Category Archives:Drug Supply

February 04, 2016 Drug Supply, Drugs General
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Antidote to Heroin Overdoses Now Available Over the Counter

According to National Coronial Information System data, heroin accounts for about 30 per cent of deaths from drug overdoses in Australia and the number is increasing.

People dying from heroin overdoses are usually young. Those who are fortunate enough to survive can face lasting mental and physical effects.

But as of February 1, the heroin antidote ‘Naloxone’ has been made available over the counter from pharmacists. The injectable medicine was previously only available with a prescription.

Naloxone reverses the effects of opioid overdoses by blocking the opioid from affecting the brain and nervous system, and reversing depression of the respiratory system, which causes people to stop breathing.

The move by the Therapeutic Good Administration (TGA) to reschedule Naloxone, making it available over the counter, has been welcomed by the drug reformists and medical practitioners.

The TGA received 97 submissions about the proposal to make Naloxone more easily available – every one of which agreed that the drug is safe to use, finding it has no effect on anyone without opioids in their system and has low to no potential for abuse. The TGA’s final decision was that the benefits of Naloxone outweigh any harm it might cause.

Angelo Pricolo runs a pharmacy in the Melbourne suburb of Brunswick. He spoke to the ABC’s The World Today program about what he has learned through providing an opioid replacement program to his community. Mr Pricolo said he made an application to the TGA after seeing the impact of heroin on his community and the ability for Naloxone to save lives.

“Australia will be seen as a little bit of a pioneer in this area and hopefully this decision will influence other jurisdictions to make a similar change to their drug policy,” he said.

Chief Executive of health research organisation the Penington Institute, John Ryan, cited a study which found another person (who could administer the Naloxone) was around for over half of opioid overdoses resulting in death. He said that sometimes, there was no time to wait for an ambulance or a prescription. Mr Ryan believes that if people are able to get a hold of Naloxone, it could mean the difference between life and death.

He told the Guardian:

“People should always still also call an ambulance if they or someone with them is suffering from an overdose.

But increasing the availability of Naloxone beyond emergency departments and ambulances is all about trying to prevent fatal overdoses, because it is the quickest and best way to reverse the effects of an opioid overdose.”

Dr Alex Wodak is President of the Australian Drug Law Reform Foundation and recently retired from his position as Director of the Alcohol and Drug Service, St Vincent’s Hospital. Dr Wodak is not convinced that making Naloxone more freely available is the answer.

He believes there are other proven interventions that are plausible alternatives. In 2013, when the idea of making Naloxone available without a prescription gained momentum, Dr Wodak pointed out in his article published by The Conversation that:

“Although methadone and buprenorphine maintenance treatments reduce overdose deaths by about 80%, for instance, they are difficult to access in many parts of Australia.

And the payment required by patients in some programs makes them ridiculously unaffordable, especially for low-income people.

Providing more of this treatment in prison, especially for inmates close to release, is particularly important as recently released inmates have a very high rate of death from overdose in their first weeks back in the community.

But in most prisons in Australia, it is even harder to enrol in this treatment than in the community.”

Dr Wodak said more recently that while he welcomes the increased availability of Naloxone, this action does not address Australia’s problem with increased misuse of opioids. He told the Guardian that:

“Drug overdose deaths are rising at totally unacceptable levels, and while Naloxone might make some difference, getting more people who are addicted to drugs into treatment would make a much bigger difference.

Treatment is too limited in capacity and too inflexible in its design, and too much shaped by a drug prohibition environment.”

However, most agree that the increased accessibility of Naloxone is a step in the right direction when it comes to reducing deaths through heroin overdoses.

January 17, 2016 Drug Possession, Drug Supply
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Drug Hot Spots in NSW

It seems as though the media wants us to believe that drug use occurs mostly in ‘less affluent’ areas of Sydney, and in regional NSW.

But while those living in wealthy neighbourhoods might think drugs are associated with ‘poorer’ areas, data obtained by the Bureau of Crime Statistics and Research (BOCSAR) suggests that some of Sydney’s most prestigious suburbs have the highest rates of drug possession and supply.

Here’s a breakdown of drug activity by offence type and area:

Cannabis

SBS series Struggle Street sparked controversy last year after showing 21-year-old Mount Druitt local Billie-Jo Wilkie smoking cannabis while pregnant.

The confronting scene attracted many negative comments on social media about the residents of Mount Druitt, with one viewer posting: ‘Mt Druitt, a good reason for compulsory sterilisation.’

But it wasn’t Mt Druitt, or any other outer Sydney suburb, that topped the list for cannabis possession.

Rather, the Sydney Local Government Area (LGA) was in number one place with 1594.1 incidents involving cannabis use or possession per 100,000 population between October 2014 and September 2015; quadruple the state average of 357.6. It should be noted, however, that a significant proportion of those detected are likely to have been visiting the city from other areas.

Country areas such as Mildura, Walgett and Bourke also had high rates, at 850.3, 882.6 and 1123.2 per 100,000 population respectively.

Waverley LGA was also right up there, with 796.5 per 100,000. Waverley includes the iconic Sydney suburbs Bondi Beach, Tamarama and Bronte which, like the Sydney CBD, attract large number of visitors.

Trendy inner-west suburbs including Marrickville, Newtown, Surry Hills and Potts Point closely followed, with 710 incidents per 100,000 people.

By comparison, the Blacktown LGA, which includes Mount Druitt, recorded 497.2 incidents – not a great deal more than the state average.

