CALIFORNIA CRIMINAL LAWYERS

Los Angeles Possession of / Under the Influence of Nitrous Oxide

Nitrous Oxide: The Dangers and Consequences

Nitrous Oxide, also known as “laughing gas,” is a colorless gas that has a sweet taste and is commonly used by dentists and racecar drivers. However, the misuse of Nitrous Oxide has become increasingly common, leading to several legal consequences.

Effects of Nitrous Oxide

Nitrous Oxide is known for its ability to make individuals feel happy and relaxed, while impairing their judgment. The gas can cause hallucinations, euphoria, unconsciousness and even death through asphyxiation when inhaled in large quantities. It is also reported to be used in committing sexual assault by impairing the victim’s judgment.

Illegal Use of Nitrous Oxide

It is illegal in both California and federally to use Nitrous Oxide as a recreational drug. Though Nitrous Oxide is legal for legitimate purposes including food products, it is illegal to sell or distribute Nitrous Oxide for the purpose of human consumption without a valid prescription from a licensed healthcare professional. Federal law punishes this offense with a fine of up to $100,000 and up to one year in prison.

Penalties for Possession or Sale of Nitrous Oxide

The laws governing Nitrous Oxide differ from traditional hard-core drugs like heroin, cocaine, or prescription tranquilizers. However, it is a misdemeanor to possess or sell Nitrous Oxide with the intent to get high, with a maximum punishment of six months in jail. It is illegal to be under the influence of Nitrous Oxide unless it was prescribed by a licensed health care professional, like a dentist. It is also unlawful to give or sell Nitrous Oxide to someone under 18 years of age, which can lead to a business losing its state license.

Crackdown on Illegal Use of Nitrous Oxide

Nitrous Oxide used to be a prevalent “rave” drug, which law enforcement used to less commonly prosecute. However, state and federal governments have been cracking down on the drug’s illegal use.

Seek Legal Help

If you have been charged with possession or selling Nitrous Oxide with the intent to get high, you need an experienced attorney to help you through the legal proceedings. Attorneys can review the charges and develop a defense strategy to get you the possible outcome in your case.

Nitrous Oxide and the Law: A Breakdown

Nitrous Oxide is a peculiar gas that can make us feel happy and relaxed when inhaled. However, it comes with dangerous potential when used irresponsibly, leaving individuals susceptible to legal sanctions. Here is a breakdown of the law surrounding Nitrous Oxide.

Legal Usage of Nitrous Oxide

Nitrous Oxide is legal for any legitimate purpose, including as a food propellant, as it is FDA approved. Its use in car racing is also legal, as long as it is utilized safely.

Illegal Usage of Nitrous Oxide

It is illegal to possess or distribute Nitrous Oxide for the purpose of human consumption unless prescribed by a licensed health care professional. Any attempt to sell Nitrous Oxide for recreational purposes, like getting high, is illegal under both federal and California law. Repeated offenses can lead to a business losing its license to sell Nitrous Oxide to someone under 18 years of age.

Penalties of Nitrous Oxide Possession

It is a misdemeanor to possess or sell Nitrous Oxide with the intent to get high, which can lead to a maximum of six months in jail. The gas cannot be inhaled without being prescribed by a licensed physician, and any attempt to do so illegally can result in significant fines and even one year in federal prison.

Federal and State Law Differences

According to federal law, Nitrous Oxide is not a controlled substance, unlike other harsh drugs like heroin or cocaine. Instead, the FDA regulates Nitrous Oxide since it’s legal for legitimate purposes. However, violating the FDA’s regulations by selling or distributing Nitrous Oxide as a drug can lead to severe penalties.

Nitrous Oxide and Sexual Assault

Nitrous Oxide is commonly used as a date rape drug, impairing judgment and increasing the likelihood of assault. Any attempt to use Nitrous Oxide to facilitate rape or any other form of sexual assault is criminal, leading to harsher legal consequents.

Conclusion

Nitrous Oxide has been responsible for several legal consequences in recent years, leading to stricter laws surrounding its usage. While it may provide a temporary sense of pleasure, Nitrous Oxide is dangerous and can lead to long-term side-effects. If you or someone you know is facing legal charges due to Nitrous Oxide usage, it’s essential to hire an experienced attorney to mitigate any potential consequences.