Drugs and music festivals
The Government may turn the other cheek to recommendations, but the police won’t if you’re found to be in possession of an illicit substance.
The New South Wales Government has recently introduced drug amnesty bins in an attempt to prevent drug related deaths at music festivals each summer. These bins allow festivalgoers to dispose of illicit drugs prior to entering a festival on a ‘no questions asked’ basis.
While there hasn’t been enough time to assess the effectiveness of these bins, the implementation has come in spite of other recommendations, like pill testing, not being initiated.
Regardless of whether amnesty bins will have any positive effect, drugs use at music festivals will continue to be a recurring theme of the live music scene.
If you attend festivals, you should be aware of what the police can do and what legal implications there are if you are found in possession of a prohibited substance.
What can the police do?
Police powers are primarily contained within the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW). This Act provides the police with substantial powers including the ability to stop and search individuals if:
The police “reasonably suspect” you to be in possession of a prohibited item (such as drugs);
They have a search warrant;
You are under arrest or in custody.
Learn more about what “reasonable grounds” are.
Most problematic for festival attendees is the ability of police to search those who they reasonably suspect are in possession of a prohibited drug. Whilst sniffer dogs maybe the most well-known way that police justify a search, other ways may include:
Sighting the drug;
Noticing a person acting nervously or suspiciously; or
Witnessing a person withdrawing or being in possession of a large amount of cash.
If a police officer approaches you and informs you that they wish to undertake a search, they must provide evidence that they are a police officer, provide their name, their place of duty and tell you the reason for the search. Regardless of your thoughts of the officer’s reasoning, you must comply with the search otherwise you may be guilty of an offence, even if you don’t agree to be searched.
If the officer does not suspect you to be in possession of a drug, they will let you pass unless they believe it necessary to conduct a strip search. A police officer may conduct a strip search if:
The strip search is necessary for the purposes of a search; and
The urgency of the circumstances makes the strip search necessary.
If a strip search is to be conducted, as practically as can be, the following must be complied with:
The strip search must be conducted in a private area;
The strip search must not be conducted in the presence or view of a person who is of the opposite sex to the person being searched; and
The strip search must not be conducted in the presence or view of a person whose presence is not necessary for the purposes of the search.
What if I am found to be in possession of a prohibited drug?
Whether by general search or by a strip search, if you have drugs in your possession, what the police do will depend on how much you have. Schedule 1 of the Drug Misuse and Trafficking Act 1985 (NSW) sets out each category of possession for each substance. Regardless of the quantity, police will take your details and seize the substance from you and most likely tell you to leave the event.
If you are found with a “small quantity” of drugs, police have the discretion to issue a $400 on-the-spot fine. A record of this will be kept, but you will not get a criminal record if you pay the fine. If you’re caught with a small amount of cannabis (less than 15g), the officer also has the discretion to issue you with a cannabis caution. Receiving a cannabis caution will not give you a criminal record nor will you have to pay a fine. But, a record will be kept that you received a caution.
The police officer also has the discretion to charge you with an offence even if the amount of drug is a small quantity. If this occurs, you will receive a Court Attendance Notice which sets out the date and Court location that you have to go to. The matter will be heard in the Local Court and the offence carries a maximum penalty of a fine of $2,200 and/or imprisonment for 2 years.
If you are found to be in possession of drugs over a small quantity you will almost certainly have to go to Court. Read more about the things to think about if you are charged with a drug possession offence.
Want to know more from our team of trustworthy criminal lawyers? Or have you already been charged by police and need to go to court? Give us a call on 0457 781 133 to have a chat about your matter.
