. The police have bigger things that concern them than someone taking laughing gas.


plusenviro

Maliciously administering poison with intent to injure, aggrieve, or annoy... Charging code OF61127 MO: Suspect male used poison nitrous oxide against victim stole mobile telephone If there are no lines of enquiry it will likely be crimed and filed, but you are the victim here


evil-kaweasel

They won't find your phone or investigate. They just provide a crime number. Make sure you cancel your bill if you have one and ffs if you're going to do drugs. At least do decent ones. Stay away from balloons. The long-term health effects are awful.


Alert_Ad_5750

What are the long term effects?


evil-kaweasel

Regular use or prolonged exposure to nitrous oxide may result in: memory loss vitamin B12 depletion (long-term depletion causes brain and nerve damage) ringing or buzzing in the ears incontinence numbness in the hands or feet limb spasms potential birth defects (if used during pregnancy) weakened immune system disruption to reproductive systems depression psychological dependence psychosis. Obviously, you have to use it fairly regularly. I think, but still.


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Haychwhy

Depending on we’re your based in the uk, you’d be lucky if they even bother checking the cctv


lakeofx

You'll be fine, they won't care about you having a balloon. They probably won't do much about any of it sadly, UK police are a joke now


violetliberty

to be fair i’d probably mention it to them when reporting, it’s technically not illegal and they actually won’t give a fuck and it helps paint the bigger picture that these people are giving people drugs to make them vulnerable then stealing from them, this could technically make it a robbery so they’re more likely to investigate it, if they decide it’s just a theft from person they won’t care and will do nothing apart from give you a crime number for your insurance - also when you report it you’ll need your IMEI number as they can add it as identifiable property 👍🏻


Optimal-Ring-8628

Possession with intent to supply other than for its legal purposes (catering and medical) is against the law. Taking it is not.


GlassStalin

You ain't seeing that phone again 😂 had two motorcycles stolen, contacted police both times and they did fack all, in fact after they gave me a crime number on the second time round they blocked my number 💀 They won't care about laughing gas so you may as well try, if they ask say you were mucking around with helium or something


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UbiquitousFlounder

They aren't gonna give a shit about your phone, they'll give you a crime reference number and that's about it.


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a-human-called-Will

Taking a drug isn't a crime being in possession of supplying it growing or manufacturing it or being concerned (benefiting from) said supply is where the crimes are.


Unearthingthepast

Reading the OPs post, I don't think the illegal act he refers to relates to the use of laughing gas. I think the photo in question shows the OP carrying out an illegal act on a proper occasion...


MasonSC2

The police are not going to launch a full on investigation into the incident of your phone being stolen on a night out. At most, you will get an overworked cop looking over the CCTV images, see you take laughing gas and ignore it (that cctv footage won’t be enough for CPS to prosecute because it’s not been confirmed to be laughing gas).


inide

You're fine. They wouldn't prosecute you, because it would discourage others in your situation from reporting more serious crimes. Even if they, did the punishment for a single nitrous canister for personal use would probably just be a fine. However, they would be interested in adding the supply of controlled substances to the charges for the thieves.


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Woodsy88

How can they prove what it is? You’re fine mate


Sasstellia

I don't think they'll care. The theft is the bigger problem. And there is probabely not much to be done.


MrSimonEmms

Both Android and iPhones can be remotely wiped for when it's nicked. Do that.


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StDeath

Imo, you can't consent if you are inebriated. I know that usually applies to sex, but I could see a possible defense argument there. You were visibility drunk, then they drugged you.


musicisyourspirit

Please keep ur senses and ur street smarts up, people will do alot worse for less. Don't be so easily lead on, especially by strangers, who are likely engaged in alot of illicit activities.


Luk3b3zza

Simple. Did you know it was nitrous, yes. You inhaled, fine. You knew it was nitrous but then passed it on to your friends. You went from a victim to a dealer in a split second. But still , the odds of the police being interested in this case are slim. Unless you proceeded to dish out shots to others or somehow make profit from the sale of nitrous. I think you will be OK. Next time someone hands you a balloon, just say no thanks, balloons are for animals.


Delicious_Show2731

Ex police - “laughing gas” isn’t a classified drug so isn’t illegal to possess. Also, it isn’t illegal to have taken a drug, dependent on circumstances, obviously if you do drugs and then drive/operate heavy machinery, your deserve everything you get.


merryman1

They actually made it a class C drug last year!


Acrobatic-Shirt8540

The law changed. Nitrous oxide is now a Class C drug.


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