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| Poppers users beware: a draconian and discriminatory law is on its way | |
| (about 2 hours later) | |
| The fact that people like to party “pickled” is hardly news, you might think. Many of us will have reached for the occasional alcoholic beverage to ease proceedings along. Yet Thursday’s Sun front page – referring to Conservative MP Crispin Blunt and a ban on poppers as part of the government’s psychoactive bill – managed to blend homophobia and a whiff of moral panic, as it was suggested that to be high on poppers is particularly shocking. | The fact that people like to party “pickled” is hardly news, you might think. Many of us will have reached for the occasional alcoholic beverage to ease proceedings along. Yet Thursday’s Sun front page – referring to Conservative MP Crispin Blunt and a ban on poppers as part of the government’s psychoactive bill – managed to blend homophobia and a whiff of moral panic, as it was suggested that to be high on poppers is particularly shocking. |
| It isn’t. Poppers – or alkyl nitrates – are commonly used by gay men to relax muscles, making sex easier and more pleasurable. For others, the brief high is pleasurable in itself. | It isn’t. Poppers – or alkyl nitrates – are commonly used by gay men to relax muscles, making sex easier and more pleasurable. For others, the brief high is pleasurable in itself. |
| Crispin Blunt revealed himself to be among the many gay men who use poppers. His bedside drawer probably opens with the clink that characterises so many similar drawers belonging to gay men, as bottles of poppers nestle among the lube, condoms and a half-read Alan Hollinghurst novel. | Crispin Blunt revealed himself to be among the many gay men who use poppers. His bedside drawer probably opens with the clink that characterises so many similar drawers belonging to gay men, as bottles of poppers nestle among the lube, condoms and a half-read Alan Hollinghurst novel. |
| Yet from April 2016 something that’s incredibly domestic will be transformed into an illegal substance. This week the bill to ban “legal highs” passed its third reading. It’s now destined for the statute book and legal enforcement thereafter. It’s possible that the government may review the substances prohibited post-ban, but even if that does occur, there will be a period of a ban. | Yet from April 2016 something that’s incredibly domestic will be transformed into an illegal substance. This week the bill to ban “legal highs” passed its third reading. It’s now destined for the statute book and legal enforcement thereafter. It’s possible that the government may review the substances prohibited post-ban, but even if that does occur, there will be a period of a ban. |
| Related: Theresa May’s futile war on psychoactive drugs | Related: Theresa May’s futile war on psychoactive drugs |
| The government has no such concern about other substances, including alcohol, caffeine and tobacco – all of which have been linked to deaths. Schedule 1 of the bill lists these exemptions, as the bill itself is defined in sweeping terms. Psychoactive substances are described in the bill as something that “is capable of producing a psychoactive effect in a person who consumes it”. | The government has no such concern about other substances, including alcohol, caffeine and tobacco – all of which have been linked to deaths. Schedule 1 of the bill lists these exemptions, as the bill itself is defined in sweeping terms. Psychoactive substances are described in the bill as something that “is capable of producing a psychoactive effect in a person who consumes it”. |
| The news will be a shock for many men who have sex with men, who from April will face a new legal reality. There hasn’t been the usual high-profile gay rights campaigns, but Stonewall has spoken out against the possible ban, saying it could put the health of gay and bisexual men at risk. | The news will be a shock for many men who have sex with men, who from April will face a new legal reality. There hasn’t been the usual high-profile gay rights campaigns, but Stonewall has spoken out against the possible ban, saying it could put the health of gay and bisexual men at risk. |
| As stores seek to clear their poppers stock, and gay men panic buy (Black Friday-like images of gay men battling over the last bottle of Jungle Juice come to mind), poppers users may unwittingly be committing offences under the legislation. | As stores seek to clear their poppers stock, and gay men panic buy (Black Friday-like images of gay men battling over the last bottle of Jungle Juice come to mind), poppers users may unwittingly be committing offences under the legislation. |
| Perhaps your friend failed to stockpile, and you offer to help out by giving them a bottle. This would amount to supplying or offering to supply under the new law – provided you intentionally supply, you know or suspect it’s poppers and you know it will be consumed, or you’re “reckless” as to whether it will be consumed by the person you give it to or anyone else. There is an additional offence of being in possession to supply. | Perhaps your friend failed to stockpile, and you offer to help out by giving them a bottle. This would amount to supplying or offering to supply under the new law – provided you intentionally supply, you know or suspect it’s poppers and you know it will be consumed, or you’re “reckless” as to whether it will be consumed by the person you give it to or anyone else. There is an additional offence of being in possession to supply. |
| Gay men heading off for holidays or Pride events abroad may also find themselves guilty of importing or exporting poppers, although you would need to be found guilty of intentionally doing so. | Gay men heading off for holidays or Pride events abroad may also find themselves guilty of importing or exporting poppers, although you would need to be found guilty of intentionally doing so. |
| Related: Tory MP Crispin Blunt: 'I out myself as poppers user' | Related: Tory MP Crispin Blunt: 'I out myself as poppers user' |
| The mere possession of poppers in your home is not prohibited. Only possession in a custodial institution (with an intention to use the poppers) is an offence. However, should you stockpile poppers, you may look like someone – as far as law enforcement agencies are concerned – who intends to supply. | The mere possession of poppers in your home is not prohibited. Only possession in a custodial institution (with an intention to use the poppers) is an offence. However, should you stockpile poppers, you may look like someone – as far as law enforcement agencies are concerned – who intends to supply. |
| The familiar sight of poppers in gay bars, clubs and saunas will also disappear. Moreover, the legislation includes powers to introduce a “premises order”, which requires the person (say the bar or sauna owner) to take all “reasonable steps” to prevent any prohibited activity (reasonable steps are not defined). | The familiar sight of poppers in gay bars, clubs and saunas will also disappear. Moreover, the legislation includes powers to introduce a “premises order”, which requires the person (say the bar or sauna owner) to take all “reasonable steps” to prevent any prohibited activity (reasonable steps are not defined). |
| This would mean – where an order has been granted – that these venues will have an additional duty to stop guys using poppers. For example, a sauna will now have to carefully monitor whether a man brings poppers into the venue and passes them to someone else, as that would be a supply offence. Will the venues be asking their patrons to self-monitor, reporting their fellow queers for popper supply? It would be absurd if it wasn’t about to become the law. | This would mean – where an order has been granted – that these venues will have an additional duty to stop guys using poppers. For example, a sauna will now have to carefully monitor whether a man brings poppers into the venue and passes them to someone else, as that would be a supply offence. Will the venues be asking their patrons to self-monitor, reporting their fellow queers for popper supply? It would be absurd if it wasn’t about to become the law. |
| Blunt told the Commons he would ultimately respect the law of the land, but will others do the same? It has been a long time since we have seen a law that seeks to criminalise the lifestyle choices of gay men. Before this week, a ban on poppers just looked like legislative incompetence, but Thursday’s vote ensured that, in the face of parliamentary opposition, the government has passed a draconian and discriminatory law. | Blunt told the Commons he would ultimately respect the law of the land, but will others do the same? It has been a long time since we have seen a law that seeks to criminalise the lifestyle choices of gay men. Before this week, a ban on poppers just looked like legislative incompetence, but Thursday’s vote ensured that, in the face of parliamentary opposition, the government has passed a draconian and discriminatory law. |