Category Archives:Drug Manufacture

The toxic psychedelic NBOMe is continuing to take Australian lives as users of illicit drugs are unaware that the synthetic substance may be added to MDMA or LSD.

Recently, a batch of ecstacy pills linked to the deaths of three Melbournians were found to contain traces of MDMA mixed with NBOMe. The mix was also found in substances tested by Queensland police after a death and several hospitalisations on the Gold Coast last year.

Presence of NBOMe on the rise

Although there is little data on the prevalence on NBOMe use in Australia, Google Trends suggests that interest in the drug began in April 2012, and has been increasing ever since.

NBOMe can be purchased through websites that sell “research chemicals”, as well as online drug marketplaces on the ‘dark net’. Because the drug is potent in miniscule quantities and has virtually no scent, it is often transported undetected via regular mail services.

The effects of the drug are reported to be more similar to LSD than MDMA, and only tiny doses are required. A dose of MDMA, for example, is 125mg, whereas people have reported NBOMe as being active at just 0.05mg. The drug’s high potency increases the likelihood of overdose.

Synthetic drugs

Media and government reports often distinguish ‘synthetic drugs’ such as NBOMe from other commonly used substances such as LSD, MDMA and methamphetamine.

The distinction is misleading as the latter three drugs are also produced synthetically, as opposed to those derived from plants such as cocaine, heroin and of course cannabis.

A better definition of synthetic drugs is those manufactured using legal substances, which produce effects similar to illegal drugs.

Indeed, the category of “analogue” has been added to the schedule of the Drug Misuse and Trafficking Act 1985, which refers to synthetic substances which are chemically similar to illicit drugs and produces a psychotropic; essentially mimicking drugs which are illegal.

Overdoses

ABC’s 7:30 programme has reported on three Australian teenagers who lost their lives after using NBOMe.

Nick Mitchell of Gosford, NSW, reportedly died after experiencing respiratory and heart problems, while Preston Bridge and Henry Kwan died after jumping from balconies during psychotic episodes.

It was reported that all three young men had consumed an LSD-like substance, suspected to be NBOMe after no LSD acid was found in their bodies following toxicological examination.

“At a strong dose, users may lose a sense of their self in the world”, explained Dr Monica Barratt, Research fellow at the National Drug and Alcohol Research Centre at the University of NSW.

“For some people who aren’t anticipating that experience, that is very difficult for them to cope with, they may end up with psychotic symptoms”.

“The world around them as they know it is falling apart. It really plays with your sense of time.”

Harm minimisation

There are concerns of drug suppliers continuing to “contaminate” ecstacy pills and LSD with NBOMe, which is a lot cheaper to purchase.

Unlike LSD, which has a relatively low toxicity profile, NBOMe is said to carry serious health risks.

Individuals have presented to emergency departments with acute NBOMe toxicity, experiencing symptoms such as cardiovascular complications, agitation, seizures, hypothermia, metabolic acidosis (when the kidneys can’t remove enough acid from the body), organ failure and even death.

While some politicians and police continue to defend the failed war against drugs, health experts have renewed their calls for harm minimisation measures such as pill testing at music festivals and other major events to reduce the incidence of overdoses.

Anex, a not-for-profit harm minimisation organisation in Victoria, recently launched a campaign aimed at informing LSD users that NBOMe may be contained in their drugs, and encouraging them to purchase and use legally available drug testing kits. The organisation advises users not to ingest the drug if it does not test positive for LSD.

They further recommend that if a testing kit is not available, users should only take a quarter dose and wait one-and-a-half hours before considering taking any more.

By Zeb Holmes and Ugur Nedim

A bad batch of ecstasy is believed to be responsible for up to 20 overdose deaths in Melbourne’s inner south-east. Police are concerned the batch may still be in circulation, warning party-goers in the area.

The overdoses occurred near Chapel Street in Melbourne from Friday night to Sunday morning. Police suspect the MDMA was laced with GHB or other substances, and paramedics are bracing for more hospitalisations over the summer festival season.

Police response

“There’s a definite chance of there being more,” said Detective Acting Senior Sergeant Dave Newman. “A batch of drugs like this will take a long time to dissipate, or disappear from the scene.”

He urged anyone who experiences an adverse reaction to seek medical help immediately. “Unfortunately, with the nature of this drug, you don’t know what you’re taking,” he said. “And at the moment, there’s a heightened risk.”

Police are awaiting forensic testing to determine the cause of the overdoses – whether it be a high level of purity and/or the nature of additional substances used.

A 30-year-old man was arrested early on Sunday and charged with drug supply, drug possession and dealing with the proceeds of crime.

He will appear in the Melbourne Magistrates Court next Monday.

Rise in ecstacy use

The use of ecstacy is reported to have risen in recent years, along with an increase in the MDMA component of the drug.

The Ecstasy and Related Drugs Reporting System (EDRS), which surveys regular psychostimulant users each year, reports that nearly 60 per cent of users now take ecstasy in its purer crystal form.

Research from the National Drug and Alcohol Research Centre suggests that ecstacy use increased by six per cent in 2016 alone, with 93 percent of users reporting that it is either easy or very easy to obtain. The Centre reported a 70 percent increase over the past five years.

