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IS BUYING AND SELLING “LAUGHING GAS BALLOONS” CONSIDERED AS “DRUG” TRADING?

Posted on by contentplsg
Lately, in bars or clubs, teenagers often use a type of colourless gas called “laughing gas balloons”. So, is laughing gas balloons is a drug? Is it considered as a crime if using laughing gas balloons and producing laughing gas balloons is legal?

Table of Contents:

  1. Is “laughing gas balloons” considered as a drug?
  2. Is using “laughing gas balloons” against the law?
  3. How is illegal buying and selling of “laughing gas balloons” handled?

1. Is “laughing gas balloons” considered as a “drug”?

“Laughing gas balloons” is actually normal balloons but is filled with Dinitrogen monoxide (N2O) gas using a specialized pump. When users inhale these laughing gas balloons, the N2O gas spreads, seeps into the body, causing a feeling of excitement, creating the illusion of non-stop laughter. Long-term use will lead to nervous inhibition and mild stroke or more seriously, it will have a negative impact on the cardiovascular system, nervous system, and if abused, it will lead to depression…

However, N2O gas in “laughing gas balloons” is not on the list of narcotics and precursors issued under Decree 57/2022/ND-CP regulating the lists of narcotics and precursors, so it is not a drug.

2. Is using “laughing gas balloons” against the law?

Because N2O gas is not on the list of narcotics and precursors as prescribed in Decree 57/2022/ND-CP regulating the lists of narcotics and precursors. This means that using laughing gas is not violate the law.

However, N2O gas is on the List of chemicals with restricted production and trading as prescribed in Appendix 2 of Decree 82/2022/ND-CP. N2O gas is essentially an anesthetic, and is used primarily in medicine to numb, relieve pain, or to package and preserve food.

3. How is illegal buying and selling of “laughing gas balloons” handled?

According to Clause 6, Article 17 of Decree 71/2019/ND-CP regulating administrative sanctions in the field of chemicals and industrial explosives, if the production and trading of chemicals with restricted production and trading in the industrial field is N2O, the penalty shall be as follows:

“Article 17. Violations against regulations on manufacture and sale specified in the license to manufacture or sell industrial chemicals restricted from manufacture and sale:

6. A fine ranging from VND 20,000,000 to VND 25,000,000 shall be imposed for manufacturing or selling industrial chemicals restricted from manufacture and sale without a license to manufacture or sell industrial chemicals restricted from manufacture and sale or continuing to manufacture or sell chemicals while the operation or the license to manufacture or sell industrial chemicals restricted from manufacture and sale is being suspended.”

Additionally, individuals or organizations that commit violations must also be forced to return the illegal profits gained from the violation to remedy the consequences according to Point b, Clause 8, Article 17, Decree 71/2019/ND-CP.