Ecstasy

Ecstasy has featured heavily in the media in recent times after a number of tragic deaths at music festivals.

Some of Sydney’s most expensive suburbs recorded the highest rates of ecstasy use in the state. In North Sydney LGA, which includes Kirribilli, Milsons Point, Neutral Bay and Crows Nest, there were 228.9 recorded incidents of ecstasy use or possession per 100,000 population; well over the state average of 41.6.

The rate in nearby Randwick LGA was 145.7, while the rate in the Sydney City area was 564.1.

Not surprisingly, the Sydney Olympic Park area had some of the highest recorded incidents of ecstasy use/possession, at 135.4 per 100,000. This is partly attributable to festivals and public events being held at the Park – including the annual Stereosonic music festival, during which there were 221 drug-related arrests last year.

Cocaine

Cocaine is known as a drug of the wealthy – so it may come as no surprise that affluent areas, including the Wollahra, Waverley and Randwick LGA, reported the highest rates of cocaine use/possession; at 203.6, 112.3 and 91.1 per 100,000 population respectively; compared with the statewide average of 23.5.

Parramatta also reported high rates of cocaine use at 74.5 per 100,000 people.

By contrast, many rural and regional areas reported very low – and in some cases, zero – rates of cocaine use, which may be reflective of the high price commanded by the drug, as well as lack of supply in rural areas.

Ice / Methamphetamines

NSW is reported to be in the grips of an ‘ice epidemic’ – and the problem is said to be most prevalent in country areas.

This is indeed reflected in the BOCSAR statistics – with areas such as Cessnock, Goulburn, Forbes and Bourke having some of the highest recorded rates of amphetamine use anywhere in the state.

However, statistics suggest that Liverpool and the Sydney CBD also have high rates – at 209.7 and 655.3 per 100,000 respectively, compared with the statewide average of 121.6.

Randwick and Marrickville LGAs also reported high rates of amphetamine use – at 115.2 and 143.2 per 100,000 respectively.

Other Drug Offences

When it came to other drug crimes, the results were even more interesting.

The incidence of drug supply generally followed trends for possession of each of the respective drugs – i.e. areas that had high rates of cannabis possession also had high reported rates of people getting charged with supplying cannabis.

But other drug crimes, such as drug manufacture, were less predictable – while there were very few people charged with this offence in the inner city area (perhaps because most people would not manufacture in such a heavily populated area), regional centres such as Mudgee, Cobar and Nambucca reported the highest rates.

The Rockdale and Botany Bay LGAs also recorded some of the highest rates of drug importation – which is, of course, because those areas encompass Sydney Airport and Port Botany. Surprisingly, however, there were also high rates of drug importation in the Willoughby LGA – which generally has low crime rates.

What Do the Statistics Suggest?

Although statistics can’t always be relied upon, and can be skewed by a range of factors, the BOCSAR figures appear to confirm that drug use occurs everywhere – including in ‘safe’ and ‘affluent’ suburbs.

The figures suggest that it is inaccurate and unfair to stereotype particular areas and people as drug users or suppliers.

January 14, 2016 Drug Importation, Drug Supply
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Guzman’s Recapture Won’t Win the ‘War on Drugs’

If you’ve been reading the news lately, you may have heard about the recapture of notorious drug lord Joaquín Guzmán, better known as ‘El Chapo,’ or ‘The Shorty.’ Guzmán’s brazen escape from a high-security Mexican prison in 2014 was detailed in one of our earlier blogs.

He was recaptured earlier this week after nearly 6 months on the run, with U.S. and Mexican authorities hailing the arrest as a massive win in the war against drugs.

Who is Guzman?

As leader of the notorious Sinaloa Cartel, Guzmán regularly ranks as one of the world’s most powerful drug traffickers – with the Drug Enforcement Adminstration (DEA) naming him ‘the godfather of the drug world’ and claiming he is even more influential than Pablo Escobar.

The Sinaloa Cartel is renowned for smuggling huge quantities of methamphetamine, marijuana, ecstasy, cocaine and heroin into the United States, and Guzmán himself is believed to have smuggled more drugs into the U.S than anyone else in history.

If those claims are true, some might think that Guzmán’s arrest will help win the fight against drugs – but in reality, it will have little or no impact.

Here’s are just a few reasons why:

1. Guzmán Can Run His Empire Behind Bars

Prison is supposed to deter people from committing crimes – but not in Guzmán’s case. He spent over seven years in prison prior to his first escape in 2001 – during which his empire flourished.

Guzmán has the ability to control his operations from behind bars, aided by his brother – and he uses the corrupt Mexican prison system to his advantage, even bribing guards to help orchestrate his first escape.

This is simply a case where prison will act as no deterrence either for other drug lords (because they have no regard for the law anyhow) or the powerful Guzmán himself.

2. The Laws of Supply and Demand

From an economic perspective, arresting one of the big drug kingpins will do little to stop the drug trade.

Even if Guzmán’s arrest leads to a decrease in supply, drug users will be willing to pay a premium to source their drugs elsewhere – which, in turn, will fund further drug activity.

For users – especially those who use highly addictive substances such as cocaine, ice or heroin – drugs are a lifeblood for survival, just like food and water. Simply taking away one drug source and jacking up prices won’t impact on whether they will be purchased.

