Category Archives:Drug Possession

By Sonia Hickey and Ugur Nedim

With the festival season in full swing, several reports have emerged about a rise in the use of the party drug ‘monkey dust’ or MDPV, the scientific name for which is 3,4-methylenedioxypyrovalerone, or MDPV.

Monkey dust is reported to have similar effects to stimulants such as ‘ecstacy’ or MDMA, but there are concerns that a ‘hit’, which can cost as little as ten dollars, can have severe adverse effects.

Bath salts by another name

Monkey dust is not new. It is derived from a South African plant called Khat, which can be chewed like a gum and thereby absorbed through the mouth.

It is what’s known as a synthetic cathinone, which is commonly known as concentrated bath salts.

MDVP was developed by pharmaceutical firm Boehringer Ingelheim in the mid-1960s as a central nervous system stimulant. But the drug’s development never got far enough for it to be tested on humans.

It first appeared in internet drug forum discussions around 2005, and its use became increasingly prevalent in the United States, Europe and elsewhere, where it has caused heart attacks, episodes of psychosis and violent behaviour.

While users report euphoria, feelings of empathy (although less than MDMA), increased sociability, mental and physical stimulation, and sexual arousal, the side-effects can include anxiety and paranoia, delusions, muscle spasms, and an elevated heart rate.

In extreme cases, the drug has been linked to rhabdomyolysis – a process whereby the body’s internal organs overheat and shut down.

It has also been linked to brain injury and death. However, the more serious side-effects are likely to result from high doses.

Monkey dust is illegal in Australia

MDPV has been illegal in Australia since 2010, around the same time in many other jurisdictions including the United States, Canada, and much of Europe.

A year after its ban, the National Institute on Drug Abuse (NIDA) reported that it has been responsible for thousands of visits to emergency room in the United States. In 2011 alone, there were 22,904 reports of MDPV use during emergency room visits. About two thirds of those visits involved combinations with other drugs.

In addition, poison centres took more than 6,000 calls about exposures to the drug in 2011.

The numbers had declined significantly by 2016, with NIDA reporting 266 reported exposures in the first half of the year.

In its pure form, MDVP is a white crystalline powder, but it can be any shade from off-white to pale brown. It is usually sold as a powder, powder-filled capsules or tablets.

MDVP tends to arrive in Australia from China, where it is legal to produce. It is most commonly used as a filler in ecstasy pills, but it can be ingested on its own – snorted, smoked, taken orally or injected.

Young people are being warned that while the drug might produce a ‘nice high’, it can have serious effects.

Pill testing technology can identify monkey dust

The good news is that MDVP can be identified through mass spectrometry or infrared spectroscopy, which is used in pill testing.

As the pill testing debate rages on, the fact remains that testing substances has the potential to save lives by advising users of the contents of their drugs and allowing them to make an informed decision about whether or not to take them and, if so, how much to take.

And importantly, pill testing tents create a valuable opportunity for health professionals to talk to drug users and better educate them about what they’re putting into their bodies, and even guide them to support services.

So far this season, five young people have died from drug-related causes at Music festivals across the country.

It’s important to remember under all circumstances that possessing, selling and using illegal drugs are criminal offences, with penalties that include prison time.

One night of fun can significantly impact on a person’s future, whether through apprehension and prosecution or by the effects of taking unknown substances.

So stay safe, look after your mates and have a great festival season.

By Sonia Hickey and Ugur Nedim

Summertime in Australia is synonymous with music festivals.

Tragically, it has also become synonymous with preventable deaths at outdoor music events.

Following the deaths at Defqon.1 and Knockout Games of Destiny Festivals in Sydney two more young men have died and several others are in hospital when festival-goers in Coffs Harbour took an ‘unknown substance’.

A Melbourne man has also died after ‘loading up’ on drugs prior to entering an event, hoping to avoid detection by police.

