Category Archives:Drug Possession

January 04, 2017 Drug Possession, Drug Supply
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Another Preventable Drug-Related Death Occurs at NYE Bush Rave

One man died and two others were on life support after they took an unidentified drug at a New Year’s Eve rave on a remote Mount Lindesay property on the Queensland and New South Wales border.

Queensland police were called out to the YewbuNYE rave at around 10.20 am on Sunday morning due to reports that people were acting erratically after having taken an unknown substance.

Police located five people with adverse reactions and paramedics were called out to the two-day event.

The toll of the unidentified drug

Daniel Towson from the Queensland Ambulance Service told the ABC that one man in his 20s went into cardiac arrest when they arrived. And “they were unable to resuscitate him at the scene after working on him for a very long time.”

Two others were airlifted to the Gold Coast University Hospital and were still in a critical condition on Monday evening. And the last two men who were suffering a bad reaction refused treatment and rushed into the bush. Police were searching for them at the time.

Police confirmed on Monday afternoon that the deceased was 26-year-old Nimbin man Jake Monahan, while the two that have been hospitalised are a 29-year-old Clothiers Creek man and a 25-year-old Nimbin man.

“Demonically possessed”

Up to 500 people were attending the YewbuNYE rave party over the weekend. DJ Zee Nagual, who played at the event on New Year’s Eve, said he’d noticed bizarre behaviour from dozens of revellers.

The DJ said that as he was leaving the event he saw a group of four partygoers acting out of control and looking like they were “demonically possessed.” And others at the festival reported seeing a man thrashing and clawing at the ground.

The police response

Police responded to the incident by setting up roadside drug testing sites on either side of the event. Senior Constable Scott Tragis said five positive drug tests had been returned just after setting up operations.

On Monday, Queensland police announced they were waiting to interview the organisers of the event. They also said that the toxicology test results could take up to anywhere from a few days to a few weeks.

The incident on the Gold Coast

A similar incident occurred in October last year when paramedics were called out to treat 21 drug-affected people who were acting erratically on the Gold Coast.

After overdosing on what they thought was ecstasy, 16 people were hospitalised, two of whom were place in an induced coma.

Initial reports indicated that the substance was the so-called zombie drug flakka. But after 27-year-old Victorian football player Ricki Stephens died, toxicology results revealed that he’d taken a cocktail of MDMA and a New Psychoactive Substance, known as NBOMe.

New substances sold as ecstasy

Canberra emergency physician Dr David Caldicott told Sydney Criminal Lawyers® at the time that NBOMe is a drug that’s been linked to poisoning, heart attacks, strokes and kidney failure.

Caldicott – one of Australia’s leading harm reduction experts – believes there’s a very real danger with a drug like NBOMe being mixed with MDMA, as people expecting the effects of ecstasy will be confronted with a very different experience.

“If they’re all in the same pill that is absolutely something we need to know,” he said, because what happened on the Gold Coast “could be replicated in anyone of the music festivals all over Australia.”

And sadly, this may be what actually happened on the border of Queensland and New South Wales last weekend.

Calls for pill testing

Sunday’s tragic death prompted Dr Alex Wodak, president of the Australian Drug Law Reform Foundation, to publicly call for pill testing at events like music festivals.

“We should have the courage to test things, like we tested the legal syringe program in the late 1980s, methadone, car seat belts, a whole range of harm reduction measures,” Dr Wodak told the ABC.

Wodak – along with Caldicott and Unharm’s Will Tregoning – announced plans early last year to introduce pill testing trials at NSW music festivals.

This was in response to a tragic spate of six deaths attributed to drug overdoses at festivals around the state over the twelve month period beginning November 2014.

It’s been available in Europe for decades

Per capita Australian adults lead the world in the use of the drug ecstasy, according to UNODC data. But in the Netherlands – where party drug use is also prevalent – stories about people dying are less common.

This is because European nations like the Netherlands, Switzerland, Germany and Austria have had official pill testing services for decades. And the European Union has actually produced pill testing best practice guidelines.

Five reasons to implement pill testing

Writing in the Conversation Professor Alison Ritter of the National Drug and Alcohol Research Centre at the University of New South Wales, listed five reasons why Australia should be implementing a pill testing program.

The first is that it works as a quality control system for the black market. If substances are identified as particularly dangerous – such as the case with NBOMe on the Gold Coast – they will eventually not be found within the contents of drugs being produced.

And overtime the contents of the drugs being produced begins correspond to what’s expected within them.

While the third reason was that research has shown pill testing changes consumers’ behaviour. In Austria, 50 percent of those who had their drugs tested said it had affected their consumption choices.

Another reason is that pill testing services create an opportunity for drug users to come into contact with counsellors who can discuss their substance use with them. And they also allow researchers to capture information about what kinds of drugs are available on the market.

The response of NSW authorities

However, NSW premier Mike Baird dismissed pill testing plans as “ridiculous” in February last year. He told reporters that “we are not going to be condoning in any way what illegal drug dealers are doing.”

