Category Archives:Drug Supply

January 27, 2020 Drug Supply
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What Are the Rules For Accessing and Selling ‘Poppers’ in Australia?

By Jarryd Bartle and Ugur Nedim

New laws relating to the sale of alkyl nitrite products – also known as ‘poppers’ – come into effect on 1 February 2020.

The changes, made through the Therapeutic Goods Administration (TGA), have created general confusion and led to concerns amongst the homosexual and bisexual community, who feel they are being unfairly targeted.

What Are Alkyl Nitrites?

Alkyl nitrites are the broad chemical name for a range of psychoactive chemicals including amyl nitrite, isoamyl nitrite, isopentyl nitrite and isopropyl nitrite.

The substances have been used to relieve a range of medical conditions, including angina and other heart conditions. But they are also used recreationally as a sexual aid, predominantly by homosexual and bisexual men.

The primary effect of ingesting alkyl nitrites is an increased heart rate and blood flow throughout the body.

Inhalation has a relaxing effect on involuntary smooth muscles, such as those in the throat and anus. As a result, the substances are used as a sexual aid for anal sex by increasing blood flow and relaxing sphincter muscles.

Alkyl nitrite products have been popular within the gay community since the 1970s, when they began to be sold in sex shops and used in gays bars and bathhouses.

Their popularity continues until today – according to a recent survey, 32.1% of Australian gay and bisexual men in Australia have used alkyl nitrites as a recreational drug within the last 6 months.

The Changes

In 2018, the TGA announced it would look at tightening the rules regarding the sale of alkyl nitrites due to their widespread, relatively unregulated sale within sex shops – where they are sometimes labelled as ‘leather cleaners’.

The TGA also expressed concerns about a reports that the alkyl nitrites n-propyl nitrite and isopropyl caused eye damage.

The administration originally proposed rescheduling all alkyl nitrite products to Schedule 9 under the National Poisons Standard.

This caused a strong backlash amongst the LGBTIQ community, who saw it as a backdoor way of criminalising them by placing the substances in the same category of many other illegal drugs.

In a joint submission, the Australian Federation of AIDS Organisations and National LGBTIQ Health Alliance argued that the TGA “significantly overstates the toxicity of the substance and the potential for problematic use” and “ignores the benefits associated with the therapeutic use of alkyl nitrites as a muscle relaxant to make sex less painful for gay and bisexual men and sex workers.”

In response, the TGA revised its approach to reflect community concerns. A final decision was made on 6 June 2019 to:

  • Make all alkyl nitrite products ‘prescription-only’ substances by default (Schedule 4 under the Poisons Standard).
  • Move amyl nitrite in preparations for therapeutic use to a category allowing for over-the-counter pharmacy sales (Schedule 3).
  • Up-schedule n-propyl nitrite and isopropyl nitrite to being prohibited substances due to their implication in eye damage (Schedule 9).

This change was cautiously welcomed by some LGBTIQ groups, as it appeared to allow alkyl nitrite products to be purchased via prescription at pharmacies.

But once the dust settled, it became clear that this could lead to practical barriers to access.

Barriers to Access

Many in the LGBTIQ community believe that having to see a doctor for a prescription and then present that prescription to a pharmacist will cause significant embarrassment to members of an already heavily stigmatised community, and is unnecessary given the relative safety of poppers.

There are concerns that many, too embarrassed to go through the process, will simply not seek to access the substance.

In addition, LGBTIQ activist Joshua Badge found that when he attempted to have a prescription filled last year, there was significant confusion amongst both GPs and pharmacists about the relevant rules.

“Multiple doctor’s visits, dozens of calls, hours of travel time, weeks of waiting… and nothing to show for it. In the end, LGBTIQ people and folks wanting to have enjoyable sex face a gauntlet of stigma, medical jargon, time-consuming hassle and criminalisation.” Badge wrote in Junkee.

