TORY plans to ban laughing gas will not be supported by the Scottish Government.
However, the Westminster law is likely to take effect north of the Border regardless as drugs policy is reserved.
The news comes after the UK Government unveiled new measures to crack down on anti-social behaviour, including making nitrous oxide a class C drug. The move could see dealers and users facing jail time and unlimited fines.
Home Secretary Suella Braverman claimed in the Commons: “This government will put an end to hordes of youths loitering in and littering parks with empty canisters.”
Tory ministers hope to ban nitrous oxide, which is typically released into balloons from small silver canisters, before the end of the year.
It goes against recommendations from the Advisory Council on the Misuse of Drugs, which recently concluded it would be disproportionate to bring in an outright ban.
The Scottish Government said their views aligned with that council.
A spokesperson said: “Given the reserved nature of the Misuse of Drugs Act, any move to control nitrous oxide under that legislation would entirely apply in Scotland.
“On that basis we agree with the UK Government’s own Advisory Council on the Misuse of Drugs which recommended that the substance should not be controlled under the Misuse of Drugs Act, noting that sanctions for any offences would be disproportionate with the level of harm associated with nitrous oxide.”
The Home Office said it would be up to Police Scotland how to enforce any ban as policing is devolved.
This loophole is what the Scottish Government has previously said it will look at exploring when it comes to combating the drugs deaths crisis through measures such as safe consumption spaces.