As the drugs being taken are unregulated, the quality and strength can vary enormously, and suppliers will often fill them with potentially deadly ingredients – which cannot be detected without testing.

Pill testing saves lives

Pill testing that is conveniently located inside music festivals proven to drastically reduce or even eliminate deaths from overdoses in European countries.

It first emerged in the early 1990s in the Netherlands – where it is now part of national drug policy – and services are routinely available in Switzerland, Austria, Germany, Spain, Portugal and France.

Since it was introduced in Portugal, for example, there have been zero deaths from overdoses. Like other countries, Portugal allows risk-management services to attend major festivals to provide advice about drug use through psychologists, mental health assistants and medics, as well as pill screening services.

And research from Austria  has found that half of the people who use the drug testing service said the results influenced their drug use behaviour. Two-thirds decided not to consume drugs that were shown to have impurities, those who said they took them anyway consumed less, and an overwhelming number said they would warn friends over a drug batch that generated negative results.

Research from New York published just last month showed similar positive results from a campaign of ecstasy testing.

Pill testing works by analysing a small sample of the pill. Results are generally available within half an hour and those working from the tent can provide invaluable advice and guidance to young users.

Pamphlets are often also provided, with advice about seeking help and support for drug use and underlying issues.

Pressure is mounting on Politicians

Despite the proven benefits, NSW Premier Gladys Berejiklian continues to reject calls for pill testing, making it clear any advice from experts will do nothing to change her stance.

But immense pressure from experts and community groups has some mainstream politicians entertaining the possibility of introducing the life-saving measure.

The New South Wales Labor Party has committed to a ‘drug summit’ if elected in March. Although falling short of saying it will introduce pill testing, the party says it is open to understanding how it could actually work.

In Queensland, the State government has also announced it is open to considering pill testing, partly based on the positive results of a trial at the Groovin’ the Moo music festival in Canberra last year.

Queensland’s opposition party has also announced it would be open to the policy if there was conclusive evidence pill testing would save lives.

Meanwhile, the Greens Party has long been in favour of pill testing.

Even former Australian Federal Police Commissioner Mick Palmer has spoken out, saying “enough is enough” and that clearly the ‘Just Say No’ campaign is not working.

“In responding to tragedy we must sometimes face hard truths. Decades of a punitive approach where we arrest young people has not worked. It is time to take practical steps to make parties safer for our kids,” he told Sydney Criminal Lawyers in a recent interview.

And now, outspoken Anglican priest Rod Bower has weighed into the debate, recently tweeting a photograph of the billboard outside his Gosford church which reads: ‘Just test the damn pills’ (pictured).

Open letter to NSW Government

But it’s also clear that the community is tired of politicians treating young people’s lives as an election platform.

The national campaign for drug reform, Take Control, has written an open letter to the Government which is now circulating online urging a reconsideration of the issue. The letter is currently doing the rounds on social media, attracting thousands of signatures in support.

Indeed, research from the Australian National Council on Drugs (ANCD) suggests that the overwhelming majority of young people are in favour of pill testing.

The controversy remains

But despite the research, pill testing remains controversial for many reasons – mostly due to the old conservative line that it encourages the use of illegal substances.

And some have pointed out that the measure is not completely ‘fail-proof’, because it is not able to identify all substances and cannot force people not to take their drugs.

There are also human factors at play – people can react differently when it comes to ingesting substances.

But the results of Australia’s first pill testing trial at the Groovin’ the Moo Festival in Canberra last year proved the merits of pill testing locally.

Of the 128 festivalgoers who had their drugs tested, five people tossed theirs into the amnesty bins provided, thinking it was best not to take the chance on consuming them, after they’d received the test results provided by the medical staff onsite.

Drugs belonging to two revellers were actually found to contain N-Ethylpentylone, an often lethal stimulant responsible for mass overdoses in Europe. So, the pill testing service potentially saved these individuals’ lives.

And for many Australians, this type of evidence together with the success of pill testing in other countries is enough to work towards minimising the harm here.