The quest to have an amyl nitrite product available over-the-counter at pharmacies also seems unlikely, as there are no current “preparations for human therapeutic use” on the market.

To be readily available on the market a manufacturer would need to register, manufacture and distribute an amyl nitrite to pharmacies, a process which hasn’t occurred.

“It may be two years before we see amyl nitrites in the marketplace” predicted Simon Ruth. CEO of Thorne Habour Health, an organisation that specialises in services for the LGBTIQ community.

December 02, 2019 Drug Possession, Drug Supply
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Another Young Life Lost at a Music Festival: It’s Time for Pill Testing

By Sonia Hickey and Ugur Nedim

Just last month, New South Wales Police Commissioner Mick Fuller expressed the view that our law enforcement’s current ‘zero tolerance’ approach to drugs is ‘working’, and that pill testing is not an option for our state.

In the same breath, he was adamant police would not be implementing two of the most significant recommendations made by NSW Deputy Coroner Harriet Graeme after her inquiry into drug-related deaths at music festivals.

Ms Graeme’s draft final report is the culmination of months of inquiry into the harrowing drug-related deaths of several teenagers at music festivals. In it, she makes recommendations for a trial of pill testing and the abandonment of sniffer dogs, as well as the reduction of strip searches, and the decriminalisation of drugs taken for personal use at music festivals, amongst 28 other points for consideration.

Another drug-related music festival death

But, as the summer season of music festivals kicked off with Strawberry Fields this weekend, one life has already been lost to a suspected overdose.

A 24-year old man allegedly consumed a cocktail of illicit drugs before he was brought to a medical tent.

Medical staff were told he had consumed multiple substances including GHB, MDMA and cocaine.

Soon after, he suffered a fatal heart attack and, despite the efforts of the medical staff, he was pronounced dead in the early hours of Sunday morning.

An avoidable death?

Of course, it is too early to tell whether his death could have been avoided. An autopsy and toxicology reports will help to piece together what occurred in the lead up to the tragedy.

There will be questions about the purity of the drugs in his body, the amount of drugs he had consumed, the circumstances which led him to ingest the drugs, and whether the medical staff were adequately equipped to deal with his situation.

This information will be crucial to understanding the final hours of this young man’s life.

Young people will take drugs, despite the law

But what remains abundantly clear, and consistent in this tragedy and the others that have gone before it, is that young people are still taking drugs at music festivals, despite what the law says and the use of law enforcement tools such as drug detection dogs.

During the same weekend, 13 people were allegedly found in possession of drugs at another gig in New South Wales, Festival X, at Sydney Olympic Park.

Was the coronial inquest in vain?

And, as countless of experts have already pointed out, it’s remiss of us to ignore the fact young people will continue to take drugs because, in doing so, we continue to do nothing to minimise the chance of death.

As a result of last year’s coronial inquest, which looked into deaths at festivals, the behaviour of young people when sniffer dogs are present, as well as the potential impact of pill testing, we have a great deal of information about why young people have died and how this might be prevented.

As the Coroner’s Court heard, research suggests that 10 per cent of people who encounter sniffer dog operations engage in the dangerous practice of swallowing all of their drugs at once, which can lead to overdose.

What’s more, the Court heard the dogs produce false positives – where they make a positive indication but no drugs are found – two-thirds of the time at festivals, and yet they are being used to justify bodily searches, including invasive and humiliating strip searches.

LECC hearings into strip searches

This week, the Law Enforcement Conduct Commission (LECC) is set to begin public hearings into the strip-searches carried out at the Lost City music festival, an under-18s event held in Sydney in February.

The hearings are part of an ongoing investigation by the LECC, which has already heard a number of distressing stories from the Splendour in the Grass Music Festival.

If there is one positive to come out of the weekend’s music festivities, it is that it would appear that the New South Wales police may have conceded on one of the recommendations from Assistant Coroner Harriet Graeme’s report – decriminalising illicit drugs for personal use.