While last month, NSW police were slammed for seizing seven pill testing kits during a raid of a shop in the Sydney inner west suburb of Newtown. The testing kits are not illegal under NSW law, but the police took them along with other drug equipment they were seizing.

It’s high time

Drug use is going to continue. Over fifty years of the war on drugs has proven that. The general public has been calling for a system of pill testing that will prevent the deaths of the nation’s young for some time now. And the system has proven effective in Europe for decades.

It’s only the authorities that are preventing this life-saving harm reduction method, which if in place could have prevented the tragic death at last weekend’s bush rave.

December 16, 2016 Drug Possession, Drug Supply
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Do As I Say, Not As I Do: Police Caught Using and Supplying Drugs

By Paul Gregoire and Ugur Nedim

Victoria’s anti-corruption watchdog tabled a report before state parliament on Tuesday, finding that a number of Victorian police officers have been taking illegal drugs and, in some instances, even selling them.

The officers were found to have been regularly partying on cocaine, ecstasy, ketamine and ice.

The Independent Broad-based Anti-corruption Commission (IBAC) report sets out the findings of three investigations carried out by Operations Apsley, Hotham and Yarrowitch.

Officers in disrepute

The largest of the investigations, Operation Aspley, commenced in June 2015. It probed allegations that a police officer had been involved in the use, possession and supply of illegal drugs.

The investigation found significant evidence that six officers were regularly using illegal drugs, four of whom were selling them. Four of the officers ultimately tested positive to illicit substances in their system. Two of them were in direct interactions with convicted drug suppliers.

As a result of the investigation, one officer was dismissed and two resigned whilst under investigation. Another was admonished and allowed to stay on the force. Two are currently suspended, awaiting criminal proceedings.

The report’s recommendations

The IBAC identified a number of “systemic deficiencies” in Victoria police’s approach to preventing and detecting illegal drug use amongst officers.

It found that current drug testing procedures are inadequate, as only 5 percent of officers are tested per year. This means an officer is only likely to be randomly tested every 20 years.

The report recommended Victoria police undertake a comprehensive review of measures to prevent illicit drug use by police officers. The Victoria police chief commissioner is to provide the IBAC with a progress report by June 30 next year.

The three IBAC operations led to allegations being brought against eight officers, all of which have been substantiated.

Not the first time

This is certainly not the first time Victoria police has been criticised for failing to address illegal drug use within police ranks. The Herald Sun reported in October last year that the rate of drug testing had slumped in recent years, but the number of officers caught taking drugs is on the rise.

Of just 100 officers tested over a 40 month period, 18 tested positive, while eleven others had been caught in possession of illegal drugs, or had failed to account for seized substances.

In September of this year, an internal police investigation resulted in four officers being suspended for using illicit drugs and leaking information to criminals. This transpired amid claims that recreational drug use is on the rise amongst younger officers.

Earlier that same month, former police officer David Lister pleaded guilty to supplying ice and cannabis cultivation. He resigned from the force in February, after failing a drug test.

Hardly a shock

The secretary of the Victoria Police Association, Ron Iddles, denies there’s a systemic drug problem in the Victoria police force. However, he acknowledged that the findings of the IBAC report weren’t a “total shock.”

“Our members are susceptible to more pressure and stress than the average member of society,” Iddles said on Tuesday.

Drug use is indeed common amongst the general public. The National Drug Strategy Household survey 2013 found that 15 percent of the population had used an illicit drug in the past 12 months.

However, the difference between police officers and members of the general public is that police swear an oath to uphold and enforce the law. Indeed, taxpayers fork out billions of dollars per year to fund police forces across the nation – $3.4 billion a year in NSW alone. It is the job of police to detect, investigate and prosecute the very crimes that some officers are engaging in – which may be seen as hypocritical and affecting the integrity of the institution as a whole.

Police are allowed to exercise their extensive powers around the clock, whether or not they are on duty, and many see a problem with officers having the power to arrest people, use move on powers etc whilst they are using illegal drugs.

Drug use by police can compromise integrity

“Illicit drug use and police work are fundamentally incompatible,” IBAC commissioner Stephen O’Bryan said in a statement. He outlined that officers that use, possess or sell these substances “make themselves vulnerable to blackmail” and are at risk of engaging with organised criminals.

He added that police officers who commit drug offence are also vulnerable to coercion.

The costs of the punitive measures

The number of arrests for illicit drugs has increased by 70 percent Australia wide over the past decade. Over the year 2014-15, 133,926 illicit drug arrests took place, and the overwhelming majority were for cannabis.

The Australian government spends an estimated $1.7 billion on responding to illicit drugs every year, with policing comprising 64 percent of this. That’s over $1 billion spent on enforcing drug laws a year, and this doesn’t take into account the huge amount spent on imprisoning those who are sent to prison.

And yet figures released last year suggest that the drug trade in Victoria dramatically increased over the previous five years.

Police could focus on criminals with legitimate victims

It’s obvious that a lot of taxpayers’ money is being wasted on a failed approach to dealing with drugs. Not only that, a huge amount of police time is being wasted on searching and arresting people for personal possession – and most of those searches do not result in a drug find.

