Getting High, Legally

Being caught with drugs like marijuana, ecstacy and cocaine can result in heavy penalties and a criminal conviction – but did you know there are intoxicating drugs you can buy and consume legally?

Most of these ‘legal highs’ are traditionally used by ethnic groups as part of their social customs, rather than partying and having a good time. And unsurprisingly, while they have physical effects on the user, they are generally milder than most illicit drugs.

Here we discuss some of the ‘legal highs’ that you can get in Australia.

Khat

Khat is derived from the leaves and buds of the flowering Khat plant, which grows mainly in African and Middle Eastern countries. It is used in some Muslim, Somali and Yemeni cultures, in which users either chew the leaves and buds of the plant, or smoke, chew or drink dried product.

Khat is a stimulant drug, and short-term effects include accelerated heartbeat and breathing, high body temperature, increased sociability and reduced appetite. Some users compare the effects to coffee, in so far as it creates mild euphoria and excitement, and can even induce hyperactivity.

Khat can have unpleasant and even dangerous side effects – including constipation, dilated pupils, mental health problems, impotence and mouth sores. Long term use can lead to addiction, and users who stop suddenly can experience withdrawal symptoms including tiredness, trembling and problems functioning in everyday life.

Drug laws do not apply to khat in Victoria, New South Wales and Tasmania – but it is illegal and regulated under drug laws in Queensland, South Australia, Western Australia, the Northern Territory and the ACT.

Although the Australian government previously allowed up to 5 kilograms of khat to be imported for ‘personal use,’ the law was recently changed to prohibit importation except for medical or scientific purposes.

Kava

Kava is a depressant derived from the kava shrub. It is used in many Pacific Island cultures, including Fiji, Papua New Guinea, and Vanuatu – as well as many Indigenous communities.

Generally, the root and stump of the shrub is ground and soaked in water to produce a kind of tea, the consumption of which creates a sense of relaxation, sleepiness, reduced appetite and numbness in the mouth. Long-term effects include breathlessness, chest pains, malnutrition, skin problems and exacerbating mental health issues.

Current laws allow people to bring up to two kilograms of kava into Australia, but there are calls to prohibit importation due primarily to the drug’s impact on Aboriginal communities.

Kava has already been banned in Western Australia and the Northern Territory amidst fears that it is causing social destruction within Aboriginal communities.

In New South Wales, kava is classified as a Schedule 4 drug under the Poisons and Therapeutic Goods Act, meaning it is legal to possess with a written prescription from an authorised practitioner.

Alcohol and Tobacco

Many people do not classify alcohol and tobacco as drugs – but a staple of modern life. Yet in reality, these ‘legal drugs’ can be even more harmful than illegal ones.

A study published in 2010 found that alcohol was the most harmful drug when rated according to 16 criteria – including impairment of mental functioning, criminality, injury, mortality, dependence, economic cost, family adversity, and loss of relationships. Out of a 100-point harmfulness scale, alcohol scored 72, while heroin scored 55, and methamphetamine scored 33.

Tobacco also ranked above illegal drugs such as GHB, ketamine, LSD and ecstasy, with a score of 26, primarily due to the high mortality rate of users.

Incredibly, the least harmful drugs were those which are illegal, yet commonly used in the community. Magic mushrooms were found to be the least harmful drugs, with a score of 6, while ecstasy scored 9.

Ugur Nedim About Ugur Nedim
Ugur Nedim is an Accredited Specialist Criminal Lawyer and Principal at Sydney Criminal Lawyers®, Sydney’s Leading Firm of Criminal & Drug Defence Lawyers.

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