This is one of the reasons why the war on drugs is so ineffective compared to harm minimisation strategies. Drug users will continue to take drugs regardless of the risk or price, so our best bet is reducing the harm associated with drug use through better regulation and the provision of adequate health services.

3. There Are Plenty of Other Cartels Out There

While the Sinaloa Cartel is widely regarded as the biggest, the fact remains that there are plenty of other powerful drug cartels which are more than capable of supplying drugs to the United States.

The Los Zetas, Gulf, Tijuana, Knights Templar and Juárez cartels each control major trafficking routes between the United States and Mexico – and there are dozens of other major cartels scattered throughout South and Central America. Even if the Sinaloa Cartel were disbanded, another would simply step into its place.

Indeed, history has many examples of this occurring. For instance, when the once-powerful Tijuana cartel was fragmented during early 21st century, the Sinaloa cartel simply stepped in to fill the gaps. The same fate will likely befall the Sinaloa cartel if it is affected by Guzmán’s recapture: another rival cartel will simply seize the opportunity to gain new territory.

For those and other reasons, the US Department of Homeland Security admitted in 2001 that ‘there is no perceptible pattern that correlates either a decrease or increase in drug seizures due to the removal of key [drug cartel] personnel.’

January 07, 2016 Drug Possession, Drug Supply
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Police Minister Wants to Ban Music Festivals

Another festival, another overdose.

On New Year’s Day, the Sydney music community was shaken by the news that a 23-year-old woman had been hospitalised after consuming MDMA at the Field Day music festival.

Thankfully, the woman was discharged earlier this week and is expected to make a full recovery.

The incident is the latest in a string of drug-related overdoses, with two revellers tragically passing away after consuming drugs at Stereosonic.

In response, the NSW government is reportedly considering banning festivals altogether.

Speaking to the media earlier this week, NSW Police Minister Troy Grant said that music festivals could ‘potentially be shut down,’ and ‘ultimately, if the events continue to cause deaths…the festivals will write their own script.’ He has expressed support for the idea of music festivals being made a thing of the past.

But the proposal has attracted widespread criticism from musicians, festival organisers and patrons alike.

Organisers Hit With Criticism

Following the latest overdose, Police Minister Grant lashed out at festival organiser Fuzzy – which runs Field Day, Harbourlife and Listen Out – saying:

‘Festival organisers have a duty of care to look after patrons and the ball is now in their court to tell worried parents and grieving families what steps they are taking to improve the situation.

The government is reviewing the system of regulating events held on public land, including the process for granting permits for events such as music festivals.’

But Fuzzy has hit back by saying that it, ‘has always made health and safety a priority which is approved by government stakeholders and also communicated to our customers via ticket holder emails, patron maps, the event app and dedicated event website.’

Those who regularly attend music festivals would no doubt be aware of the lengths organisers take to make events safe for all parties. Triple J’s Hack program reported that at this year’s Field Day event, there were 34 medical staff, 6 ambulance staff, and 26 Red Cross harm minimisation staff in attendance – as well as three dedicated “chill out” bars and 76 free water points (vastly more the 9 that are required by the festival’s liquor licence).

Is There Really a Drug Problem?

Festival organisers also deny that drugs are a major problem, saying that the number of patrons seeking medical attention for alcohol consumption far exceeds those seeking treatment for drugs.

Approximately 28,000 people attended Field Day this year – and over 200 are estimated to have received medical attention at the event, with five hospitalised.

But of those, only 13 (or 0.0005% of attendees) sought treatment for drug use.

Alcohol is widely available at the events, and an estimated 14 people sought treatment for intoxication.

Field Day organisers contend media statistics are an inaccurate representation of medical assistance provided at the event. According to Fuzzy, around 180 people sought treatment for minor injuries which were not alcohol or drug related – such as minor cuts, sunscreen in eyes, and paracetamol – not for drug use.

Is Banning Festivals the Right Solution?

As discussed in many of our previous blogs, the Australian government has backed the prohibition of drugs for decades; spending billions of taxpayer dollars on ineffective advertising campaigns, police and law enforcement efforts.

Despite this, there has been no reduction in the number of people using drugs: the 2015 Australian National Drug Strategy Household Survey found that 27% of Australians aged between 20 and 29 had used drugs in the past year, with 8% using ecstasy.

At this year’s Field Day festival, 214 people were charged with drug offences, with three charged with drug supply. This was despite attendees being warned about the presence of police officers and drug detection dogs well in advance.

Drug experts concede that festivalgoers will continue to use drugs despite the risks. Will Tregonning from drug education group Unharm told the media:

‘People are going to use drugs anyway, not knowing what they’re taking. We want to provide that at-risk group of people, already about to use drugs, info about the drugs they’re intending to consume, and give them info around the risks of consuming that substance.’

However, many have questioned the utility of banning music festivals altogether, given the fact that the vast majority of people attend and have a great time without incident. The government has been asked to rethink its approach by holding an inquiry into festival deaths, instead of rushing to ban them altogether.

Acting Opposition Leader Linda Burney has voiced her support for an inquiry, saying:

‘Tough talking is all very well but the talking needs to be done with people who understand the challenges, who organise festivals, and to young people…Banning festivals is not the answer but understanding the challenges [is], and the parliamentary inquiry will provide that.’

She says that alternative solutions, such as better education about the dangers of using drugs, as well as drug detection procedures, should be examined by the inquiry.

Others have suggested that banning music festivals could do more harm than good – Australian electronic band The Presets released a statement on social media this week calling idea ‘nuts.’

