In November 2023, nitrous oxide was classified as a Class C drug under the Misuse of Drugs Act 1971.
By Mariam Issimdar & Stuart Woodward
BBC News, Essex
A man has been jailed for four months for possession and intention to supply nitrous oxide in the first prosecution since it became an offence.
Essex Police found cannisters alongside ketamine and £38,995 in cash after Thomas Salton was pulled over in Southernhay, Basildon, in December.
The drugs were discovered in party bags with balloons and crackers in the boot of his Range Rover.
Image source, Essex Police
Thomas Salton has been jailed for possession and supply of illegal drugs including nitrous oxide
Southend Crown Court heard how officers caught the 31-year-old during a traffic stop, finding drugs and non-disclosure agreements for clients to sign.
Raids were carried out at Salton’s home address in Hunters Court, Brentwood, and two storage units linked to him in the Vange area.
Officers uncovered a vacuum-sealed bag of psilocybin – or magic mushrooms – alongside further bags of ketamine and 408 nitrous oxide cannisters.
Salton appeared at Basildon Crown Court on 8 January, where he admitted possession with intent to supply a Class B and Class C drug.
He also admitted possession of a Class A drug, on the basis the mushrooms found were for personal consumption, and possession of criminal property.
He was jailed for four months for possession and intent to supply nitrous oxide but will serve 35 months in total for all offences.
Image source, Essex Police
Party boxes with nitrous oxide canisters were found in the boot of a car
In November 2023, nitrous oxide was classified as a Class C drug under the Misuse of Drugs Act 1971.
Under the legislation, users could face up to two years in prison for possession, while those convicted of supply could face up to 14 years.
Alex Hinds, for the Crown Prosecution Service East of England, said: “The evidence against Thomas Salton was overwhelming and this case is an example of all parts of the justice system working together to get drugs and those who sell them off the streets.
“The change in the law coupled with the actions of the police has allowed the CPS to present the strongest case in court and put Thomas Salton out of business and into prison.
“Nitrous oxide is a dangerous drug and hopefully this first conviction will deter those thinking of buying or selling it.”
Det Sgt Stephen Robson said the police investigation placed Salton “in the midst of large-scale supply” to customers within the party scene in Essex.
“It is perhaps easy for people to think that consuming these drugs at a party is harmless.
“In reality, it is this market which lies behind the serious violence and exploitation of vulnerable people, which goes hand-in-hand with illegal drug supply.”
Image source, Thomas Dalby 42082749
Police discovered nitrous oxide canisters at properties linked to Salton
Essex’s Ch Supt, Simon Anslow, said officers would work with people to explain the change in law but, “where that doesn’t work, we won’t hesitate to consider enforcement action.”
He added that the sentencing length for the nitrous oxide offence was a court decision, but the force was “really pleased” the courts had imposed a term of imprisonment.
Crime and Policing Minister Chris Philp said: “This conviction and sentencing sends a clear signal to anyone considering dealing in nitrous oxide, or found in illegal possession of it, that this crime will not be tolerated.”
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