What Happens If You’re Caught With Drugs at a Festival in NSW?

If you’re caught with drugs at a music festival in NSW the outcome will depend on factors such as the type and quantity of drugs, your criminal history, and the discretion of the police officer involved. Here’s what you can generally expect if you’re caught in possession of drugs at a festival in NSW.

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Cannabis Caution

In NSW, if you’re caught with a small amount of cannabis (less than 15 grams), you may be issued a cannabis caution instead of facing formal charges. This caution does not result in a criminal record, and you won’t be fined. However, a record will be kept of the caution, though this typically does not need to be declared for jobs or overseas travel. To be eligible for a cannabis caution:

You must admit to possessing cannabis.
You cannot have prior convictions related to sexual, violent, or drug offences.
You are eligible for two cautions. After the second caution, no further cautions will be issued.

On-the-Spot Fines

As of 2019, NSW police have the authority to issue $400 on-the-spot fines for possessing a small quantity of drugs at festivals. While this fine will be recorded, it will not result in a criminal record if the fine is paid.

Conditions for Receiving an On-the-Spot Fine:

Small quantity of drugs (defined by the Drug Misuse and Trafficking Act 1985).
Festival settings: These fines are typically only issued at festivals. If you’re caught with drugs elsewhere you will not be given an on-the-spot fine.

The law sets specific amounts for what is considered a “small quantity” of each drug.

Heroin, methamphetamine, or speed: 1g
MDMA: 0.25g (capsules)
LSD: 0.0008g (a single tab)
Cannabis: Not eligible for on-the-spot fines but covered by the cannabis caution system.

Potential Legal Consequences

If you’re caught with drugs and don’t qualify for a cannabis caution or on-the-spot fine, you may be charged and will be required to attend court.

The maximum penalty for possessing a small quantity of drugs is up to 2 years imprisonment and/or a fine of up to $2,200.
You may be given a conditional release order (without conviction). This means you won’t receive a criminal record but may be required to attend drug and alcohol treatment or comply with other conditions.

Prescription Medicine

Certain prescription medications, like Valium (diazepam), are handled under the Poisons and Therapeutic Goods Act 1966. Possessing prescription medication without a prescription can lead to serious penalties.

Penalties for Possession of Prescription Drugs:

The maximum penalty for possessing prescription drugs like Valium without a prescription is up to 6 months imprisonment and/or a fine of up to $2,200.

Immediate Actions to Take if Detained

If you are caught with drugs at a music festival in NSW, it is important to know your rights.

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You have the right to remain silent. Do not provide more information to the police than you are required.
You have the right to a lawyer and have them present. Once you are arrested, make sure to ask for a lawyer to be present during your questioning to ensure you don’t say anything that you shouldn’t and that you are not self-criminating.

How we can help

Navigating the court process can be overwhelming, but understanding each step and the potential benefits of a plea deal can help you make more informed decisions. Make sure to contact Oxford Lawyers so we can evaluate the evidence, where our team of experienced Drug Lawyers in Parramatta will evaluate the evidence, your options, and the best strategy for your case. Whether you’re considering pleading guilty or going to trial, knowing what to expect will help you feel more prepared as you move through the legal system.