Many believe that banning festivals would result in illegal underground festivals flourishing – where there would be no medical supervision or drug detection operations.

Deaths due to drug use are an obvious concern, but banning festivals does not appear to be the answer.

Before jumping the gun, perhaps the government should consider implementing policies which treat drug use as a health concern, rather than a crime – such as pill testing, which has already proven to be effective way of reducing drug related deaths at festivals in many European countries.

December 31, 2015 Drug Possession, Drug Supply
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Don’t Party Before Reading This!

With the festival season well and truly here, thousands of partygoers are getting ready to have the time of their lives all over Australia.

But as usual, police and sniffer dogs will be out in force trying to detect and prosecute those who try bringing drugs into events

So here are our top ten tips about your rights when approached by police at festivals and other events:

1. Make sure police have a right to search

Police are only allowed to search you if they ‘suspect on reasonable grounds’ that you have drugs or a dangerous item on you at that particular time, or that you have committed, or are about to commit, an offence.

Police may seem intimidating, and may often try to use their authority to coerce you into submitting to a search based on observations that they may make.

But it’s important to keep your cool – in many situations police will not have ‘reasonable suspicion’ to conduct a legal search.

For example, just appearing nervous, sweating, or fidgeting will not be enough to constitute a ‘reasonable suspicion’ – not even if you are in an area that is known for drug activity.

On the other hand, a sniffer dog sitting next to you is generally considered to amount to reasonable suspicion – despite a recent survey suggesting that up to 75% of all positive indications from sniffer dogs are false – as long as there are additional factors over and above just the positive indication itself.

If police stop you, you should ask calmly ask ‘could you please tell me why I am I being stopped?’

If they ask if they can search you, it’s best to politely say, ‘No, I don’t wish to be searched.’

If police search you without the required suspicion and find a small amount of drugs, there is a good chance that they will need to drop the case or, if they refuse to drop it, that the case will be thrown out of court.

In some cases, your lawyer may even be able to obtain an order for police to pay your legal costs.

So if police stop and ask to search you – always ask why.

They will probably say something like, ‘we believe that you are carrying drugs’ – in which case you should ask, ‘on what grounds?’

Ensure that you record their responses.

2. Give police your details

While you aren’t technically obliged to give police your details (name and address) unless you are arrested or reasonably suspected of committing or witnessing a crime, it’s often a good idea to do so if asked.

By giving police your details, you can ensure that the process runs smoothly – as sometimes, a refusal to provide details may suggest that you have a ‘guilty conscience.’

However, remember that you don’t have any obligation to answer questions that police ask you, and in most cases it’s actually better not to answer by saying something like ‘I don’t wish to answer’, as you may end up saying something that may incriminate you or your friends.

3. Don’t hide drugs in your hair or mouth

Sometimes, your mates might suggest that you hide drugs in your hair or mouth in order to avoid detection when searched.

However this isn’t a good idea – under the law, police have the power to ask you to open your mouth or shake or move your hair if they reasonably suspect that you are concealing drugs.

If you fail to comply with these requests, you could be fined up to $550.

Despite this, police do not have the power to forcibly open your mouth.

4. Remain calm

Police can be infuriating to deal with – and in some instances they may even provoke you to try and get a response.

But no matter what they do, it’s important to remain calm and not become aggressive or abusive.

Keeping a level-head will help you in the long run – if you lash out or abuse police, you may be charged with an offence such as ‘assaulting police’ or ‘resisting police’, which carry heavy penalties.

5. Record the incident

If you’re stopped by police, get a friend to record the incident on their phone.

If you end up being charged, this can prevent police from inserting inaccurate or incorrect information into their statements, which may be detrimental to your case.

If they do insert untruths, the footage can discredit their version of the events.

However, if you do get a friend to film, make sure that they do not hinder police or interfere with what they are doing, as this can give rise to additional charges.

6. Be aware of the charge of ‘deemed supply’

Did you know that you can be charged with drug supply if you are caught with a certain amount of drugs upon you (known as the ‘traffickable quantity’ of drugs) – even if police have no other evidence to suggest that you were actually supplying drugs to other people?

This is known as ‘deemed supply.’

It means that police can charge you with drug supply, which is more serious than drug possession, if you are caught with:

– 0.75 grams or more of Ecstacy/MDMA (which can be just 2 or 3 pills)

– 3 grams or more of heroin, cocaine or amphetamines

– 300 grams or more of cannabis

If you are charged with deemed supply, your lawyer will have to prove on the balance of probabilities (more than 50%) that the drugs were on your for something other than supply eg for personal use only.

In that case, your lawyer can write to police and formally request that they drop the supply charge or downgrade it to drug possession.

7. Stay silent if drugs are found

It’s important to remember that you have no obligation to speak to police or answer any of their questions.

It’s particularly important to remain silent if drugs are found upon you, as you might end up saying something that you will later regret, or that may give rise to more serious charges such as drug supply.

For example, you could be charged with drug supply if you tell police that you intended to share the drugs with friends or to give some away for free.

Remember, anything that you say to police can be used against you.

8. Know about the cannabis cautioning scheme

For minor cannabis possession offence, NSW police have the discretion to deal with the matter by way of a ‘cannabis caution.’

This is essentially a warning given to you by police about the use of cannabis, with information about the legal and health consequences of cannabis use.

It will not appear on your criminal record.