Police can fine alleged offenders for drug possession

The 13 people found with prohibited drugs at Festival X were dealt with by way of Criminal Infringement Notices (CINs) and fined $400.

CINs are also known as ‘on-the-spot fines’ and mean that police can fine a person rather than sending them to court. CINs do not come with a criminal record, but a person may face the prospect of a criminal record if they elect to challenge the fine by taking the case to court.

Over the coming months, music festivals will face much higher scrutiny than ever before, particularly in light of findings of last year’s coronial inquest.

The NSW government remains under increasing pressure to change its current tactics for policing drugs at music festivals, particularly its stance on pill-testing as a harm minimisation measure, which it has steadfastly refused to consider. 

Only time will tell whether or not the Coronial Inquest’s recommendations will be followed.

November 13, 2019 Drug Possession, Drug Supply
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Pill Testing: Premier and Police Commissioner Have Their Heads in the Sand

The State Government is adamant New South Wales won’t be implementing two of the most significant recommendations made by the Deputy Coroner after her inquiry into drug-related deaths at music festivals.

Harriet Graeme’s draft final report, recommends a trial of pill testing as well as the abandonment of sniffer dogs, the reduction of strip searches, and the decriminalisation of drugs taken for personal use at music festivals, amongst 28 other points for consideration.

‘Sufficient evidence’ to support a pill testing trial

While conceding that supervised drug testing wasn’t a ‘magic solution’ Ms Graeme said she was in ‘no doubt whatsoever’ there is sufficient evidence to support a trial in New South Wales.

Now NSW Police Commissioner Mick Fuller has provided his response loud and clear, and surprise-surprise, he says the police service does not support pill testing in any form because it is ‘flawed and unreliable’ and sends a dangerous message of false confidence to young people that the drug they want to take is safe, because there is no such thing.’

Premier Gladys Berejiklian has also dismissed Harriet Graeme’s suggestion.

But so far, the New South Wales State Government’s tough zero tolerance stance, measured by arrests and festival bans, has proven time and again that it is not the most effective way to save lives either, because it usually results in young people ‘loading up’ before entering a festival or event, therefore increasing their risk of overdose.

In fact, during the inquest into five-festival related deaths, the Coroner’s Court heard research suggested that 10 per cent of people who encountered sniffer-dog operations engaged in the dangerous practice of swallowing all of their drugs at once.

The inquiry also looked at the use of drug detection dogs, which have been shown to be ineffective as much as two-thirds of the time, and yet they are usually the only determining factor behind police order a strip search, well as their use by police in determining strip searches, a highly invasive policing procedure that has also faced a barrage of criticism not least of all for its potentially damaging psychological effects but also because in a significant number of cases, it is carried out illegally.

Educating young people about drugs can backfire

The New South Wales’ Government’s other weapon in the war against drugs – education – has also proven to be a double-edged sword, with the Coronial inquest hearing that one student in 20 had tried MDMA by the time they’ve reached year 10.

The risk of providing drug education early is that people will be curious about trying it. On the other hand, leaving drug education later could mean it was ‘too late’ to warn young people of the dangers of drugs.

Pill testing can save lives

Pill testing has been trialled in Europe successfully for many years. In particular the Drug Information and Monitoring System operation in the Netherlands has proven itself to be a system that can assist with not only harm minimisation through drug testing, but also by collecting valuable data that can better inform festival planning and more targeted education. More recently, it’s trail in Canberra has also shown positive results.

It’s important to note that while the Coronial Inquest did highlight the fact that pill testing may save lives, it is not in itself, a complete solution. A range of factors including fixing the problem of ill-equipped first aid services at festivals, as well as intense heat and no access to drinking water, which contributes to dehydration also need to be addressed so that young people can enjoy summer music festivals safely.

But the parents of Diana Nguyen, Joshua Pham, Joshua Tam, Callum Brosnan, Nathan Tran and Alex Ross-King who died after taking the drug MDMA at music festivals in the summer of 2018/2019 and whose deaths were at the centre of the inquiry are never the less imploring the state government not to ignore the recommendations nor waste an opportunity to try pill testing.