The summer season of music festivals about to start across NSW, and the state continues to attract big name acts and high profile events like the Rolling Loud Hip Hop Festival, which is expected to bring thousands of fans to Sydney early next year.

In the meantime, despite acknowledging that music festivals are a strong part of Australian culture, and benefitting from their money-making potential, the State Government continues to beef up police numbers and resources including sniffer dogs to stop drug use. And there is still no sign of pill testing.

Instead, two months ago, the NSW State Government announced a range of new initiatives for combatting drug use at music festivals including on-the-spot fines of up to $500 for drug possession and tougher penalties for dealers who supply drugs to people who die.

At this point the Government says it us working through other issues with the legislation such as the penalties for someone who gives drugs to a friend.

‘Throwing the book’ at dealers won’t help

Many pill-testing advocates are angry that the plan simply ‘throws the book’ at dealers and does nothing address the idea of reducing risk and minimising harm for those people who will take drugs.

This is because when the Government had an opportunity to listen to pill-testing experts it didn’t do so.

After the deaths of two people at Defqon1late last year, the New South Wales Government went into ‘damage control’ and assembled a panel of experts briefed with the task of making music festivals ‘safer’. At the time, many hoped that it heralded a change in mood by the state politicians, but Premier Gladys Berejiklian swiftly made it clear that the panel would not be considering the merits of pill testing because the Government didn’t support it.

In recent weeks NSW Police Commissioner Mick Fuller has further inflamed the situation by saying that the belief that pill-testing was going to save lives is a ‘myth’.

But in fact, results from Australia’s first sanctioned pill-testing trial at the Groovin the Moo Festival in Canberra earlier this year proved that not only could free pill testing services actually be provided without encouraging more people to take illicit substances, but it prompted some to throw their drugs away.

Of the 128 festivalgoers who had their drugs tested on the spot by laboratory-grade equipment, five people tossed theirs into the amnesty bins provided after receiving the test results provided by the medical staff onsite.

Pill-testing can save lives

Drugs belonging to two revellers were found to contain N-Ethylpentylone, an often lethal stimulant, responsible for mass overdoses in Europe potentially saving these two individuals lives.

Pill testing has been available in several European countries including the Netherlands, Switzerland, Austria, Belgium, Germany, Spain and France for some time, and was more recently introduced in the UK. And the results show that not only does pill-testing have the ability to save lives, it has positive effect that goes beyond saving lives.

Outcomes of pill testing over seas

The experience in some parts of Europe has been that over time, pill-testing has actually changed the black market in positive ways – potentially lethal ingredients which were the subject of warning campaigns were seen to leave the market.

Specific research from Austria shows that 50% of people who had their drugs tested said the results affected their consumption choices. Two-thirds said they wouldn’t consume the drug and would warn friends in cases where there were negative results.

In the UK, two-thirds of users consulted by not-for-profit testing service The Loop said they would not take drugs found to contain harmful substances. More than half said test results had affected their consumption choices and many said they intended to dispose of their drugs or take less of them.

Another less measurable benefit is that pill-testing booths provide an opportunity to reach an otherwise unreachable, but high-risk group of recreational drug users and provide both communication and education about their lifestyle choices as well as information about drug support services. According to testers and healthcare professionals, pill testing not only gave users a chance to know what they’re really taking but also to engage with health professionals about their drug use outside of a very formal medical setting.

In Europe, pill testing has also facilitated the capturing of long-term data about the substances in drugs as well as drug use.

Meanwhile in NSW, the Government is still doing what it has always done in response to this issue – throw more resources and tougher problems – an approach that has so far, had little effect on solving the problem.

When will the Government listen?

Of course, harm minimisation programmes like pill-testing are not a panacea by any means. They are highly controversial, mostly because people think that they will encourage more drug takers or remove the stigma’ that’s associated with taking illegal substances, and that by agreeing to pill testing is turning a ‘blind eye’ to those who break the law.