If you are issued with a second cannabis caution, you will be required to attend a mandatory education session with the Alcohol and Drug Information Service.

It’s important to remember that police may still choose to issue you with a court attendance notice if you are caught with cannabis upon you – it is up to them how they will deal with the matter.

And cannabis cautions cannot be issued where you are suspected of supplying cannabis to other people.

9. If you are arrested, don’t resist

If arrested, it’s important to stay calm and not fight back.

If you resist, you may be charged with ‘resisting arrest,’ which carries further penalties.

You may be charged with ‘resisting arrest’ if you try to run away or even if you just pull your arms away when police are trying to detain you.

You may be charged with ‘assaulting police’ if you lash out and kick, hit or spit at police officers.

It’s important to be aware of your arrest rights.

If police don’t comply with proper procedures, you can make a complaint to the Ombudsman or even seek to commence proceedings for unlawful arrest or false imprisonment.

10. It’s not the end of the world

Finally, if you do get caught, it’s not the end of the world!

Thousands of people are charged with drug possession and drug supply every year, and with the help of highly experienced drug lawyers, you can avoid a criminal conviction altogether in many cases.

Our specialist drug defence team frequently obtains ‘section 10 dismissals and conditional release orders’ in drug cases, which is where you are guilty but no conviction is recorded against your name– so that you won’t have to bear the burden of a criminal record affecting your future.

We have even achieved ‘non conviction orders’ in relatively serious cases – including supplying 20 ecstacy pills.

In some cases, we are able to get drug charges dropped at an early stage by carefully examining the case and finding problems – such as when an illegal search has taken place or where police cannot prove ‘exclusive possession’.

In drug supply cases, we often get the charges downgraded to ‘drug possession’ – which can increase your chance of avoiding a conviction.

So if you do get picked up with drugs upon at a festival, our dedicated lawyers will be here to help, 24 hours a day/ 7 days a week.

Most importantly – stay safe, look after your mates and party hard!

December 27, 2015 Drug Possession, Drug Supply
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Sniffer Dogs and Random Drug Testing Over New Year’s

2016 is just around the corner – and many of us will have exciting plans to reign in the New Year with family and friends.

But the silly comes with an increased police presence – with roadside drug testing operations and sniffer dogs out in force.

So when you head out to celebrate, be informed, know your rights and stay safe!

Random Drug Testing

You may have seen TV ads warning drivers of the increase in random drug testing.

As discussed in a recent blog, the NSW Police Force has ramped up its roadside drug testing efforts and high numbers of motorists are testing positive to driving will illicit drugs in their system.

While RDT was previously ‘centralised’ in Western Sydney – meaning that drivers outside that area were less likely to be tested – a new, decentralised system means that all highway patrol and general duties police cars are being equipped with drug testing kits.

The kits consist of a swab which tests for the presence of cannabis, ecstasy and methamphetamines – and unlike random breath testing, very small traces of drugs in your system can get you into trouble. In fact, you may test positive and be charged with drug driving even if you haven’t consumed drugs for several days.

Drug driving carries a maximum penalty of $1,100 and an ‘automatic’ disqualification from driving of 6 months, which can be reduced to three months if there are solid reasons to do so – such as a strong need for a licence for work and family commitments, and an otherwise good driving record.

A finding of guilt may also result in a conviction on your criminal record – so if you do take drugs during the New Year’s break, it’s best to either take public transport, a taxi or Uber, or let someone else drive.

Rights When Suspected of Possessing Drugs

New Year’s also signals the start of several music festivals – with Falls Festival, Lost Paradise and Field Day kicking off in coming days.

This means that police and sniffer dogs will be out in full force in a bid to crack down on drug users – so it pays to know your rights when approached by police.

Police can’t just search you for any reason – they must have a ‘suspicion on reasonable grounds’ that you are in possession of drugs at that particular time.

As discussed in previous blogs, a positive indication by a sniffer dog combined with other factors may be enough to give rise to a ‘reasonable suspicion’.

Those heading to Falls and Lost Paradise should be aware that police plan to search cars that are entering the festivals. A statement issued by Falls Festival on their website reads:

‘Staff, police, sniffer dogs and security will be searching ALL cars on arrival. Harsh penalties include[e] immediate ejection from the event, fines and possible criminal charges.’

So, think twice before you decide to bring drugs to a festival!

Penalties for Drug Possession

The maximum penalty for drug possession is 2 years imprisonment and/or a fine of $2,200. You will also receive a criminal record if you are convicted, which can affect your employment or travel in the future.

However, a good drug lawyer may be able to persuade the court not to record a conviction against your name even if you wish to plead guilty.

If you are caught with 15 grams of cannabis or less, police have the discretion to issue a ‘cannabis caution’ instead of sending you to court. This is a formal ‘warning’ which does not go on your criminal record. Police are able to issue a maximum of two cautions before they must charge you with drug possession and send you to court.

‘Deemed Supply’

Police are able to charge you with drug supply if there is no evidence that you supplied drugs, or that you intended to supply drugs to anyone.

This is known as ‘deemed supply’. You can be charged with deemed supply if you have more than the trafficable quantity of drugs in your possession.

Here are the trafficable quantities of some of the more popular illicit drugs:

  • Cannabis: 300 grams
  • Cocaine: 3 grams
  • Amphetamines: 3 grams
  • Heroin: 3 grams
  • MDMA/ecstasy: 0.75 grams

The maximum penalties which apply depend on the type and amount of drug, and whether the case stays in the local court or goes up to a higher court.