Harm reduction

Professor Michael Farrell is concerned by the risks associated with fluctuating levels of purity and dangerous fillers, arguing for the introduction of pill testing at dance parties and music festivals.

“There may be the possibility that, as we did with needle exchange programs, you make sure that the police stand back and don’t interfere with certain things with the notion that it may confer some benefit and some reduce-to-harm around some people,” he said.

The drug liberalisation group Unharm has been calling for pill testing for years.

“Drugs that should be tested in laboratories are being tested on humans and this is the result,” says the group’s Facebook page. “Like the pollies and police always say, ‘you don’t know what you’re taking’, and that’s because THEY are making it almost impossible to find out”.

NSW government’s position

Earlier this year, NSW Police Minister Troy Grant rejected the introduction of pill testing in our state, stating:

“The number one problem is that what they are proposing is some sort of quality assurance measure for an illegal drug, for drug traffickers, to be conducted by police and the New South Wales Government. Well, that’s just not going to happen”.

Public opinion

Research suggests that a majority of Australians support harm reduction measures like pill testing and needle exchange programs.

The former has been highly successful in preventing overdoses in several European countries, while the latter in the form of the medically supervised injection centre in Kings Cross has resulted in ambulance callouts for drug overdoses reducing by 80% and zero reported fatalities.

Young people are particularly supportive of pill testing; with 82% of 2,300 young Australians aged between 16 and 25 years surveyed for the Australian National Council on Drugs in 2013 being in favour of its introduction.

While Mr Grant argues that harm minimisation measures “send the wrong message”, he seems to ignore the fact young people are taking drugs regardless of the penalties – indeed, drug use is on the rise – and are ending up in hospital or even dead in the absence of a sensible, pragmatic approach.

It’s common knowledge that selling illicit drugs or having them in your possession is a criminal offence.

But what about items used to consume drugs such as pipes, bongs and other drug paraphernalia?

With an estimated one-third of all young adults having tried cannabis at some point in their lives, and approximately 300,000 people who smoke it on a daily basis, it’s a natural incidence that bongs and other drug-related equipment are also commonplace.

However, in many cases it is illegal to have these types of items in your possession, even in the absence of any illicit drugs.

In fact, if you are caught with drug paraphernalia, or equipment or instructions for the manufacture of drugs, you could face the same penalties that apply in the case of drug possession.

Equipment used to administer drugs

It is illegal in New South Wales to have any equipment in your possession which can be used to administer drugs.

This encompasses a wide range of items, including ‘bongs’, ‘ice’ pipes, vaporisers and so on.

However, it does not include syringes and needles, which may still be carried legally.

It is also legal to carry any form of equipment which minimises the health risks associated with injecting drugs.

Persons who have a prescription for drugs which are otherwise prohibited (such as methadone) are also exempt from these laws.

Further, certain professionals such as doctors, dentists, veterinarians, pharmacists and nurses are legally allowed to possess equipment used to administer drugs where it is used in the ordinary course of their work.

If you are caught with equipment that may be used to administer drugs and you don’t have a lawful excuse, you could face a maximum penalty of 2 years imprisonment and/or a fine of $2,200.

However, in many cases a good criminal lawyer can fight to have the charges dropped or thrown out of court.

One way to do this is by forcing police to prove ‘exclusive possession’.

To elaborate, where police allege that you are in possession of drug equipment, they must prove beyond a reasonable doubt that you had ‘exclusive possession’ – in other words, that it was not another person that possessed it.

This could be very difficult for police if the equipment was located in an area that others could access.

For example, if police find drug paraphernalia in a lounge room or kitchen of a shared house, a good lawyer will often be able to force police to drop the charges at an early stage by pointing out the obvious – ie advising them that the paraphernalia may have been left there by a visitor or another occupant.

A good lawyer can also push to have charges dropped where police have conducted an illegal search, which is a search that is conducted on a ‘hunch’ rather than a ‘suspicion on reasonable grounds’, which is the legal requirement.

Selling drug paraphernalia

If you are a shopkeeper, you may be charged with a criminal offence if you sell ‘ice pipes’ or ‘waterpipes’ that may be used to consume drugs.

Under the law, an ‘ice pipe’ refers to anything that can be used to consume drugs by smoking or inhaling fumes of burnt crystallised or powdered drugs.

A ‘waterpipe’ is a device that can be used to consume drugs by inhaling fumes through water or other liquids.

Ice pipes, crack pipes and bongs are all covered under these definitions.

It’s also important to remember that items will still be considered ‘ice pipes’ and ‘waterpipes’ even if they require modification, adjustments or additions in order to function – so there’s sometimes not much point in trying to conceal the true purpose of drug equipment.

Most importantly, you cannot raise a defence by contending that the paraphernalia was intended to be used for a purpose other than for the consumption of illicit drugs.

To be found guilty, the prosecution must prove that you operated a shop or stall, or that you sold the paraphernalia near and in connection with a shop.