Before these five MDMA-related deaths at music festivals in NSW last summer, there had been only 12 across Australia in the previous decade. But as well as those fatalities, there were 29 pre-hospital intubations at 25 music festivals in the state in 2018-2019, as well as 25 drug-related intensive care admissions, and at least an additional 23 drug-related hospital admissions.

November 11, 2019 Drug Possession, Drug Supply, Drugs General
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Sniffer Dogs are Ineffective in Detecting the Presence of Drugs

By Sonia Hickey and Ugur Nedim

The use of drug detection dogs is controversial to say the least, with study after study finding that the dogs have an incredibly high margin for error, and that their presence can lead to dangerous drug-taking activity, such as ‘loading up’ and ‘pre-loading’, which has led to the deaths of several young people in music festivals across Australia.

Handling money or shaking a hand can lead to a positive indicatio

Now, a former police dog trainer has acknowledged that another problem is that while the animals are indeed able to detect the presence of drugs – a positive indication can be the result of residue from items such as currency or even a handshake with a person who used a substance, and not just the actual presence of drugs.

This information has bolstered the argument that a positive indication by a sniffer dog is not sufficient, by itself, to ground the ‘reasonable suspicion’ required to search a person.

Teenage girl strip searched after a positive indication, but nothing found

Just a couple of months ago, a teenager stood in front of the New South Wales Law Enforcement Conduct Commission (LECC), explaining that after a positive indication by a drug detection dog on her way into the Splendour in the Grass music festival last year, she was separated from her friends, and then taken, alone by police into a tent and strip searched. At the same hearing, a New South Wales police officer admitted that many of the strip searches undertaken at music festivals across the state may have been conducted illegally.

Many of these strip searches – a degrading and invasive procedure – have also been undertaken unnecessarily too, because they’re based on a positive indication by a drug detection dog, and various research shows that the dogs are wrong as much as two-thirds of the time, meaning the searches turn up nothing.

Sniffer dogs were introduced to New South Wales around the time of the Sydney Olympics, but even after two decades as part of the police armoury in the war against drugs, instead of catching drug suppliers, or deterring drug users and dealers, drug dog operations have led to tens of thousands of innocent people being subjected to the humiliation of strip searches.

High margin for error

Research from New South Wales shows that the margin for error of sniffer dogs as much as 63%. And here’s why: the purpose of police dogs is to detect people in possession of drugs. The problem is, the dogs are exceptionally sensitive to the scent of drugs, so much so, they are able to pick up minute traces of residual drugs, which could indicate any number of scenarios – perhaps previous use of drugs by a person, or even just that someone has touched drugs, or drug equipment, or a hand of another user, without actually ingesting drugs themselves.

Dave Wright, a former NSW Police dog trainer, explains that dogs are trained through a process of conditioning to recognise and indicate the odour of prohibited drugs.

He says that while the training is highly effective, ultimately it does mean that dogs are not necessarily able to tell the difference between a residual scent and the scent of someone actually in possession of drugs.

What’s more, he says, because the dogs are highly sensitised, it is possible that they will provide a positive indication if someone has been carrying drugs, if someone has had (even limited) contact with drugs in the past, or if, for example, they are carrying money that’s been previously handled by a drug user, or was in a confined space with drugs…. or any number of potential scenarios.

So, are drug dogs’ noses too sensitive to be successful?

If police are using an indication by a sniffer dog as the sole basis to justify ‘reasonable grounds’ to search a person, isn’t it then also possible to arguable that the rates of strip searches that result in a positive finding of drugs are not substantial enough to support grounds for a strip search simply on suspicion?

Over the last five years, reports have indicated that the use of strip searches by NSW police following a positive indication from a drug detection dog has increased markedly.

