A LANDMARK case at Taunton Crown Court has resulted in laughing gas remaining legal.

The judge dismissed the case against two Glastonbury festival goers who had been charged with possession of a psychoactive substance with intent to supply.

The defence argued that nitrous oxide - the chemical name for laughing gas - was not covered by the Psychoactive Substances Act, which was brought in last year to outlaw what were then called 'legal highs'.

The law states that for a substance to be defined as psychoactive it needs to get you high and it should not be included in the exempted list, which includes alcohol, food and medicine.

And because nitrous oxide is commonly administered as a medicine, Mr Recorder Paul Garlick QC threw out the case against the two men, who were arrested at last year's Glastonbury.

Ramya Nagesh, lead defence barrister in the case, told Metro.co.uk: "The Psychoactive Substances Act 2016 says that for a substance to be a 'psychoactive substance' it has to not only have a psychoactive effect but also that it can’t fall into one of the exempted categories that the act sets out.

"There are a number of these categories, and they include food, alcohol and caffeine.

"One of these categories is medicine, because of course some medicines may have a pyschoactive effect but also are legitimately used to help people.

"The argument was that nitrous oxide falls into this category because it can be used for various medical purposes, and so, the argument went, it is exempt from the criminal offences set out in the Act."

The judge told the court: "Nitrous oxide is plainly capable of coming within the definition of an exempted circumstance...and, in my view, on this evidence, it plainly is an exempted substance."

A Home Office spokesman said nitrous oxide is covered by the Psychoactive Substances Act and it is illegal to sell it for its psychoactive effect.

He added: "However, the act provides an exemption for medical products.

"Whether a substance is covered by this exemption is ultimately one for a court to determine based on the circumstances of each indivdual case."