Damon Adams of Law Enforcement Against Prohibition is a former South Australian police officer who’s calling for a legalised and regulated cannabis market. In his opinion, there are a lot of officers who agree with him.

Adams believes that an enormous amount of police time is being wasted on pursuing minor drug offences, when they could be proactively going “after criminals that actually have legitimate victims.” He’s pointed out that when officers seize cannabis plants, they spend a great deal of time transporting and cataloguing them, in addition to preparing statements and everything else that goes with a prosecution.

The case for decriminalisation

Last month, the Australian Greens announced a change in their drug policy that would see the decriminalisation of illicit drugs and the legalisation of some for recreational use. The party has formally acknowledged the obvious – that Australia’s punitive approach isn’t working.

An example of a non-punitive approach is Portugal. The Portuguese decriminalised the possession of all drugs fifteen years ago.

Citizens found in possession of a permissible amount of an illicit substance receive a citation or they’re sent to see a “dissuasion panel.” Those who repeatedly appear before these panels are prescribed treatment.

As a result of the policy change, drug use in Portugal has fallen dramatically and the country has saved billions in enforcement costs.

December 01, 2016 Drug Possession
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The Greens Party No Longer Opposes Legalising Drug Possession

By Paul Gregoire and Ugur Nedim

Portugal decriminalised the possession of small quantities of all drugs fifteen years ago. Citizens found in possession of a permissible amount of an illicit substance receive a citation or they’re sent to see a “dissuasion panel.” Those who repeatedly appear before these panels are prescribed treatment.

The rate of HIV infections in the country dropped from 1,016 in 2001 to 56 in 2012, while overdose deaths decreased from 80 to 16 over the same time period. And drug use in the country has fallen since the law came into effect, despite claims by conservatives that the laws would lead to an explosion in drug use.

The International Narcotics Control Board lauded the Portuguese model as exemplary in December last year.

Beyond prohibition

The Australian Greens announced over the weekend that they’re officially dropping their blanket opposition to the legalisation of illicit drugs from its policy platform. Greens party members voted to support the change at their national conference in Perth on Saturday.

The new policy sees a major Australian political party move into line with developments in drug law reform that are taking place across the globe.

Leader of the Australian Greens, Richard Di Natale, was behind the push for this new approach that would see the decriminalisation of illegal drugs and the legalisation of some for recreational use.

Di Natale accepts that the global war on drugs has failed and hopes the party’s policy will spark debate over the decriminalisation of drugs. The senator – a former drug and alcohol clinician – has visited Portugal and seen the benefits of their approach firsthand.

The party’s policy explicitly acknowledges that the punitive approach hasn’t stopped illicit drug use. It recognises that legal framework for recreational drugs use should be informed by the evidence of the harm a substance is likely to cause, and that education is the key when dealing with both legal and illicit drugs.

The cost of criminalisation

NSW Greens MLC Dr Mehreen Faruqi told Sydney Criminal Lawyers®, “it’s time for politicians at both the federal and state level to pull their heads out of the sand, open their minds and listen to the evidence.”

The doctor says that “the heavy-handed, punitive and prohibitionist approach on drugs has not worked at all – not for families, not for young people and not even for the taxpayer.” She adds that while vast amounts are spent on imprisoning people who use drugs, this “does nothing to reduce harm.”

The Global Commission on Drug Policy report released in June 2011, found that the criminalisation of drugs across the globe has also led to the growth of a huge criminal black market and actually increased drug consumption worldwide.

Life-saving pill testing

A key aim of the Greens’ new policy is to establish a national regulatory authority to look at ways to best reduce the harm associated with different drugs on a case-by-case basis.

“Setting up a body to develop drug policies including decriminalisation, regulation and pill testing within a health and social framework is evidence-based and the only way forward,” explained Dr Faruqi, the NSW Greens spokesperson on drugs and harm minimisation.

There has been a push for the introduction of pill testing in Australia, since a tragic spate of drug-related deaths occurred at music festivals last year. Pill testing allows festival goers to check the contents of their drugs and make informed decisions about whether they should take them.

This harm minimisation measure has been available in many European nations – like the Netherlands – for decades. And it actually works as a market regulator, as drug producers are forced to “quality assure” their products.

Legalise it

The proposed drug regulatory body could lead to the complete legalisation of the recreational use of some drugs, such as marijuana. But Di Natale made clear that harder drugs, such as heroin or ice, may not be legalised under this model.

Dr Faruqi pointed out that on November 9 this year, the US states of California, Nevada and Massachusetts voted to legalise the recreational use of cannabis. In 2012, the first states to legalise it were Colorado and Washington, while Alaska, Oregon and the District of Columbia followed suit in 2014.

And as Ms Faruqi put it, “the sky has not fallen in.” Indeed, in the state of Colorado legalised pot brings in millions of dollars of revenue a month, which has been used to fund schools. And there’s also been a drop in crime rates.

An end to the dogs

The NSW “Labor and Liberal parties continue their support of dangerous policies like drug sniffer dogs,” Dr Faruqi said. The NSW police drug detection dog program has a high false positive rate. Around 70 percent of people searched are found to be in possession of no illicit substances.

