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"Pill testing is a harm reduction service that analyses the contents of drugs to help you avoid the unknown and potentially dangerous substances in illicit drugs." - https://www.health.act.gov.au/about-our-health-system/population-health/pill-testing

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Pill testing can help young people make better decisions at events particularly festivals and concerts. As this is a recent issue at the moment, it could save thousands of event attendees from the harm of unknown and dangerous drugs by testing pills that enter the premises.

This topic is very relevant to young audiences as they are the main group of people who attend festivals and concerts currently. It is extremely important that this audience is informed of these issues as taking one pill, could be a life or death decision they could run into at any time. This movement has been found to reduce the number of drugs consumed by individuals and it reduces the variety of drugs consumed in a session, these are both risk factors that contribute to overdose or death.

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The success of pill testing at festivals

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The success of pill testing at festivals

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Australia first pill testing at GTM Canberra a success

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Pill testing & it's contact with the law

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Pill testing & it's contact with the law

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There are many people involved in this overall topic, not just the legal cases that relate including;

young persons who attend the festivals and other events who are at risk of being exposed to drugs,

those who have the drugs in their possession and handle them with others,

the people who test for drugs at the events,

the families and friends of those who suffer bad consequences after taking the pills.

Hypothetically, if a case that involved the topic of pill testing at festivals went to court, the accused could be the person who supplied the drugs or someone who did not test correctly. A witness could be one of the event organisers who saw the handling of drugs take place and a victim could be the family or friends of someone who took the drug and was seriously affected.

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What kind of law does this topic engage with?

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What kind of law does this topic engage with?

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In some areas of pill testing at events it does engage in criminal law.

“It is against the law to possess, use, make, import or sell illegal drugs. Possession of drug-using equipment (e.g. a cannabis bong or pipe) is also against the law in most states and territories. If illegal drugs are found in a person’s locker, home, car, etc., they will be charged, unless they can prove that the drugs do not belong to them.”

If drug possession is present, the pill testing group who is operating within the medical precinct will never arrest you but only aware you of their concerns of your safety if you consume the drugs. Although even with patient confidentiality, any law enforcement agencies at the event can arrest you as they would in usual situations later on if it is found you have drugs under possession.

Those who test for the drugs are not breaking the law, all handling and testing is done by professional and licensed analytical chemists.  The Courts and Legal Services of the NSW Police Service advised that those conducting pill testing in the manner that pill testing organisations do are in all likelihood pf not breaking any laws and would be very difficult to prosecute.

If someone is accused of having possession of the drugs, actus reus and mens rea is discussed. They are not criminally liable unless there is proof of both a guilty act and in most cases a guilty state of mind. The burden of proof means the burden of proving the defendant's guilt is on the prosecution and they must establish that fact beyond a reasonable doubt. A person charged of offence is presumed innocent unless they are found guilty according to the law but if you are accused of supplying drugs, you are presumed to have supplied meaning the burden of proof is changed. This means the person charged has the burden of proving they did not supply or have the intent to supply.

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What are your rights and responsibilities in this situation?

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What are your rights and responsibilities in this situation?

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Many ask if police on site of the event will target pill testing areas but those who enter have a right of confidentiality. As it is in the medical precinct and of medical intervention, there is anonymity and confidentiality, no one will know if you are entering for general medical help or pill testing.

Individuals who test the drugs are responsible to follow guidelines of testing. They must be professional, licensed analytical chemists with an expertise in handling and processing illicit products. They should never consume a drug or deliberately give false results.

The pill testing organisations are responsible to have reliable equipment for testing. A proper pill test can take up to 24 hours so the accuracy of a test at an event can be unreliable. Also, the kits used for testing are unable to pick up any new substances.

Whilst pill testing organisations have a responsibility to give accurate and fast results to provide event attendees, a festival goer has a personal responsibility to make a choice to consume the pill. There are ethical and legal issues surrounding the topic like;

Who is responsible if someone takes a pill and becomes sick or dies because the test result was clear? Who do the families seek for compensation, the government, event organisers or pill testing group?

The burden of proof means the burden of proving the defendant's guilt is on the prosecution and they must establish that fact beyond a reasonable doubt. A person charged of offence is presumed innocent unless they are found guilty according to the law but if you are accused of supplying drugs, you are presumed to have supplied meaning the burden of proof is changed. This means the person charged has the burden of proving they did not supply or have the intent to supply.

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What are the punishments and resolutions for drug offences?

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What are the punishments and resolutions for drug offences?

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Even if you help take part in a drug offence you can be charged for being involved. You could be charged for;

Taking part in an offence without making a profit.

Being an accessory to an offence without directly dealing or handling the drugs

Aiding and abetting or inciting an offence, if you encourage someone to be involved in a drug offence

Conspiracy to commit, or attempting to commit an offence if you intend to, or plan, or make preparations, or try to commit an offence.

Drug possession -

It is an offence to possess an illicit drug or prohibited plant unless it has been lawfully prescribed or supplied.

Possession for the purpose of supply and not yourself is much more a serious offence if proven.

Penalties include a maximum of $2200 or 2 years in prison. Although, if you are found with larger amounts of drugs you will be considered possessing it for the purpose of supply and face higher penalties.

Drug supply -

It is an offence to supply a prohibited drug without lawful authority.

Supplying can include the following actions; offering or agreeing to supply - even if the final deal does not take place, supplying a legal substance that you claim is a prohibited drug, pooling money and splitting up purchased drugs between the group of buyers or having drugs in your possession for the purpose of supply.

The penalty for supplying prohibited drugs depends on the type and quantity. Supplying to minors under 18 also has tougher penalties. A fine and/or imprisonment is the punishment.