Drugs & music festivals: Frequently asked questions

“It’s not like I use it every day…but every festival that I go to, yeah.”

As defence solicitors, we hear these words often. Whilst there is no replacement for tailored legal advice, in this blog we aim to address some of the frequently asked questions about drug use at festivals.

 

Will I get a criminal conviction for a drug possession charge?

As with any drug offence in NSW, there is always the possibility for an offender to receive a non-conviction penalty however the vast majority of offenders receive a criminal conviction.

For instance, from September 2018 to December 2018, approximately 3,000 people had their cases dealt with in the Local Court for Possession of a Prohibited Drug. Out of those, less than 30% received non-convictions under Section 10 of the Crimes (Sentencing Procedure) Act.

 

Should I fill out that yellow infringement notice the cops gave me?

“The cops told me I could just fill out the form instead of going to court and I’ll get a section 10.”

Again, these are words that defence solicitors hear often. Whilst you do have the option of completing the written notice instead of attending court, we advise against this. By completing the written notice, you are essentially guaranteeing a criminal conviction as it means your case would most likely be dealt with in your absence and therefore you would have lost the opportunity to advocate for a penalty which does not carry a criminal conviction.

To this end, there is a reason why the written notice of pleading includes the following information: “You should get legal advice about this form before you fill it in. Legal advice is important because you need to know if you can use this form and, if so, what effect it has.”

 

Can a drug possession charge be defended?

Yes.

In order to secure a conviction, the Prosecution must establish each of the following elements beyond a reasonable doubt:

You had possession of a prohibited drug, which means,

1. You knew of the existence of the drug in your physical custody or control; and
2. You knew the drug was illegal.

The key to effectively defending a drug possession or supply charge is to know all of the options available to you. Our defence lawyers assist you in understanding your unique situation and outline the options for forming the strongest possible defence.

 

What is the difference between drug possession and drug supply?

Implicit in its name, drug supply includes the selling and distribution of illicit drugs. However, supply can also include agreeing to supply, offering to supply, and keeping or having in possession drugs for supply (i.e. deemed supply). Supply essentially means you did not have possession of the drug for your own personal use.

Even if no supply has actually taken place, a person can still be found guilty of taking part in drug supply provided that a supply was in contemplation.

Possession of a prohibited drug means that you possessed the drug for your own personal use.

 

What is the penalty for drug possession?

The offence of “Possess prohibited drug” falls under section 10 of the Drug Misuse & Trafficking Act 1985 (NSW) and it carries a maximum penalty of two years imprisonment and / or a fine of up to $2,200.

 

What is the penalty for drug supply?

The offence of “Supply prohibited drugs” falls under section 25 of the Drug Misuse & Trafficking Act 1985 (NSW) and the maximum penalty depends on the type and quantity of drug.

The maximum penalties for the most common illicit drugs are as follows:

 

Cannabis Leaf
Small	Traffickable	Indictable	Commercial	Large commercial
30g	300g	1kg	25kg	100kg
2yrs imprisonment Fine: $5,500	15yrs imprisonment Fine: $22,000	15yrs imprisonment Fine: $22,000	20yrs imprisonment SNPP: 10y Fine: $385,000	Life imprisonment SNPP: 15 yr Fine: $550,000

 

Cocaine
Small	Traffickable	Indictable	Commercial	Large commercial
1.0g	3.0g	5.0g	250.0g	1.0kg
2yrs imprisonment Fine: $5,500	15yrs imprisonment Fine: $22,000	15yrs imprisonment Fine: $22,000	20yrs imprisonment SNPP: 10y Fine: $385,000	Life imprisonment SNPP: 15 yr Fine: $550,000

 

Gamma-Butyrolactone aka GBL
Small	Traffickable	Indictable	Commercial	Large commercial
30g	300g	1kg	25kg	100kg
2yrs imprisonment Fine: $5,500	15yrs imprisonment Fine: $22,000	15yrs imprisonment Fine: $22,000	20yrs imprisonment SNPP: 10y Fine: $385,000	Life imprisonment SNPP: 15 yr Fine: $550,000

 

Heroin
Small	Traffickable	Indictable	Commercial	Large commercial
1g	3g	5g	250g	1kg
2yrs imprisonment Fine: $5,500	15yrs imprisonment Fine: $22,000	15yrs imprisonment Fine: $22,000	20yrs imprisonment SNPP: 10y Fine: $385,000	Life imprisonment SNPP: 15 yr Fine: $550,000

 

Ketamine
Small	Traffickable	Indictable	Commercial	Large commercial
2.5g	7.5g	12.5g	1.25g	5kg
2yrs imprisonment Fine: $5,500	15yrs imprisonment Fine: $22,000	15yrs imprisonment Fine: $22,000	20yrs imprisonment SNPP: 10y Fine: $385,000	Life imprisonment SNPP: 15 yr Fine: $550,000

 

Methylamphetamine aka Ice aka Speed
Small	Traffickable	Indictable	Commercial	Large commercial
1g	3g	5g	250g	500g
2yrs imprisonment Fine: $5,500	15yrs imprisonment Fine: $22,000	15yrs imprisonment Fine: $22,000	20yrs imprisonment SNPP: 10y Fine: $385,000	Life imprisonment SNPP: 15 yr Fine: $550,000

 

3, 4 – Methylenedioxymethylamphetamine (MDMA)
Small	Traffickable	Indictable	Commercial	Large commercial
0.25g	0.75g	1.25g	0.125kg	0.5kg
2yrs imprisonment Fine: $5,500	15yrs imprisonment Fine: $22,000	15yrs imprisonment Fine: $22,000	20yrs imprisonment SNPP: 10y Fine: $385,000	Life imprisonment SNPP: 15 yr Fine: $550,000

 

Psilocin aka Magic Mushrooms
Small	Traffickable	Indictable	Commercial	Large commercial
0.04g	0.15g	0.25g	25g	100g
2yrs imprisonment Fine: $5,500	15yrs imprisonment Fine: $22,000	15yrs imprisonment Fine: $22,000	20yrs imprisonment SNPP: 10y Fine: $385,000	Life imprisonment SNPP: 15 yr Fine: $550,000

 

Things to remember:

1. No one is immune from overdoses.
2. Drug abuse can wreak havoc on many of the body’s organs.
3. Festivals have “chill out zones” staffed by medical professionals with free water. No questions asked. Link: https://www.smh.com.au/national/nsw/experts-divided-over-on-the-spot-drug-possession-fines-at-music-festivals-20190121-p50smv.html
4. You have the right to silence, use it.
5. Always be respectful and cooperative with the police. In many cases, we can negotiate the facts and charges with the police however, this is at the discretion of the police and the views of the Officer in Charge would need to be taken into account.

Nyman Gibson Miralis provides expert advice and representation in cases involving charges of drug supply and possession.

Contact us if you require assistance.