While the presence of sniffers dogs at festivals leads some attendees to partake in dangerous drug taking practices such as preloading – taking all their drugs before an event – and the hiding of drugs in body cavities in packages such as condoms.

Panic overdosing – also known as ‘loading up’ – can also occur when a person sees approaching police and sniffer dogs.

An Australian Greens motion was passed in the federal Senate in August this year, calling on the Turnbull government to introduce a range of evidence-based harm minimisation policies. These included the removal of sniffer dogs and the introduction of pill testing at events like music festivals.

Conservative criticisms

Of course, the Greens’ policy change has had its detractors. Australian justice minister Michael Keenan described it as “dangerous” and a “threat to the community.” Like opponents of Portugal’s move to decriminalise drug possession, Mr Keenan warned that it was giving a “green light” to drug dealers.

Federal health minister Sussan Ley declared the government would never legalise “a drug that destroys brain function,” saying they’d continue their hardline stance.

Australian Medical Association president Michael Gannon said he welcomed discussion of treatments, but thought decriminalisation was going too far.

But this is to be expected from conservative elements, who see law enforcement as the only way.

Harm reduction: the Australian way

However, the Greens’ new drug policy actually hearkens back to when Australia was a world leader in the field of harm minimisation. Since 1985, reducing the risks associated with drug use has formed the basis of the nation’s National Drug Strategy.

Needle syringe programs were introduced in 1986, which contributed to our nation having some of the lowest HIV rates amongst people who inject drugs in the world. And the Uniting Medically Supervised Injecting Centre – the first of its kind in the English-speaking world- was set up in Kings Cross in May 2001.

According to Dr Faruqi, it’s high time for drug law reform in Australia, as community momentum for it has been building. “But this conversation needs to get much louder at the political level,” she concluded.

November 29, 2016 Drug Possession
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Police turn a blind eye to marijuana smokers

Victorian police turned their back on an opportunity to charge people with drug possession recently when hundreds flirted with the law by smoking marijuana in a public place.

The Cannabis Picnic at the Flagstaff Gardens in the Melbourne CBD was a peaceful demonstration calling for marijuana to be legalised, and while police were in attendance, they refrained from prosecuting cannabis smokers.

Despite criticism from conservatives, police stood by their decision not to charge attendees, saying they were just using their ‘freedom of expression’.

The Victorian Police Minister officially backed this stance, despite it being illegal to possess cannabis in Victoria.

Cannabis picnics

Cannabis picnics have been a regular event since 2010, and supporters of the
Free Cannabis Community posted photos of their smoke-filled afternoon on social media. Over the past three years alone, 20 such gatherings have taken place.

Organisers say the events seek to make a political statement and also to “overcome the negative effect of prohibition and the isolation when there is nowhere for stoners to go.”

Similar events have been held in Sydney, including to mark ‘420’ – the unofficial international day of celebrating marijuana, which occurs on the 20th of April (20/4). The stalwarts say that if you want to do things properly, then you’re not only supposed to celebrate your love of weed on the 20th day of the 4th month, but at precisely 4.20pm on that day.

420 movement

Many trace the beginnings of the 420 movement to a high school in California in 1971. A group of San Rafael High School students are reported to have met every afternoon at 4.20pm to smoke cannabis by a statue of Louis Pasteur. Eventually, the term ‘420’ became code-speak amongst teens for smoking weed, when they were in front of their parents or other disapproving ‘grown ups’.

A lot of people also believe that ‘Dead Heads’ (the name given to fans of hippy band the Grateful Dead) were instrumental in taking the concept of 420 to the world.

To mark 420 earlier this year, almost 2000 people showed up at the same venue in Victoria to get high. Police were also present at that event, but most stayed in their cars and there were no reported arrests.

Legalisation

Victoria is at the forefront of drug law reform in Australia – becoming the first state to legalise medicinal cannabis.

Given that Victorian police are already using their discretion when it comes to enforcing cannabis possession, many believe it’s only a matter of time before the drug is legalised generally.

November 23, 2016 Drug Possession
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Schoolie Faces Drug Charges in Indonesia

By Sonia Hickey and Ugur Nedim

An 18-year old Australian school leaver is reported to be facing the possibility of a lengthy stint behind bars in Indonesia after allegedly being found in possession of drugs.

Security guards outside Sky Garden night club (pictured) in Bali searched the young man on entry, allegedly finding 1.46 grams of an unknown white powder in a small packet in his money belt.

The young man from Perth, known only as ‘Jamie’, was celebrating ‘Schoolies’ with a group of friends in Bali. Since his arrest, authorities have been questioning him in relation to the substance but he has vehemently denied they are his.

Jamie is reported to have been urine tested and the powder has been sent off for analysis, the results of which should be known shortly.

Bali police have stepped up their presence across the resort island this week, as Aussie school leavers flood the tourist areas for their annual high school graduation celebrations.

Among Jamie’s possessions was a key to The One Legian hotel, which offers a ten percent discount to Schoolies. The hotel’s website also advertises daily “Schoolies Parties” from November 21 to December 4, with “free marathon shots”, all you can eat barbecue, DJ, Flair show and “sexy dancer”.