But in NSW, the traditional ‘zero tolerance’ approach is not working, and many believe that we will continue to have, more tragic and unnecessary deaths from drug taking at music festivals unless we try a new approach.

Experts are frustrated that despite all the proven benefits of pill-testing, the NSW Government flatly refuses to even trial it. And the community is getting weary too – many young Australians

are highly supportive of pill testing; a finding consistent with young people’s overall views about drugs: they want better information in order to make informed choices.

By Paul Gregoire and Ugur Nedim

Following the tragic drug-related deaths of two young people at the Defqon.1 festival in September, NSW premier Gladys Berejiklian tasked an expert panel with investigating how to improve safety at events like music festivals.

And in true Coalition style, Ms Berejiklian announced last week that her government had accepted in-principle the recommendations made by the panel in its report, which means she’s going to double down on failing drug war tactics.

The premier explained that in order to create a safer environment for young people at festivals, the government will be creating a new offence that will make dealers responsible for the deaths of people who buy drugs from them and subsequently die.

As well, to “ensure that offenders face swift and certain justice”, the government will be trialling on-the-spot fines of up to $500 for festivalgoers found in possession of illegal drugs.

Although the initial reaction to the announcement was disbelief, it’s hardly too surprising. The expert panel was comprised of NSW police commissioner Mick Fuller, NSW chief health officer Dr Kerry Chant and Independent Liquor and Gaming Authority chair Philip Crawford.

And what’s more, the panel made clear in their report that Berejiklian had told them prior to their investigation that her government “has no tolerance for illegal drugs and pill testing is not within the terms of reference”.

Counterproductive policing

President of the Australian Drug Law Reform Foundation Dr Alex Wodak stressed that increased policing won’t achieve its stated aims. He outlined that “senior and experienced police” have been asserting that “saturation policing doesn’t have a significant effect on drug availability”.

The doctor said that initially this admission came from retired police, including commissioners. But, these days, serving officers are beginning to admit saturation policing doesn’t work. “The political elite have also known this for at least a decade or two,” he added.

Indeed, there’s a growing number of former high-level police officers calling for a different approach to be taken to illicit substances than the one the NSW premier advocates for. The list includes former AFP commissioner Mick Palmer and ex-NSW police commissioner Ken Moroney.

And Dr Wodak further pointed out that “the two deaths that sparked this reaction occurred when saturation policing – plus sniffer dogs – had already been provided”. There was a huge police presence at the Defqon.1 festival in September, with 180 police officers deployed at the event.

Increased penalties = increased profits

The expert panel’s seventh recommendation was that a new offence of drug supply causing death be introduced. The premier said she believes the maximum penalty for this crime should be set between 10 years, and the 25 years for manslaughter.

But, Dr Wodak warns that this proposed law is likely to make selling drugs more profitable. “Dealers will raise their prices to compensate for the increased risk,” he explained. “If drug prices rise, so will profits.”

And in his estimate, once the profits increase, then they’ll be more “wannabe drug dealers” lining up as “the higher profits justify the increased risk”. And as more drug dealers appear on the scene, the obvious result would be that more drugs are sold.

“The drug market is the Achilles heel of drug prohibition,” Dr Wodak added. “That’s why political conservatives were so prominent in early support for drug law reform.”

Increasing the harms at festivals

The use of highly-ineffective drug detection dogs at music festivals has long been criticised, as their presence actually leads festivalgoers to partake in dangerous drug taking practices.

These include preloading, which is when an individual takes all of their drugs prior to an event to avoid being found in possession of them. And another detrimental effect is panic overdosing, which is when a person consumes all of their drugs at once on seeing a sniffer dog operation.

There’s been at least two recorded incidents panic overdosing in NSW, one of which was the death of James Munro at the Defqon.1 festival in 2013.