They must also prove that you sold or supplied the paraphernalia in connection with a commercial transaction – this is usually proved by showing that you received cash or some other form of financial benefit in exchange for the items in question.

The maximum penalty for this offence is also a fine of $2,200 and/or imprisonment for 2 years.

Possessing tools or instructions for creating drugs

Finally, you may be charged for possessing tools or instructions for creating drugs.

Examples of tools which may be used to create drugs include pill presses and drug encapsulators.

It is also illegal to possess instructions for how to manufacture or produce illicit drugs, unless you are able to prove that you had a licence or authority to manufacture or produce the drugs in question, or that you had the instructions or tools for some lawful purpose.

Where it is alleged that you actually took part in the drug manufacturing process, you may face the more serious charge of drug manufacturing, which carries heavier penalties depending on the amount and type of drug manufactured.

Again, these offences carry a maximum penalty of 2 years’ imprisonment and/or a $2,200 fine.

Where to from here?

Except for drug manufacturing, each of the above offences is a ‘summary offence’ which means that they are heard in the Local Court before a Magistrate, rather than before a Judge in a Higher Court such as the District Court.

The penalties which apply for these types of offences are towards the lower end of the scale, however there is still the potential for them to result in a criminal record, which may affect your work and travel plans.

However, with the help of our drug law specialists, you can fight the allegations and avoid a conviction or a harsh penalty.

We may be able to help you avoid a criminal record even if you wish to plead guilty!

As a specialist drug law firm, our experts understand the intricacies of the law and can help identify any weaknesses in the police case and any defences you may have.

So get our experts on your side and take the first steps towards avoiding a conviction.

Photo credit: www.vaping360.com

Synthetic drugs (also known as ‘legal highs’) are intoxicating substances that are not illegal due to technical loopholes. Synthetic drugs are designed to imitate illegal substances like cannabis, cocaine and methamphetamine.

They can come in powdered form, as pills or dried herbs soaked in chemicals.

But the law regarding synthetic drugs that weren’t technically illegal changed in September last year when NSW became the first state in Australia to ban substances with psychoactive properties.

It is now illegal to posses, sell, manufacture, supply and advertise these substances with penalties for possession with up to 12 months imprisonment, and over $2,000 in fines (or both).

This legislation aimed to thwart manufacturers who tinkered with chemical compositions in their products if they were banned, and simply put out a new, modified (and non-illegal) product.

Previously, many of these substances were simply too new to be illegal, under conventional New South Wales poisons categorisation, which worked by adding new substances to a list of those prohibited.

But the flaw with this system was that it lagged behind the changing composition of the synthetic drugs. This meant that only once a substance was known could it be banned, by which time the manufacturers had already had plenty of opportunity to move on and develop new products.

This has resulted in a plethora of legal substances appearing in Australia at an alarming rate.

The new NSW laws follow the Commonwealth government approach for poisons, which ban whole classes of chemicals instead of individual compounds. This means that substances yet to be developed can still fall under the ban.

This move to crackdown on these dangerous substances came soon after the tragic death of Henry Kwan, a bright and talented Sydney teenager close to finishing high school. In mid 2013, after school one day, he took a synthetic drug.

After smashing bottles in his bedroom, he became ill and then started to hallucinate. Despite the attempts of his mother and sister to restrain him, he leapt from the balcony of their home. He landed on his head and died.

The drug he had taken was known as the N-bomb, and he had earlier obtained it from a school classmate. Perhaps the most astonishing thing about this story is that drugs like the N-bomb were completely legal, although Kwan’s death was at least the third of its kind.

This number has since risen.

The N-bomb, or 25I-NBOMe as it is more properly called, is a hallucinogen which is 25 times more potent than LSD. Like the N-bomb, most other synthetic drugs can be much more potent than those they are attempting to imitate.

Although many are marketed as harmless, they are far from it. Synthetic drugs have already caused at least five fatalities in last two years.

Although prior to last year, they were easily accessible online or even over the counter in adult stores and tobacconists, retailers are now banned from selling them.

There is no dealer, no middle man and the prices are much cheaper than for some other drugs – N-bomb, the synthetic drug that Kwan took, can cost as little as $2, making them quite affordable for school children.

One emergency doctor lamented in an online newspaper article the days of just heroin or cocaine admittance, as doctors then knew what they were dealing with. But the composition of these new drugs are constantly changing, and can even change from batch to batch.

Medical staff are not aware of the composition of the drug that a patient has ingested, and so have difficulty treating the patient. There is no safe dosage and they can be far from harmless.

The NSW government has published a fact sheet with information about synthetic drugs as well as outlining the harm and criminal penalties that are consequential to the use of synthetic drugs.

Many are sceptical about the success of laws banning synthetic drugs, saying it will just drive the market underground, and will not deter those convinced to get their hands on them.

It is argued that the problem of banning them is not so simple, due to the way that addiction works. Those that are already addicted and unable to buy the product online or off the shelf will simply look to the illegal market to feed their addition.

Henry Kwan’s father warns other parents of the consequences of taking these ‘harmless’ synthetic drugs. He hopes that the tragic story of his own son will at leas serve as a warning to others.