Aussies Arrested for Drugs in Indonesia

It’s hard for many to believe Australians can still find themselves in trouble with drugs in countries like Indonesia, which has demonstrated time and again by dishing out harsh sentences for the Bali 9 and Shapelle Corby, that tourists are not immune from its tough stance on drugs.

Under Indonesian law, a conviction for possession of less than 5 grams of illegal drugs carries a maximum 12-year prison sentence. Anyone convicted of possessing more than 5 grams of illicit drugs faces the death penalty.

Schoolies Overseas

More Australians than ever before have headed overseas to celebrate the end of school this year – something almost unheard of a decade ago.

About 10,000 school leavers are heading to Fiji and Bali this year. And it’s certainly a viable option when you consider that the average price of a week-long stay in 4-star accommodation is only about $300, and the price of a beer is as little as $2 AUD.

By comparison, on the Gold Coast, the traditional hotspot for celebrations, the average entrance fee to a nightclub is about $17.50, while the average price of a beer is about $7.

Schoolies on the Glitter Strip

More than 20,000 teenagers have aready landed on the Gold Coast, and celebrations are in full swing.

Extra police have been bought from Brisbane to cope with the crowds. In the past several weeks, police have been educating young people on how to stay safe and look after their mates. One of the key messages has been: “Know when to take a break.”

The message appears to have worked so far – 41 people have been treated by paramedics and 11 arrested, which is much less than expected and fewer than the same time last year.

One man was caught with methamphetamines and two other young people have been admitted to hospital with suspected drug overdoses. Police believe the pair took MDMA, but this is yet to be confirmed.

Despite a brawl that erupted in Cavil Mall on Monday night involving about 12 people, police say they are fairly happy with the conduct of the 2016 schoolies crowd, with no major incidents.

However, police were concerned that a 13-year old boy snuck into celebrations on the ‘Glitter strip’ and had to be treated by paramedics for a suspected drug overdose.

November 17, 2016 Drug Possession, Drugs General
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Beware – Ecstacy Pills May Contain Deadly Additives

By Sonia Hickey and Ugur Nedim

On the same weekend that Victorian Footballer Riki Stephens took the drug that would kill him less than a week later, 16 others on the Gold Coast were hospitalised after reactions to what they thought was ecstasy.

Police originally suspected they had all taken the so-called zombie drug ‘flakka’, but subsequent toxicology reports told a different story, indicating the presence of a synthetic drug known as ‘N-BOMe’.

N-BOMe is also known as ‘N-Bomb’, ‘Tripstasy’, ‘green Mitsubishi’, ‘yellow Ferrari’ and ‘pink superman’. The drug has been linked to the death of young Australians Rye Hunt, whose body washed up on the shores of Rio earlier this year, and Henry Kwan, a Sydney student who jumped to his death from a third-floor balcony.

Party season has begun

Just two weeks after Riki Stephens’ family turned off his life support system, several people collapsed at the Horror Mansion Halloween Party at Moore Park in Sydney.

One patient was making bizarre facial expressions as he was strapped to a stretcher and wheeled into a waiting ambulance. NSW police went on to arrest more than 20 people for drug possession, with the drug GHB being suspected.

As we sit on the brink of summer – the season for schoolies, Christmas parties and music festivals around Australia – police, paramedics and hospital emergency department staff are gearing up for what they fear is going to be one of the deadliest seasons for drug overdoses in Australian history.

Along with the prevalence of flakka, NBOMe and GHB, emergency service workers are also bracing themselves for dealing with the adverse effects of super strength ecstasy pills, and the drug Fentanyl, which is said to be far more potent than heroin.

Police expect all of these drugs to flood the Australian black market this summer.

Failure of ‘zero tolerance’ approaches

In recent years, loading up on ecstacy pills is suspected to have claimed the lives of a number of music festival go-ers, including Sylvia Choi and Georgina Bartter.

Loading up, or pre loading, is where people take all of their drugs at once in order to avoid detection by police or sniffer dogs. It can be particularly dangerous where drugs are high in purity or contain other forms of drugs.

Those who deal first-hand with the frightening effects of drug overdoses argue that Australia’s ‘zero tolerance’ approach to drug use is naïve and dangerous, putting young lives at risk.

John Rogerson, the Chief Executive of the Australian Alcohol and Drug Foundation, says Australians have an insatiable appetite when it comes to illicit substances, and that ‘tough on drugs’ approaches do nothing to deter demand.

Studies suggest that we are world-leaders in drug consumption – the highest users of ecstasy, the third biggest amphetamine users, and second biggest opioid users per capita.

Mr Rogerson highlights the fact that the recent National Ice Taskforce Report found that the majority of people who taking illicit drugs, do so for recreational purposes.

“And that’s why we can’t arrest our way out of the problem,” he says.

Putting others at risk

Another important consideration is the safety of those exposed to adverse reactions: police officers, paramedics, hospital workers and innocent bystanders who might be the unwitting victims of the violent behaviour at the hands of those affected by drugs like NBOMe and ice.