Now, if some young people attending a festival are aware that there will be police officers making the rounds of the event issuing $500 fines for drug possession, it might seem like a good idea to take all of their drugs before arrival, which, of course, could lead to overdose.

And it also seems very likely that the immediacy of an on-the-spot fine could further compel an individual who’s holding drugs at a festival and spots a drug dog to take an amount of drugs at once that could prove fatal so as to avoid the penalty.

An evidence-based approach

“Drug law enforcement has a poor record. It’s usually ineffective, often counterproductive and always expensive. In contrast, harm reduction is just the opposite,” Dr Wodak continued. “So, pill testing has a much better chance of saving lives and money.”

These days, the majority of Australians support the roll out of pill testing services at music festivals. These setups allow festivalgoers to have their drugs tested by laboratory-grade equipment and then make an informed decision about whether to take them.

The first government-sanctioned Australian pill testing trial took place at Canberra’s Groovin the Moo festival in April this year. The drugs of two individuals who used the service were found to contain a substance that can prove lethal, meaning the service potentially saved both their lives.

European nations have been employing this life-saving method for decades now. In countries like the Netherlands, Switzerland and Spain individuals can have their drugs checked at events or at permanent sites. In fact, the European Union has produced pill testing best practice guidelines.

So, many were dumbfounded when the state’s top cop Mick Fuller got on the microphone last week and stated that pill testing was a “myth” and there was “no science behind” it.

The broken law enforcement approach

Dr Wodak said that Ms Berejiklian antics were reminiscent of the famous nursery rhyme, where extra resources were thrown at something that cannot be fixed. “The Premier will now double the King’s horses and double the King’s men to see whether she can put Humpty Dumpty together again.”

“This isn’t a policy,” the doctor went on. “It’s a political strategy.” And he questioned whether it was her lack of support in the Coalition or her imminent defeat in the next election that was leading her to conduct this “drug policy grandstanding”.

“Whatever the reason is it’s hard to believe she really expects this is going to make any difference to protecting young people,” Dr Wodak concluded.

By Paul Gregoire and Ugur Nedim

The tragic drug-related deaths at the Defqon.1 music festival in southwestern Sydney on 15 September have gained a lot of media attention. And rightly so. But what hasn’t gathered as much attention is the saturation policing at the event.

NSW police were out in force. There were 180 officers at the festival, some of whom were accompanied by drug detection dogs. Police searched 355 festivalgoers and only 69 of these searches resulted in any illicit substances being found. So, that’s a success rate of just 19 percent.

What this means is if you plan to attend an event this season, and won’t be carrying drugs, it’s still important to know your rights because a sniffer dog may well sit next you regardless, which could result in a bodily search or even a strip search.

You have the right to remain silent

During a search, or subsequent arrest, you’re not required to answer any specific questions police ask you, except for providing your name and address. Failure to provide these details – or providing false details – can result in a fine.

In the case where drugs are found, it’s best to remain silent. This will prevent you from saying anything that might be detrimental in the long run. And whatever you do, don’t say you intended to give away or share the drugs, as this can result in a more serious charge of drug supply, rather than drug possession.

Police search powers

The police powers to stop and search a person without a warrant are contained in the Law Enforcement (Powers and Responsibility) Act (LEPRA) 2002. This legislation requires that officers must have a reasonable suspicion to carry out such a search.

Section 21 of the LEPRA provides that an officer may stop, search and detain a person without a warrant if they suspect on reasonable grounds that the individual is carrying illegal drugs, a dangerous weapon, stolen property, or anything used, or intended to be used, to commit a crime.

Reasonable suspicion

The leading authority on what constitutes reasonable suspicion is the 2001 NSW Court of Criminal Appeal case R v Rondo. It sets out that “a reasonable suspicion involves less than a reasonable belief, but more than a possibility.”

So, if an officer pulls you up for a search at a music festival they must have some “factual basis” as to why they’re doing so. And it’s best to ask the officer for the reason why they’re conducting the search.

