Double Jeopardy Law
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Law on legal highs to be reviewed.
The law banning legal highs in the UK is to undergo an urgent review following the collapse of the first case brought against it.
The case relates to trials of people charged with intending to supple laughing gas at music festivals, both cases were stopped when it was revealed that the drug is exempt, Nitrous Oxide is one of the most used so called ‘legal high drugs’ and it is disappointing that the new legislation, whilst intending to cover exactly this type of drug, failed to do so.
Nitrous Oxide is used day to day for pain relief, and the new law exempts medical products.
It’s our understanding that consideration is being given to how the law is to be amended or indeed if the law should be amended at all, I guess that all comes down to if you want it to work or not!
The Judge in one case said "nitrous oxide is plainly capable of coming within the definition of an exempted substance… and in my view, on this evidence; it plainly is an exempted substance".
All pending cases have been dropped and a review is being undertaken were a defendant has pleaded guilty.
The Law banning legal highs was launched in 2016, but we now understand that, even whilst the law was being passed, critics had warned that the law may be unenforceable.
The second body blow to the legislation is the clarity needed to fall under the category of a drug being ‘psychoactive’.
Scientists are working on an experiment to prove if a drug is psychoactive, although some scientists state than the only way is to scan the brain of the user whilst the drug is administered, which is clearly not practical.
It is estimated over 800,000 people in England and Wales used nitrous oxide last year, a huge number and perhaps a reflection on how much a deterrent the existing law is.
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