Only last year, a Hunter Valley man engaged in a random and frenzied attack on a hospital security guard after taking NBOMe. The man couldn’t remember anything after snorting the drug, but collapsed and was taken to hospital where he leapt off a stretcher, over a railing and punched a security guard.

Pill testing

Considering the prevalence of deadly additives and fluctuating purity levels, many are calling upon the government to allow for the introduction of pill testing at festivals and other venues where drugs are going to be taken regardless of what the law says.

Pill testing allows drug users to receive information about the make-up and, in some cases, purity level of their drugs within half an hour, allowing them to make an informed decision as to whether to take the drug and, if so, how much of it to take.

Emergency room doctor and harm minimisation advocate Dr David Caldicott says, “Pill testing reduces consumption by 60 per cent at the point of consumption.”

Pill testing has been highly successful in reducing overdoses in several European countries, where it has been reported that users are unlikely to take drugs in cases where they are advised they contain deadly additives. Testing booths have the added benefit of facilitating education about the dangers of drug use, and studies suggests they have led to a drop in ‘bad batches’ of drugs on the market.

But despite 82% of respondents in a government survey supporting pill testing, Premier Mike Baird has so far rejected calls for the harm minimisation measure to be introduced in NSW.

September 19, 2016 Drug Possession
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NSW Cop Who Hated Drugs, Now Fights for Cannabis Reform

As a former NSW police officer with 35 years of service – eight years in the drug squad – Lou Haslam is no stranger to the dangers of certain illegal drugs: health problems, committing crime to support the habit, and even family violence.

For years, Haslam saw drugs as the enemy – especially during his time as head of the Tamworth drug squad.

He preached relentlessly to police force detectives and new recruits about the long-term effects of drugs including cannabis, how THC can build up in the body like lead, and how long-term cannabis use can cause psychosis and lead to drug-induced schizophrenia.

So no one was more surprised than Haslam’s family and former colleagues to hear that he was persuading his own son to use marijuana.

But the circumstances leading up to that decision were tragic – Haslam’s youngest son Daniel, in his late teens, was fighting a bitter battle against bowel cancer.

The chemotherapy affected him horribly, making him feel sick and causing painful ulcers in his mouth, right down his throat. Daniel struggled to speak, to keep food down, and the chemo killed what little appetite he had.

And then, just when Daniel was starting to recover, it would be time for his next round of chemo.

Marijuana helped ease the side effects

One night, a friend suggested Daniel try marijuana. Given his father’s history and strong stance against the drug, Daniel was understandably reluctant. However, as a concerned father, Haslam was desperate for anything that would help his son. He encouraged Daniel to take the drug.

After that first joint, Haslam witnessed first-hand the almost miraculous effect of the drug on his son’s symptoms. Marijuana helped control the nausea and vomiting, and increased his son’s appetite. Heartened by the results, Daniel began to try cannabis oil in a bid to slow down the progression of the cancer in its later stages.

“The results were sensational, said the former detective. “We’d give him a smoke just before and just after chemo clinic. That first night he asked for steak and eggs!

“We later found out, through all the petition signers leaving comments, everyone using it medicinally felt the same effect. That last year of Dan’s life was the best of all five since his initial diagnosis. His nausea eased, his appetite returned. We got Dan back, even if it was only for a year.”

Campaigning to make medicinal marijuana legal

Haslam’s wife Lucy (centre) began the campaign for medicinal marijuana to be legalised when she saw the positive effect it was having on her son.

She logged on to Change.org and signed a petition demanding not to be treated as a criminal for providing her terminally ill child with medicinal cannabis.

Going public with their own personal story was the first step in a long campaign for the Haslams, but they eventually amassed 250,000 signatures, belonging to an army of passionate campaigners who helped them to successfully pressure State Premiers, Health Ministers, party leaders and pharmaceutical giants.

In February last year, Daniel Haslam died. He was only 25. Honouring his legacy, his parents stepped up their lobbying. They had already convinced NSW Premier Mike Baird to rethink his views on the subject, with the Premier writing an article dedicated to Daniel titled “The young man who changed my mind about cannabis.”

The Haslam’s then turned to their 250,000 supporters and asked them to take the debate to federal politicians too. Eventually, their collective voices could not be ignored.

2016, steps towards legalising medicinal marijuana

In February 2016, on the first anniversary of Daniel’s death, the Haslams won a major victory.

Health Minister Sussan Ley issued an official response to their Change.org petition announcing the federal law would change to decriminalise medicinal cannabis.

Two months later, the Haslam family purchased a farm on the outskirts of Tamworth, where, surrounded by state-of-the-art high security fencing, they intend to run Australia’s first ever medicinal cannabis crop farm, appropriately named DanEden.

They intend to make the cannabis available for use by ¬patients with a certain severe conditions and terminal illnesses, as well as for children with chronic epilepsy.

The Haslam family’s vision is that they will successfully apply for a licence from the federal government to cultivate and manufacture medicinal cannabis, in order to provide the drug on a subsidy for people who cannot afford it.

