Are those who trade in nitrous oxide doing something illegal? This is the question that was raised during the case of a 22-year-old young man, who appeared this Monday, December 2 before the Pau criminal court. The debate was not resolved at the time by the magistrates who reserved their decision until February 6, 2025.
The materiality of the facts has not been contested. The defendant admitted to having possessed, purchased and transported nitrous oxide from the beginning of 2023 to October 6, 2024. On this date, he was checked by the gendarmes at the Pau toll booth at the wheel of his car: inside, the soldiers discovered balloons and several boxes of canisters of this laughing gas inhaled recreationally, mainly by young people.
The defendant was returning from Toulouse where the goods were cheaper. “I was going to keep half for myself for the long term, the other half for my colleagues. In itself, it’s not difficult to find,” explains the young Béarnais. A few keywords on the Snapchat application and sourcing is possible.
48 kilos
More than 48 kilos were found between the home and the car of someone who describes himself as a regular consumer. “For the euphoric effects, relax with colleagues, but without being drunk,” says the BTS international business student who has not finished his course. “There is no risk of immediate danger. After three or four minutes, it goes down again. »
“It is a dangerous substance whose consumption is trivialized by minors”
The debates mainly focused on the existence of an offense or not. The Public Prosecutor's Office maintains that the defendant broke the law: nitrous oxide is included on the list of poisonous substances and belongs to the category of products presenting health risks. “Addictions, neurological after-effects, risks of suffocation,” lists prosecutor Orlane Yaouanq.
“It’s not trivial”
In defense, Me Maxime Barnaba pleads for acquittal and cites two recent decisions going in this direction. “This nitrous oxide, a foodstuff, is not the one referred to in this list and which is for medical use,” points out the lawyer. Which reminds us that the gas is used for its anesthetic and analgesic properties, in whipped cream bombs or even by automobile enthusiasts to increase engine power. So many uses which do not expose you to any legal proceedings.
“It is a dangerous substance whose consumption is commonplace among minors. But we are facing significant health consequences. This is not trivial,” warns the prosecutor more generally. Wanting to put “a firm stop to this type of delinquency”, she requested two years in prison with a committal warrant against the defendant, whose criminal record includes an entry for aggravated theft.
At the bar, the young man, who will be under judicial supervision until the decision, claims to have stopped his consumption.
