The court of instruction number 3 of Ibiza has delivered a sentence of 4 months in prison and a 720 euro fine to a man who was arrested by Local Police on September 28th 2018 having been seen offering laughing gas for sale to pedestrians on San Antonio seafront promenade.
The facts as presented by the police state that the defendant had in his possession 12 capsules of nitrous oxide laughing gas, ‘gas de la risa’ in Spanish, also a dispenser and a pack of 25 balloons. He was in possession of 165 euros. The ruling states that “nitrous oxide is a substance whose non-therapeutic use has a detrimental effect on health that is manifested in hallucinations, amnesia, euphoric state, nausea, vomiting; possible neurological effects consisting of spinal cord injury due to blockade of vitamin B12, headache, euphoria, drowsiness, convulsions, central depression, vertigo and respiratory effects with dyspnea and may cause fainting or heart attacks”.
For all these reasons, the seller of this substance is considered the author of an offence against public health for commercializing substances harmful to health according to article 359 of the Criminal Code. As a consequence, he was sentenced to a term of four months in prison, four months of a fine with a daily fee of six euros, as well as a disqualification from traveling for one year.
The same individual is also accused of having caused injury to a Police officer, an offence for which he will be tried in a separate proceeding.