“I still believe that there is no such thing as a soft drug,” said Mr Haslam, “But our argument is not about recreational use by people who make that choice. This is about a treatment for the chronically ill with pain, those suffering continuous epileptic seizures, those with Crohns disease for example, and those suffering from the effects of chemotherapy.”

New Laws

The new federal laws, passed at the start of 2016, allow for licences to be granted for the cultivation of cannabis for medicinal purposes.

NSW trials of the drug have already been scheduled, with 40 children suffering from severe, treatment-resistant epilepsy being selected to receive the cannabis-based drug, ‘Epidolex’, through the Sydney Children’s Hospital.

Recreational drug possession remains a crime throughout Australia, with state-based criminal laws still in place.

September 13, 2016 Drug Possession
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Send Drug Users to Rehab, Not Court, says Magistrate

Policy-makers and lawyers in Dubbo have renewed calls for a drug and alcohol rehabilitation facility in the area.

This proposal was previously suggested by former Dubbo local court magistrate, Andrew Eckhold, after observing a steady stream of habitual drug users flowing into his courtroom – many of whom could be dealt with more appropriately through rehabilitation programs rather than the criminal justice system.

The idea has gained traction after the Dubbo Local Aboriginal Land Council offered a parcel of land to parties interested in building the centre.

“We would be prepared to sit down with any government agency, any organisation, looking to build a facility that not only would just assist the Aboriginal community, but also the wider community,” Dubbo Local Aboriginal Land Council chief executive officer, Darren Toomey said.

“My biggest fear is that if we leave it any longer, it’s just going to get worse and we won’t be able to get hold of it.”

Drugs in Dubbo

The issue of drugs in Dubbo was recently thrust into the media spotlight after 100 police officers raided 14 homes in the area, resulting in seizures of ice, cannabis, fentanyl and prescription medications, and the arrest of 11 residents.

On a visit to Dubbo, Premier Mike Baird declared that new ‘tough on crime’ policies would be implemented in an attempt to tackle ice addiction across the state. Baird vowed to intensify roadside drug testing, increase maximum penalties for drug offences and record sales of pseudoephedrine in pharmacies, which he claimed would decrease manufacture.

Baird’s speech said little about support programs, and drug reformists argue there should be greater access to diversionary and rehabilitation services.

NSW currently has just three drug and alcohol rehabilitation centres west of the Blue Mountains – located in Brewarrina, Canowindra and Cowra. This means the closest facility for Dubbo residents is around two-and-a-half hours drive away.

Local Support

Late last year, nearly 6000 people put their names to a petition directed to Mr Baird and Dubbo MP Troy Grant to urgently fund a drug rehabilitation centre in the area.

One campaigner, Nguumambiny Indigenous Corporation volunteer Tahni Waters, said existing services are insufficient and the situation is setting up long-term users for inevitable failure. “The rehab centre is key to [reducing harm] and it can’t be in a year, two years or the next election, it needs to happen now”, she said.

Political Backing

Labor candidate Stephen Lawrence and Independent Colin Hamilton have put their support behind a rehabilitation facility in their local electorate of Dubbo, which they believe is an important step towards addressing the region’s growing drug problem.

“As a lawyer in the region over the last five years I have been shocked to see the physical decline in clients struggling with ice addiction as well as being horrified by some of the crimes the drug is causing,” Mr Lawrence said.

Meanwhile Nationals MP, Tony Grant, showed little interest in the idea, saying existing programs and services are doing enough to combat substance abuse.

Attacking Demand

While officers of the Orana Local Area Command are patting their own backs about the Dubbo raids, they have expressed concerns about reoffending rates of those who are arrested.

“Recidivism is a major, major factor,” acting superintendent Scott Tanner said. “A lot of those people that we did charge had come under notice prior.”

Mr Tanner admitted more should be done to rehabilitate offenders, adding that a new centre could be filled overnight and that the issue of illicit drug use is unlikely to ever go away. “Once ice has finished its run, there will be another drug of choice just as ecstasy, not long ago, was the drug of choice,” he said. “There will always be a drug of addiction.”

Drug reformists agree with that view, but are critical of the government’s current punitive approach towards drug use. The better way, they argue, is to treat addiction as a health issue rather than a criminal law problem, and to treat habitual users accordingly.

August 07, 2016 Drug Cultivation, Drug Manufacture, Drug Possession, Drug Supply
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Government’s New Weapon for Locating Drug Labs

The Australian Government has released its annual Illicit Drug Data Report (IDDR) which shows an alarming spike in the number of drug hauls and arrests, as well as drug use in a number of categories.

Drug seizures are up more than 13% and drug arrests are up almost 20% on figures from last year.

But while cannabis remained the most frequently confiscated drug in Australia, the number of heroin-related arrests fell to their lowest level in a decade.

Numbers from around the nation

The report shows that the highest number of arrests were for cannabis at 56.1%. In second place were amphetamine-type stimulates (ATS) particularly ‘ice’, at 26.5%.

South Australia had the highest proportion of arrests related to cannabis at 85.4%.

In Victoria, the proportion of ATS arrests was higher than any other state at more than 37%, and Victoria also recorded the highest proportion of heroin and other opioids at 4.8 %.

