Know Your Rights: Drug Possession at Music Festivals

As the summer festival season approaches, music lovers across Australia are gearing up for some big music events! Festivals like No One But Us in Melbourne, Sugar Mountain & Boiler Room Festival, and Wildlands Festival in Brisbane are just some of the exciting events happening. So, we’ve put together this handy legal guide for festival-goers in Victoria and Queensland so you can stay safe and feel protected. 

With the excitement of summer festivals comes a heightened police presence and an increase in drug detection operations. Therefore, it’s crucial for festival-goers to understand their legal rights and responsibilities to ensure a safe and enjoyable experience.

Mixed Messages: Pill Testing Trials vs Police Presence

The landscape of drug policy and harm reduction at Australian music festivals has been evolving rapidly. In a significant development, Victoria recently announced its first pill testing trial at the Beyond The Valley music festival, set to take place over the new year. This initiative, which will serve an estimated 35,000 attendees, marks a major shift in the state’s approach to drug-related harm reduction at music events. 

Recent statistics from the National Coronial Information System paint a sobering picture, revealing at least 64 deaths at Australian music festivals between July 2000 and December 2019. Most of these fatalities involved young males in their mid-20s, with MDMA being the most commonly detected substance. 

Queensland has been leading the charge in harm reduction, becoming the first state to trial pill testing at the Rabbit Eats Lettuce festival over the Easter long weekend in 2024. Victoria has followed suit, passing dedicated legislation to support pill testing and implementing a $95 million action plan to reduce opiate drug deaths and harm. 

Police Powers and Your Rights During Searches

When Can Police Search You?

Police in both Victoria and Queensland have the power to search individuals if they have “reasonable suspicion” that the person is carrying illegal drugs. However, it’s important to note that simply attending a music festival is not sufficient grounds for reasonable suspicion.

Police can conduct a search without a warrant under certain circumstances, including:

• Suspicion of possession of prohibited drugs,
• Suspicion of possession of stolen goods,
• Suspicion of possession of a dangerous weapon.

Types of Searches and Your Rights

There are different types of searches that police may conduct, these include:

1. Pat-down search: This is a quick search of your outer clothing.
2. Strip search: A more invasive search that requires you to remove clothing.

During any search, you have the right to:

• Ask for the officer’s name, station, and reason for the search.
• Request a support person or lawyer (although the search may proceed without them).
• Ask for a private area for the search.
• Request an officer of the same gender to conduct the search. 

Police Sniffer Dog Procedures

Drug detection dogs are commonly used at festival entrances. If a dog sits in front of you, police may use this as grounds for a search. However, legal precedents have questioned whether this alone constitutes sufficient “reasonable suspicion”. If this occurs, you should comply with the search but clearly state that you do not consent. This preserves your options to challenge the search as potentially unlawful later.

Victoria-Specific Information

Victoria’s approach to festival safety has seen significant changes recently. The state has implemented dedicated pill testing legislation, becoming the first jurisdiction in Australia with such comprehensive laws. At festivals like Beyond The Valley, attendees will have access to on-site drug checking facilities, providing crucial information about substance composition and potential risks.

Queensland-Specific Information

Queensland’s progressive approach to festival safety began with the groundbreaking pill testing trial at Rabbit Eats Lettuce in 2024. The state has developed comprehensive guidelines for music festival operations, focusing on both harm reduction and safety measures.

What to Do If Approached by Police

If approached by police at a festival:

1. Stay calm and cooperative.
2. Remember your right to silence. You don’t have to answer questions about drug possession.
3. You can film your interaction with police, but inform them if you do so.
4. Ask for the officer’s name and badge number.
5. You can refuse a search, but police may still proceed if they have reasonable suspicion.

Legal Consequences

It is also important to note that the legal consequences of drug possession at festivals can vary significantly based on quantity and circumstances. For example:

• Possession of a small quantity of MDMA (0.25g-0.75g) can result in an on-the-spot fine.
• Possession of a trafficable quantity (0.75g or more) can lead to serious charges with potential imprisonment. 

Recent legal cases have shown that courts consider various factors when determining penalties, such as:

• Any prior offences on your record, 
• The quantity possessed.

Getting Legal Help

If you’re charged with a drug offence at a festival, the severity of the charge will determine your best course of action:

For minor possession charges:

• Legal aid services and community legal centres can provide advice and representation
• Contact Victoria Legal Aid (1300 792 387) or LegalAid Queensland (1300 65 11 88)

For more serious charges, including trafficable quantities:

• It’s crucial to engage an experienced criminal defence lawyer
• These cases can have serious long-term consequences and require specialised expertise
• Kingsford Lawyers’ team of experienced criminal lawyers in Melbourne and the Gold Coast specialise in complex drug matters and can provide the strategic defence these cases require

Harm Reduction Information

According to recent research, festivals often provide essential harm reduction services, including:

• On-site medical services
• Free drinking water
• Shaded areas and chill-out spaces
• Messaging about reducing harm from alcohol and drug use

In case of a medical emergency, seek help immediately. Many festivals have amnesty policies to encourage people to seek medical attention without fear of legal repercussions.

Key Emergency Contacts

• Victoria Legal Aid: 1300 792 387
• LegalAid Queensland: 1300 65 11 88
• Alcohol and Drug Foundation Helpline: 1300 85 85 84
• Beyond Blue: 1300 22 4636

Remember, the safest approach to drug use is abstinence. However, if you choose to use substances, being informed about your rights and the available support services can help ensure a safer festival experience. Always prioritise your health and safety, and don’t hesitate to seek help if needed.