Criminal Law - Drugs: The Pitfall of Pills: Part 1

Called; ecstasy, e, ecce, disco biscuits or 3, 4 methyledioxymethylamphetamine (MDMA), MDMA is an increasingly popular party drug. Putting aside any health issues with drug use, one frequently overlooked consideration is that it is illegal in New South Wales. The use sale and supply of MDMA are all criminal offences in New South Wales which could lead to imprisonment.

Use

The use of MDMA is an offence. Thanks partly to the rigors of our legal system and difficulties with proving such an offence, people are not routinely hauled off the dance floor and charged. In some jurisdictions, notably some of our near Asian neighbours, the local constabulary are more robust and have been known to detain persons exhibiting the signs of drug use and forcibly drug test 'ecstatic' punters.

If a person is going to be charged with a use offence it is more likely that the person has denounced him or herself. A right to silence exists and no person is obliged to make a statement or talk to police if he or she does not want to. If a person is not charged, then that person can leave the police station and is not obliged to remain and assist the police in their investigations. Things said to hospital staff could theoretically be used against an individual although there would be a string argument that such material should not be used to ground prosecution as it is against public policy for doctor/patient confidentiality to be breached in such a manner. Accordingly, talk to your doctor about your drug use if you have to.

The offence of self administering a prohibited drug carries a maximum penalty of 2 years imprisonment.

Possession

Possessing a quantity of a prohibited drug is a criminal offence and the seriousness of the offence depends principally on the amount of the substance possessed. Possession is a legal concept and generally means exclusive possession. If it is in your pocket you possess it. If it is in the living room of a share house you probably do not. If your fingerprints are all over the container in which the drug is found, this is unhelpful.

Drug law in New South Wales places great emphasis on the amount of the drug possessed. Put simply, the more you have on you the more serious the offence. Buying in bulk is not such a great idea and even if you are just getting a few pills for a friend, in the eyes of the law you are a dealer and guilty of the offence of supply prohibited drug. Possession of 5 or so pills can result in a person being deemed a supplier and committing an offence that can result in a term of imprisonment. It is simply wrong to assume that the penalties for possession are slight and that it is only our neighbours to the north that have harsh drug laws.