Under New South Wales law, police can search you if they have a ‘suspicion on reasonable grounds’ that you have drugs on you at that particular time.

However, when the NSW Government passed the Police Powers (Drug Detection Dogs) Act 2001 (‘the Dogs Act’), The Act had a built-in review provision, whereby the Ombudsman would evaluate its effectiveness after two years.

The review was released mid-way through 2006. It had examined 470 drug dog operations over two years. It also found that prohibited drugs were located in only 26 per cent of the recorded positive indications by drug dogs.

Are there better ways to handle drug possession and use?

Furthermore, of the 10,211 positive indications made, there were only 19 successful prosecutions for drug supply – which represented 0.19 per cent of those searched.

The review concluded that “the use of drug detection dogs has proven to be an ineffective tool for detecting drug dealers” and with regard to the question of whether a positive indication by a drug dog is ‘reasonable suspicion’ for a police search, the report broadly concluded that: “Given the low rate of detecting drug offences following a drug detection dog indication, it is our view, supported by Senior Counsel’s advice, that it is not sufficient for a police officer to form a reasonable suspicion that a person is in possession or control of a prohibited drug solely on this basis.”

Despite these findings that drug detection dogs are ineffective, the number of searches performed after positive indications has continued to increase dramatically.

Figures recently obtained by the Greens MLC David Shoebridge via freedom of information (FOI) laws revealed that the number of strip searches conducted by police following a dog indication have almost doubled: up from 590 in 2016 to 1,124 in 2017.

While the LECC is continuing to investigate strip searches, with a view to understanding how and why these are being conducted by police and whether or not they are being carried out within the specific guidelines of the law, late last year the Redfern Legal Centre, also launched its Safe and Sound campaign, aiming to reduce the high number of strip searches at music festivals and at other places. It’s also agitating to have the current laws changed, so that police officers have more guidance and the public is better safeguarded.

Of course, this also begs the question of whether or not there’s a better response to the war on drugs and certainly at events such as music festivals harm minimisation measures such as pill testing is still being advocated for.

So far, the New south Wales government has remained steadfast with its outdated ‘just say no’ to drugs view, but the outcome of the LECC inquiry into strip searches and the recent Coronial inquiry into drug -related deaths at music festivals may be successful in finally bringing some more options to the table. Options that aren’t as expensive, as invasive, and which preliminary research shows are more effective. Because what we do know, is that the current ‘zero tolerance’ policy is not working.

September 27, 2019 Drug Supply
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ACT to Legalise Cannabis Possession

If history is anything to go by, often when one Australian State or Territory passes legislation on a particular issue, other jurisdictions tend to follow suit.

At least that’s what many Australians hope will happen in the wake of the ACT’s recent legalisation of personal cannabis possession.

What’s permitted under the new laws?

The laws, which come into effect on 31 January 2020, allow possession of up to 50 grams of dry cannabis per person. They also provide that:

  • Any adult in the ACT can legally grow two cannabis plants per person, with a maximum of four per household.
  • An adult can be in possession of up to 150 grams of wet cannabis.
  • Cannabis cannot be consumed in public, or anywhere near children, and will also have to be stored somewhere inaccessible to children.
  • Plants need to be grown where they are not seen by the public or accessible to children.

State/Territory laws versus Commonwealth laws

But the local laws are in conflict of current Commonwealth law, which does not allow personal cannabis use at all. So what does this mean?

Section 109 of the Constitution says that when a federal law is inconsistent with a state or/ territory law, the Commonwealth law will prevail to the extent of the inconsistency/

This means there are still legal risks, because cannabis remains a prohibited substance under Commonwealth law, and as such, police officers in the ACT still have the power to arrest and charge anyone under those laws should they choose to do so.

So, do the local laws have any power?

Well yes and no. This is a complex area, while there is such a significant disparity with the Commonwealth Law. However, the ACT laws attempt to provide a clear and specific legal defence for an adult who possesses small amounts of cannabis in the ACT, but is prosecuted under Commonwealth law and under this federal law, the punishment of possession of marijuana for personal use is a jail term, a maximum of two years in prison.