If you end up in trouble…

If you are charged with a drug offence, getting a good drug lawyer on your side can make a world of difference.

For example, if you have been charged with drug possession or supply, an experienced drug lawyer can fight to have the case dropped on the grounds of an illegal search or a range of other reasons.

If you are charged with ‘deemed supply’ and admit that you possessed the drugs, a specialist lawyer can have the charge reduced to ‘drug possession’; which carries less serious penalties.

In cases where you are concerned about getting a criminal record, a good lawyer may be able to persuade the court to allow you to remain conviction-free.

To book a FREE first conference with our expert drug lawyers now, call us anytime on (02) 9264 5778 – we represent clients in all NSW courts.

December 24, 2015 Drug Importation, Drug Manufacture, Drug Supply
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Top 5 Dumbest Drug Offenders

Smuggling and dealing drugs is a risky business – so naturally you would assume that those who do it would take extra precautions to prevent them from getting caught, right?

Wrong!

Here we share the stories of five of the dumbest drug offenders.

1. Water Leak Leads to Drug Bust

Police had already received reports of suspicious people entering and leaving unemployed bodybuilder Bektash Keshavarzi’s Ryde apartment – but his operation unravelled spectacularly when a downstairs neighbour reported a water leak emanating from his unit.

Police obtained a warrant to search the unit; only to discover that it was completely empty – except for several safes, heightening police suspicions and triggering a surveillance operation. The apartment was leased to Mr Keshavarzi under a false name – and police soon discovered that Keshavarzi was renting a number of other apartments on Sydney’s north shore, well beyond his means.

Upon searching a property in Gladesville, police found a large amount of drugs including 88 kilograms of methamphetamine (‘ice’) and $330,090 in cash, as well as quantities of pseudoephedrine – a precursor used in the manufacture of methamphetamine. A raid on his unit at Mowbray Road, Artarmon also uncovered a number of false identity documents and over $12,000 in cash.

It is one of the biggest drug busts in Sydney in recent times.

Keshavarzi was charged with manufacturing a large commercial quantity of methylamphetamine, supplying a large commercial quantity of MDMA, and numerous fraud offences.

He appeared before Sydney’s Central Local Court last week, where he was granted strict conditional bail subject to $1 million security.

The DPP has reportedly made a ‘detention application’ to the Supreme Court in an attempt to keep him behind bars.

2. Drug Mule Narrowly Escapes Death

48-year-old British man Colmin Smith may not be the sharpest tool in the shed – but he’s a very lucky man.

Smith made the dangerous decision ingest 239 grams of cocaine packed inside 61 pellets in an attempt to smuggle the drugs from Antigua to London.

But shortly after takeoff, one of the pellets burst inside his stomach. He was able to alert a flight attendant to his sticky situation before losing consciousness.

The plane was forced to make an emergency landing in Bermuda, and Mr Smith was rushed to hospital to have the packets removed. Thankfully, he survived the surgery and was able to make it to Court, where he was convicted of just one charge of possession and fined £471.

According to police, he could only be charged with possession because there was no evidence to suggest he intended to sell or smuggle the drugs to Bermuda.

3. ‘Breaking Bad’ Drug Manufacturer Caught

A Victorian woman who operated a ‘Breaking Bad’ style laboratory – out of a hotel room – was caught after police raided her room, finding a variety of lab equipment and chemicals.

25-year-old Melinda Hansen was charged with drug trafficking and possessing drug manufacturing equipment and documents.

Police reportedly found a wealth of evidence against the woman – including selfies which depicted her with large amounts of drugs and cash.

Numerous text messages exchanged between Ms Hansen and other individuals allegedly supporting allegations that she was a dealer.

4. Drug Dealer Posts Photo of Himself Supplying Drugs to Police

Showing off your stash is not the smartest way to run a drug operation – as one Florida man learned the hard way.

21-year-old male stripper Taylor Harrison made the fateful decision of snapping selfies of him sitting in his car topless, with a pile of cannabis and cash on his lap.

Unbeknownst to him, police were parked right next to him, witnessing the entire photoshoot.

To make matters worse, Harrison then attempted to sell drugs to the police officer, and even managed to snap a photo of the exchange taking place – which he shared on Facebook.

Police arrested and charged him with drug supply, and shared his mugshot on their Facebook page, noting: ‘Since Taylor was kind enough to share photos of us on his Facebook page, we thought we would share these photos of Taylor on our page.’

5. Man Lists ‘Drug Dealer’ as Occupation

25-year-old Richard Phillips’ day started on a bad note after he cut off a police car in traffic.

But things soon went from bad to worse after police followed and observed him dealing drugs.

He was arrested and taken back to the police station, where he was asked to fill out his arrest forms. But in an inexplicable act of stupidity, he listed ‘drug dealer’ as his occupation on the forms.

It later transpired that the car he was driving was stolen.

He was charged with a number of offences, including stealing a vehicle and drug supply.

December 03, 2015 Drug Possession, Drug Supply
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I’m not guilty - I was holding the drugs for the owner!

Being charged with drug supply can be scary – but you may not have known that it is a defence if you were simply holding the drugs for another person.

One person who found herself in this position was 38 year old Tracey Anne Frazer.