New South Wales recorded the highest percentage of cocaine arrests at 3.8%, while in Western Australia, 23.7% of drug arrests were related to “other and unknown” drugs.

Overall drug arrests have increased significantly over the past decade.

Justice Minister Michael Keenan said the numbers equated to 290 seizures and 367 arrests per day.

The report is released by the Australian Criminal Intelligence Commission (ACIC). It is compiled from law enforcement data, and is said provide a “clear snapshot of illegal drug use and supply in Australia” in order to help guide resources and funding aimed at combating the issue.

Waste water testing – the government’s new weapon

This year for the first time, the report incorporated data extracted from waste water analysis, (sewerage testing) which showed that ice use in the community has increased significantly since 2010.

Minister Keenan claims waste water testing will help police to locate illegal clandestine laboratories, and “will help us identify which drugs are being supplied and which drugs are increasing or decreasing in usage.”

Mr Keenan pointed out that the ice taskforce recommends greater use of waste water testing. In the past, drug users themselves were the main source of information about the prevalence and location of drug labs. But wastewater testing suggests that such data is wildly inaccurate, with usage dramatically under-reported, which is no surprise given that drug possession is still a crime in Australia.

Indeed, the waste water data supports what drug reform experts have suspected – that methamphetamine use is on the rise.

Professor Jason White of the University of South Australia, a state where a lot of the waste water testing has been conducted, estimates there has been a greater than three-fold increase in the use of methamphetamines over the past five years.

The government recently announced that it will invest an extra $3.6 million towards waste water testing, hoping to localise testing to such an extent that the location of labs will be easier to determine.

Australia an ‘attractive market’ for drug suppliers

ACIC says that because Australia is isolated, it is an attractive market for drug enterprises.

It believes organised crime and transnational crime groups continue to be the main players in the market.

Decriminalisation not on the agenda

Mr Keenan said that despite the prevalence of drug use in Australia, and the success of decriminalisation in some other countries, moving away from a punitive approach towards drug use is not on the agenda here. He added that neither are tougher penalties for drug offences.

Keenan said he believes there is a need to continue to educate Australians on the detrimental effect drug use on their physical and mental wellbeing.

In line with that strategy, Federal Government made its most significant investment ever in drug and alcohol rehabilitation in Australia’s history last year.

Keenan said he is hopeful that over time, “that multi-faceted approach will pay dividends.”

July 28, 2016 Drug Possession, Drug Supply
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Splendour in the ‘Grass’

This year’s annual Splendour in the Grass music festival at North Byron Parklands attracted a young crowd from not only NSW and Queensland, but across the nation and even abroad.

The line-up featured dozens of star musicians and DJs including The Cure, James Blake and The Strokes, who had revellers partying from Friday through to Sunday.

But as usual, police and sniffer dogs were out in force to control the use of illegal drugs.

A total of 323 were allegedly caught in possession of cannabis, ecstacy, cocaine and ice – with 80 cannabis cautions issued and 200 facing court for drug possession and supply.

Despite the number of arrests, police say the crowd was generally well-behaved.

“Once again police worked closely with Splendour organisers to ensure a safe and enjoyable festival, so it was positive to see that the majority of attendees heeded police warnings and behaved themselves,” a police representative said.

“Our officers were even approached by music fans who thanked them for being there to keep everyone safe – it was tremendous to see such great support from the event community.”

Police once again warned of the dangers of taking illegal drugs, saying:

“We cannot reiterate enough how dangerous these substances can be”, Det. Sterling said.

“They are not only illegal but they can incredibly harmful to your health and, tragically at times, fatal…. We were not there to spoil the fun, but those who choose to break the law or threaten the safety of other festival goers will be stopped in their tracks and dealt with accordingly.”

However, as noted by junkee.com “Police and law-makers are never going to stop young people smoking a joint or taking MDMA at a music festival. They can’t even explain why those drugs are illegal while consumption of alcohol, a drug that kills thousands every year, is incredibly prevalent.”

There is a strong argument that introducing harm-minimisation measures like pill testing is a far more effective way of preventing overdoses and fatalities than simply arresting and charging people.

Most of those charged at Splendour are required to attend Byron Bay Local Court on 15th August.

Penalty for Drug Possession

The maximum penalty for drug possession is 2 years imprisonment and/or a fine of $2,200.

A fine comes with a criminal conviction, which is also known as a criminal record.

Help – I’m Facing Drug Charges!

In spite of the maximum penalties, a good lawyer may be able to convince the magistrate not to record a conviction against your name, even if you wish to plead guilty to drug possession or a minor drug supply.

In order to maximise your chances of avoiding a conviction, it is a good idea to prepare up to 3 character references and a letter of apology before your day in court, which can help persuade the magistrate to grant you a non conviction order’.

If you live closer to Sydney than Byron Bay, your lawyer may be able to have your case transferred to Downing Centre Local Court in the Sydney CBD, so you don’t need to travel back up north for your day in court.

If you are going to court and would like an experienced drug lawyer to represent you, call us anytime to arrange a free first conference. We offer fixed fees for all drug possession cases.