However, while this is indeed the ‘letter of the law’, for the most part, federal drug enforcement tends to be used to deal with offences that cross borders. Simple possession and small cultivation offences tend to be prosecuted under state and territory law.

Policing the new laws

ACT Police have stated officers have been informed of the new laws, and intend to ‘respect the new territory legislation as best they can,’ focusing less on consumers of cannabis, and more on organised crime pushing large amounts of marijuana and other drugs.

There are also many wondering why the new laws were necessary given that prior to passing this new legislation, the ACT was fairly lenient on anyone caught in possession of 50 grams of marijuana anyway. The ACT was one of the few jurisdictions in Australia which did not make this a criminal offence, which has led some to believe that this legislation is intended to pave the way for cannabis to eventually become commercialised in Canada.

However, the politicians say no. This would require an overhaul of Commonwealth drug laws to make this in any way possible in the ACT.

The law in New South Wales?

While cannabis advocates such as the HEMP Party, based in New South Wales, are hoping that laws around the country will change in line with the new legislation in the ACT, there is no sign of that yet.

In New South Wales, the possession and cultivation of cannabis is a criminal offence, except for medicinal purposes in certain circumstances. Drug possession carries a maximum penalty of two years in prison and / or a $2,200 fine.

However, courts have the discretion not to record a criminal conviction against a person even if he or she pleads guilty to drug possession, or is found guilty. This can be done under a section 10(1)(a) dismissal or a conditional release order without a conviction.

If you are going to court for drug possession, and you wish to plead guilty, there are steps you can take to maximise your chances of avoiding a criminal record. These can be explained to you by an experienced criminal defence lawyer, who can assist you to obtain required materials and present your case in such a way as to give you the best possible chance to walk out of court conviction free.

August 14, 2019 Drug Possession, Drug Supply, Drugs General
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Drug Arrests and Seizures Do Not Deter Drug Suppliers or Reduce Consumption

The Australian Criminal Intelligence Commission released the Illicit Drug Data report 2017-18 last week. In its sixteenth year, the report provides an overview of the domestic black market, and the efforts of law enforcement to combat drug trafficking transnational crime networks.

The report findings reveal that Australians continue to have a taste for amphetamine-type stimulants, which account for most seizures. Although, locals are also moving on to cocaine, with a record number of arrests carried out for that substance over the 12 month period.

During the financial year 2017-18, there was a record amount of 30.6 tonnes of illicit substances taken from 112,827 drug seizures. And the various police forces around the country made 148,363 drug-related arrests throughout the year.

This means that, on average, authorities made a drug seizure every five minutes, one kilogram of illicit drugs was snatched every seventeen and a half minutes, and someone was arrested in drug-related circumstances every four minutes.

But, if you take a step back from the record amounts, the skyrocketing arrests and the ridiculously high prices, what’s revealed is that despite global prohibition, illicit substances are flooding across Australian borders, consumption is on the rise, and law enforcement efforts are no deterrent.

The opposite effect

Key outcomes of the century-long system of transnational drug controls have been the growth of powerful criminal networks, an abundance of available illicit drugs, an ever-changing variety of substances, increased drug consumption, and the criminalisation of vast numbers of the population.

Of course, these outcomes are not what one would have expected when representatives from multiple nations began meeting in the early years of the 20th century to draft treaties that were, on the face of it, designed to control the consumption of drugs for health reasons.

And since the launch of the war on drugs in the early 1970s, these outcomes have only been exacerbated. The stepping up of law enforcement efforts to curb illegal drug production and trafficking has increased the risks involved, which in turn, has heightened the profits.

Illegality increases profitability

The NSW Crime Commission Annual Report 2015-16 outlines that “the illicit drug trade continues to be the main stream of income for organised crime groups operating in Australia”. And it predicted that due to the steep price of drugs in this country, trafficking from overseas was likely to increase.