R v Frazer (2002)

Police found Tracey Anne Frazer in possession of one capsule of methyl amphetamine while she was in the car with her boyfriend, Mr Rindfleish, driving from Lithgow to Sydney.

She claimed that her boyfriend had handed her the drugs when they stopped to buy petrol, and that she intended to return the capsule when he got back. But Ms Frazer fell asleep in the car, and forgot to return it.

The next thing she remembers is being woken up by Rindfleish, who said that the police were following them. Police pulled them over and searched the car. Frazer admitted that she was carrying a capsule in her trousers.

Police charged her with ‘drug supply’ on the basis that she intended to return the drugs to her boyfriend. At trial, Ms Frazer once again admitted to being in possession of drugs, but pleaded ‘not guilty’ to the supply charge.

Initial trial

During the trial, the jury asked the judge to outline the definition of supply; but the judge failed to outline the law when it comes to minding drugs for someone else. Despite Ms Frazer’s criminal defence barrister correctly advising the judge about the law, he failed to tell the jury that if they were satisfied that Ms Frazer was simply minding the drugs for her boyfriend, they must find her not guilty of drug supply.

Accordingly, Ms Frazer was convicted of the drug supply charge.

Appeal

On appeal, the NSW Criminal Court of Appeal (NSWCCA) found that the trial judge’s failure to explain the law when it comes to holding drugs for someone else meant there was a potential miscarriage of justice.

The NSWCCA found that the trial judge should have said to the jury that:

“if they [the jury] accept on the balance of probabilities the evidence that Rindfleish gave her the [drugs] temporarily and if it was always intended that it would be given back at some point, then they should acquit.”

Ms Frazer’s conviction for drug supply was quashed on that basis, although she was still guilty of drug possession.

What is supply when it comes to drugs?

Supply is defined by Section 3 of the Drug Misuse and Trafficking Act as selling, distributing, agreeing to supply, offering to supply, keeping or having in possession to supply, forwarding, sending, delivering, or receiving for supply, or authorising, directing, causing, suffering, permitting or attempting any of the above.

Although this is a very broad definition, courts have found time and again that holding drugs for someone else is not ‘possession for supply’. This is the case whether a person is holding one pill for someone else, or 10,000.

Where applicable, this rule is an extremely useful way to defend serious drug supply charges – some of which may carry a maximum penalty of life imprisonment – and to have the charges reduced to drug possession only – a far less serious charge which carries a maximum penalty of 2 years imprisonment.

Deemed Supply

There was evidence in the case of Frazer that she intended to pass the drugs to someone else, namely her boyfriend.

But did you know that you can be charged with drug supply even if there is no evidence at all that you intended to give, sell or return drugs to another person?

The law says that a person who is found in possession of more than the ‘trafficable quantity’ of drugs can be charged with ‘deemed supply’; even if there is no evidence of actual supply, or of any intention to supply.

The trafficable quantity of MDMA (ecstacy) is 0.75 grams, which can be as few as 2 or 3 tablets. The quantity for amphetamines, cocaine and heroin is 3 grams, and the quantity for cannabis is 300 grams.

If you are charged with deemed supply, you (or your lawyer) may be able to argue that you possessed the drugs for a purpose other than supply. Your lawyer may in fact be able to have your deemed supply charge dropped or thrown out of court for a range of reasons, including:

  • That the drugs were for personal use only;
  • That you did not have knowledge of the presence of the drugs;
  • That you did not have ‘exclusive possession’ of the drugs because they were located in the common area, eg the living room or kitchen of a shared house; or
  • That you were holding the drugs for someone else.

If you are facing drug charges in Sydney, it is important to speak to experienced criminal lawyers with the specialist knowledge to fight and win drug cases.

November 29, 2015 Drug Possession, Drug Supply
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Heavy Police Presence Fails to Deter Drug Use at Stereosonic

A 22-year-old woman has died, and a 25-year-old woman is in a critical condition at Concord Hospital, after attending yesterday’s Stereosonic music festival in Sydney.

48,000 revellers flocked to Sydney Olympic Park for the much-anticipated event, partying to the beats of dance artists like Armin Van, Peking Duk, Axwell and Major Lazer.

A major drug detection operation once again failed to deter patrons from bringing drugs to the festival, with 69 people charged with drug possession and supply, and a further 23 issued with cannabis cautions. More are expected to be charged today.

Assistant Police Commissioner Mennilli described the number of people charged as: ‘alarming and disappointing, especially after we warned revellers about the dangers of drug use’.

Patrons took to social media during the festival, describing it as a ‘drug fuelled festival of fu%kery’ and stating ‘there are many creative ways to get drugs into festivals. Everyone does it’. One person lamented that ‘During Woodstock days there was a purpose to explore your inner self. Help your neighbour love peace and so on. Now it’s how wasted is not enough for Monday morning. SAD.’

The posts suggest that major drug detection operations have failed to deter patrons from bringing drugs to music festivals; and if the 22-year-old’s tragic death is indeed drug related, the incident could bolster calls for changes to drug policies – including the introduction of European-style pill testing rooms to ensure that drugs at festivals are free from potentially deadly fillers.

Sniff Off Responds

‘Sniff Off’ is a Facebook page of Greens MP David Shoebridge, who has been outspoken about the ineffectiveness of sniffer dog operations in deterring drug use and preventing deaths.

The page responded to yesterday’s events by posting:

‘This is tragic. The drug dog program is an expensive exercise for show that did nothing to prevent this woman’s death. If the millions spent on this program were redirected to actual harm prevention measures like pill testing kits, amnesty bins, and better healthcare at the festival this might have been avoided.’