Reasonable suspicion cannot be that an officer simply thinks you look dodgy, or they don’t like the way you’re dressed, or even if you’re in an area that’s well known for drug use or other criminal activity.

And never say to an officer of the law that you consent to a search. If you do give consent, police will no longer need to demonstrate that they had a reasonable suspicion to search you later on.

Indeed, it’s best to comply with an officer’s instructions, but also to state that you don’t give consent. This could lead to a charge being dropped or thrown out of court at a later date if it’s shown that an officer had no grounds to carry out the search.

Sniffer dogs

Section 148 of the LEPRA provides police with the power to use drug detection dogs in public places without a warrant. This includes using dogs on people at, or entering or leaving, licensed venues and events, such as music festivals, concerts, parades and sporting events.

There’s dispute over whether an indication by a drug dog actually constitutes reasonable suspicion. This is due to the fact that sniffer dogs are highly unreliable and get it wrong anywhere from two-thirds to three-quarters of the time.

However, officers do indeed search people following a positive indication made by a dog. And over recent years, these dogs have become a permanent fixture at music festivals, so be prepared that you could be searched regardless of what you’re up to.

During a search

If an officer does decide to search you, it’s best to remain calm and comply. Trying to resist can result in a charge of resisting arrest. And watch what you say, as swearing can result in a fine or a charge of using offensive language.

Section 202 of the LEPRA requires that in the event of a search, an officer must show you their badge if they aren’t wearing a uniform. They’re also required to tell you their name. And they must provide you with the reasons as to why they’re conducting the search.

Police can carry out three types of searches. A frisk search, where they run their hands down the outside of your clothing. An ordinary search, where they require you to remove items of clothing – such as a coat or shoes – and examine them. And then officers can also carry out a strip search.

Section 21A of the LEPRA also provides police with the ancillary powers to order a person to open their mouth for the purposes of a search, and to shake their hair if they suspect something is being concealed within it. Failure to comply with this request can result in a fine of $550.

It’s perfectly legal to film police in a public space, and this includes music festivals. So, if possible, have a friend stand back and film the search. The police have no powers to prevent this from happening, as long as the individual is not hindering the search.

The invasive strip search

Section 31 of the LEPRA provides that police can carry out a strip search in a place – such as a music festival – if the officer “suspects on reasonable grounds” it “is necessary for the purposes of the search and that the seriousness and urgency of the circumstances make the strip search necessary.”

If you’re at a music festival a strip search has to be carried out in a private enclosed area, like a tent. And the search must be conducted by a member of the same sex. At no time should your body cavities – including your mouth – be searched, and you should not be touched in any way.

No one should be present other than those needed for the purposes of the search, and nor should any item of clothing be unnecessarily removed. And under no circumstances are strip searches to be carried out on children under the age of 10.

Found in possession

If drugs are located on your person, remember that apart from providing your identity, you have no obligation to speak or answer any questions. And certainly, don’t imply that the drugs were in any way for anyone else.

Be aware that if you are found with a “traffickable amount” of a substance on you, section 29 of the Drug Misuse and Trafficking Act 1985 provides that you can be charged with supply, even if there’s no evidence that suggests you’ve been supplying others. This is known as deemed supply.

As little as 0.75 grams of MDMA – or three or four pills – can be deemed supply. For cocaine, methamphetamine or heroin, three grams or more can land you with a charge of supply. And for cannabis, it’s a lot more – 300 grams.

In the case of arrest

If an officer does arrest you, it’s important to stay calm and don’t resist, as resisting could led to an escalation of the situation and more charges being laid. The best thing to do after being issued with a court attendance notice is to get in touch with an experience criminal lawyer.

A good lawyer can guide you through the process. They may be able to have the charges dropped or thrown out of court, and in the case of a charge of deemed supply, they may be able to have it downgraded to possession.

So, now that you’re aware of your rights, remember to comply with police instructions, but don’t give your consent to a search. And have a great festival season.