The report further puts forth that it’s the international drug cartels that are calling the shots in Australia. The authors posit that organised crime decides what sort of volumes are going to be smuggled into the country, and local consumers take what they make available.

“Commendable law enforcement efforts around the country have resulted in larger seizures and more arrests, but they have had little, if any, effect on the quantities of prohibited drugs available for consumption in Australia,” the report authors admit.

Australian drug historian Dr John Jiggens explained to Sydney Criminal Lawyers back in May that “drug law enforcement acts as a multiplier for the drug market”. The doctor asserts that every dollar spent on drug law enforcement works out to ten dollars in the pockets of drug suppliers.

Dr Jiggens emphasised that the “war on meth” being waged by authorities over the last decade has led to a surge in its availability and profitability. The risks involved hike the price, which then leads international players to focus on the Australian market, because it’s where they get the best profits.

Arrests are no answer

The lack of any real impact being made via drug seizures is nowhere more understood than at the frontline of enforcement. Police officers are increasingly savvy to the fact that with every drug bust they make, more drugs appear from elsewhere to fill the momentary gap in the market.

The 2017 Australia21 report on illegal substances makes thirteen key recommendations regarding drug decriminalisation. And significantly, four of the participants making up the thinktank were former police commissioners and assistant commissioners.

Ex-Australian Federal Police Commissioner Mick Palmer was the vice president of Australia21 at the time of the report release. And today, the former top cop is one of the most vocal advocates for decriminalising the personal possession and use of illegal drugs in this country.

Mr Palmer is well-known for acknowledging that the drug issue is not something that the nation can arrest its way out of. And he’s clear that the majority of harms arising from illicit substances are due to their prohibition.

Cannabis: a case in point

The ACT Legislative Assembly is set to vote on a bill next month that if successful will mean that the personal possession of up to 50 grams of cannabis and its use will be legalised in the capital territory. And Labor MLA Michael Pettersson who introduced the legislation is fairly confident it will pass.

Recreational cannabis is now legal in eleven US states, and the entire nations of Canada and Uruguay. For medicinal purposes, it is these days legal in this country. And underlying these developments is the understanding that the adult use of this drug is relatively harmless.

However, the recent drug report shows that there were 72,381 cannabis arrests across Australia in 2017-18. And of these, 66,296 – or 92 percent – were consumer arrests. And when considering all drug arrests during that year, it turns out 44 percent were arrests of cannabis consumers.

So, this would point to a situation where the majority of the harms related to cannabis are most likely attributable to its illegality, as while its consumption is unlikely to cause any major long-term harm to an adult, being arrested for its possession is.

Legalise it all

Five young Australians died at music festivals in this state last summer. And despite rising calls to implement pill testing at these events, the Berejiklian government is sticking to its reactionary “just say no” to drugs approach.

As Australian Drug Law Reform Foundation president Dr Alex Wodak has pointed out, MDMA – the drug of choice for festivalgoers – is one of the “least risky drugs”. So, if this substance was legally produced – like alcohol – it’s likely deaths caused by it would be greatly reduced if not ceased.

And while the use of other illicit drugs might be riskier, the argument for legalising them is their production could be quality controlled, availability could be governed, treatment for problematic use could be broadened, and the harms associated with the criminal justice system removed.

Indeed, if Australia adopted a policy of legalising and regulating all illicit substances, the power that the transnational criminal networks wield would fade away, the floods of contraband coming over the borders would dry up, and the police would be free to focus on crimes with real victims.

February 15, 2019 Drug Possession, Drug Supply
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NSW Government Continues its War on Music Festivals

By Ugur Nedim and Zeb Holmes

Despite a spate of drug-related deaths at music festivals in Sydney and other parts of New South Wales, the state government remains staunchly opposed to introducing harm reduction measures such as pill testing which have proven remarkably successful in several European countries – to the point where they are now part of the European Community’s best practice guidelines.