It is a view shared by heath care professionals, experts on drug policy both here and abroad, families of those killed after ‘loading up’ on drugs, and members of the general public.

The Dangers of ‘Loading Up’ and Deadly Fillers 

The latest death is a painful reminder of the dangers of ‘loading up’ – or taking multiple pills at once to avoid detection by sniffer dogs. A number of highly-publicised deaths at music festivals in recent years has been attributed to the practice.

In 2009, 17-year-old Gemma Thoms died at the Perth leg of the Big Day Out festival. The Coroners Court heard that she had consumed three ecstasy pills in quick succession as she was worried about being caught by sniffer dogs.

Shortly afterwards, she began shaking, before collapsing on the floor and convulsing. She was rushed to hospital and pronounced dead the following day.

And in 2013, 23-year-old James Munro died at the Defqon.1 festival in Sydney after also quickly consuming three ecstasy pills. His father, Stephen Munro, told the media that his son had taken the pills after becoming aware of the strong police presence at the gates.

Drug experts have also warned of the hidden dangers associated with the use of sniffer dogs.

Lucy Burns from the National Alcohol and Drug Research Centre says that many festivalgoers feel coerced into loading up to avoid detection by sniffer dogs:

‘People might go to a festival and see there’s a lot of security dogs there…They may be including to get rid of any drugs they’ve got on them, they may ingest them…Of course that does come with problems because once you’ve got it in your system it’s very hard to get it out.’

Another danger associated with our current drug policy is the simple fact that users do not know what is in the drugs that are sold to them.

The unregulated black market means that drug suppliers can determine the purity and ingredients contained in drugs such as ecstasy – and often cut or lace pills with dangerous and toxic substances to save money.

This essentially means that users gamble with their lives every time they consume drugs.

Many have suggested that this issue could be resolved by decriminalising drugs and leaving it up to governments to regulate what goes into them in a bid to prevent further deaths.

The European Approach

Another initiative which has already proven instrumental in preventing overdoses is ‘pill testing.’

In Europe, many music festivals and rave clubs provide patrons with free drug testing services which allow users to ascertain exactly what is in their drugs before they consume them. Results are provided in as little as 30 minutes, and police who patrol the events allow users to have their drugs tested without fear of arrest.

In some instances, trained medical professionals and experts are on hand to provide patrons with advice about drug use.

These initiatives have proven to reduce the risk of overdose, as those who discover that their drugs contain potentially deadly substances generally refrain from consuming them.

However, governments and police seem intent on persisting with the failed current approach, which will almost certainly result in further unnecessary tragedies.

November 28, 2015 Drug Possession, Drug Supply
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Man Stashes Drugs for Later Use at Music Festival

Festivalgoers are currently enjoying the annual Stereosonic festival, with Sydney Olympic Park hosting a stellar line up of dance artists including Armin Van Buuren, Axwell, Peking Duk and Major Lazer.

At last year’s festival, a record 221 people were charged with drug offences after police conducted searches on around 830 of the 81,000 ticketholders. The vast majority of people were allegedly detected attempting to bring drugs into the festival at the gates – but 38 were allegedly found with drugs on public transport en route to the festival.

This year’s attendees have attempted to get crafty in their bid to smuggle drugs into the festival – with two Sydney men arrested for attempting to hide drugs around Sydney Olympic Park days before the festival is due to kick off.

Desperate Measures for Drugs

According to the media, police have been called to Sydney Olympic Park twice in the past few weeks following reports of people attempting to conceal drugs within the venue in the lead up to Stereosonic.

On the 20th of November, security guards allegedly observed 21-year-old Zane Raffie drilling a hole into a building in order to store drugs.

Mr Raffie fled when confronted by security guards, but police reported that he was attempting to ‘install something that could conceal drugs.’ They later attended Raffie’shome in Green Valley and located 10 capsules of MDMA, as well as a prohibited plant. He was charged with reckless damage, trespass, drug possession, and possession of a prohibited plant, and is due to appear at Burwood Local Court on the 2nd of February.

Just days later, on the 24th of November, another man was found ‘acting suspiciously’ around the venue. Police were called again and spoke to 22-year-old Ali Ghoneim, before searching his car and locating 95 ecstasy pills. He has been issued with a Court Attendance Notice to appear in Burwood Local Court on the 15th of December for drug supply.

Both men have been banned from Sydney Olympic Park and warned that they will be arrested if they show up today.

Security Increased After 2014 Festival

According to police, the level of security around the venue was increased this year in the lead up to Stereosonic after several people were caught trying to hide drugs in the area.
A police spokesperson warned festivalgoers:

‘We know this happens so we’ve been regularly sweeping the area with drugs dogs over the last few days to make sure we find stuff before the park is fully locked down…At the end of the day, if you’re planning to take drugs in, you’ll get caught. If you’ve already secreted drugs, we’ve already found them so don’t bother turning up.’

Specialist Drug Lawyers

If you’ve been issued with a Court Attendance Notice for a drug offence at Stereosonic, our specialist drug defence lawyers can help.

Our lawyers represent clients in drug possession and drug supply cases every day, and have done so for many years.

We also offer competitive ‘fixed fees’ for a range of drug cases, so you will know exactly how much your matter is going to cost upfront.

Call us today for a free first appointment.