Instead, Premier Berejiklian’s solution appear to be pricing and regulating the events out of existence.

Organisers of the cancelled Psyfari music festival posted on their website that the Berejiklian government has “shown no mercy in wiping these events out in order to make a political point”. The festival was set to celebrate its tenth anniversary this year, but could not meet the additional $200,000 required of them at the last minute for additional ‘user pays policing’ fees.

Police are currently charging $127.80 per hour, per officer to ‘service’ festivals and demanding to have large numbers of officers attend – numbers that are unnecessary in the eyes of many.

The Bohemian Beatfreaks festival was similarly hit with a last minute $200,000 policing bill, after previously being quote $16,000 for the 3,000 person event.

And the Rabbits Eat Lettuce festival was forced to relocate across the border to Queensland after being priced beyond viability.

The Director of Byron Bay’s iconic Bluesfest is also foreshadowing a move out of NSW due to exorbitant compliance costs, potentially ending a 30 year tradition.

Yet another victim

Mountain Sounds is a music festival held annually in the Central Coast of NSW since 2014.

It was scheduled to be held this weekend but had to be cancelled due to the “impossible” restrictions and costs imposed by the state government, including (you guessed it) $200,000 in user pays policing costs levied just a week before the event.

“The combination of excessive costs, additional licensing conditions and the enforcement of a stricter timeline left us no option but to cancel the event,” event management advised.

Organisers had already agreed to downsize their site and cancel more than 20 acts to ensure compliance with newly-imposed safety, licensing and security costs.

The final straw was being advised they would need to pay for the constant presence of 45 police officers, despite being advised on 18 January 2019 that they would only need to pay for 11.

Pay up, or ship out

NSW Greens MLC David Shoebridge has been a vocal critic of the government’s war on music festivals.

“I’ve had a number of festival organisers speak to me about the way in which the NSW police are increasing putting these exorbitant charges on,” he advised. “They’ve described it as effectively a shakedown by the police demanding obscene amounts of money.”

He explained that in recent years, Local Area Commanders have been treating the user pays policing services as a “cash cow”, and that the Berejiklian government’s festival safety review is now being used “as a means of shutting down music festivals they don’t like”.

Government response

Premier Berejiklian has publicly stated that “I don’t think it’s fair for organisers to blame anybody but themselves.”

“There are rules in place,” she remarked. “The festival organisers just have to obey the law. It’s not just about making a quick dollar, it’s also about keeping the people who turn up safe.”

The Premier failed to make mention of the unrealistically short notice given to festival organisers.

Interestingly, Berejiklian seemed to change her tune when it came to Bluesfest, saying she was hopeful the rules would not disrupt the iconic event.

“That festival has been going for 29 years, it’s a fantastic festival, it’s low risk so they don’t have anything to worry about,” she remarked. “I don’t want anyone who’s holding a festival for a long time to be worried, this is not aimed at you.”

Police response

Predictably, NSW Police Minister Troy Grant put the blame for cancellations squarely on festival organisers, calling their logistics “inadequate and incomplete.” This is despite the fact many of the festivals ran perfectly well for many years prior.

Mr Grant went so far as to claim organisers of Mountain Sounds failed to respond to police requests for information. Event management has strenuously denied the claim, stating “Mountain Sounds has never in its six years of operating not responded to the police,” they said.

Those who disagree with the way festivals are being treated point out that part of government’s role is to promote social and cultural events, and that the unrealistic costs and demands placed upon festival organisers are contributing to the state’s regression into the nation’s social wasteland.

January 17, 2019 Drug Possession, Drug Supply
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Warnings Over Potentially Deadly Party Drug

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.

January 06, 2019 Drug Possession, Drug Supply
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Pressure is Mounting for Pill Testing

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.

November 13, 2018 Drug Possession, Drug Supply
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Bumper Summer for Music Festivals, but Still No Pill-Testing in NSW

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.