Pill testing: Is a policy of abstinence working?
In recent months, the tragic deaths of a number of young adults at music festivals throughout Australia have caused governments to grapple with what can be done to prevent further deaths from occurring. In NSW, Deputy Coroner Harriet Graham, handed down her findings on 8 November 2019 (Report). Some of the recommendations included:
That the Department of Premier and Cabinet permits and facilitates Pill Testing Australia, The Loop Australia, or another similarly qualified organisation to run front of house medically supervised pill testing/drug checking at music festivals in NSW with a pilot date starting the summer of 2019–20.
That the Department of Premier and Cabinet, working with NSW Health and NSW Police, fund the establishment of a permanent drug checking facility, similar to the Dutch model known as the Drug Information Monitoring System (DIMS).
That the Department of Premier and Cabinet, working with NSW Health, research and support the development of technology to allow for the most sophisticated and detailed drug analysis to be made available on site at music festivals.
That the Department of Premier and Cabinet, working with NSW Health, research and support the development of early warning systems at music festivals generally and arising from front of house and/or back of house drug checking.
That the Department of Premier and Cabinet, working with the NSW State Coroner, NSW Police, FASS and NSW Health, develop protocols for the open sharing of information between these agencies regarding drug trends and monitoring of drug deaths.[1]
Upon publication of the Report, the NSW government dismissed most of the recommendations, stating that ‘pill testing gives people a false sense of security’.[2] However, the government did decide to introduce drug amnesty bins, where patrons of music festivals could surrender drugs, should they wish to.[3] Ironically, the Deputy State Coroner was of the view that evidence around the effectiveness of such amnesty bins ‘was scant’.[4]
On 14 November 2019, the Pill Testing Bill 2019 (Bill) was introduced by Greens Member Ms Cate Faehrmann. The Bill sought to implement five of the main recommendations of the Report as mentioned above.
In order to implement those recommendations, the Bill proposes to introduce a licensing scheme authorising a person to conduct pill testing in respect of prohibited drugs and restricted substances without fear of being prosecuted under the Drug Misuse and Trafficking Act 1985 and Poisons and Therapeutic Goods Act 1966. The provisions enable a person to apply for a mobile pill testing licence or a fixed premises pill testing licence.[5]
Ms Faehrmann, in her second reading speech, was of the view that pill testing works and cited the pill testing trials which occurred at a music festival in the Australian Capital Territory, ‘Groovin the Moo’. Ms Faehrmann had the following to say:
‘At the second trial in April 2019, 17 samples were tested for 234 participants. There were long queues to use the pill testing service, with people waiting patiently for up to 20 minutes for the test, which takes about 10 minutes. About 35 volunteer doctors, chemists and counsellors worked on shifts during the trial to educate young people about drug use and negative effects.[6]
Seven lives may have been saved when patrons discarded their drugs after testing alerted them that their pills contained dangerous N-Ethylpentylone. MDMA was the most common substance identified, followed by cocaine, ketamine and methamphetamines. There were no deaths at the festival. Only two people were taken to the hospital for intoxication, compared to 14 people at a similar New South Wales festival in Maitland.[7]
Drug checking services have been operating for up to 20 years around the world including in Austria, Canada, France, Luxembourg, the Netherlands, Portugal, Spain, Switzerland, the United Kingdom and the United States of America. In 2018 in the United Kingdom, The Loop delivered pill testing services at 12 different music festivals. At Boomtown Fair festival, 20 per cent of people who had their drugs tested decided not to take them and 50 per cent said they would alter their behaviour because of the results. The festival recorded a 25 per cent reduction in drug-related medical incidents.[8]
In 2015 in the Netherlands, a red pill bearing the Superman logo sold as ecstasy prompted a red alert after the pills were found to contain a high dose of the deadly substance PMMA. PMMA gives the illusion of a low-dose MDMA trip, but the pills could be fatal, leading to overheating, as well as heart, liver and kidney failure. Thanks to the Netherlands Drug Information and Monitoring System, thanks to a pill testing facility in that country, a public alert was televised that this pill could kill. This pill pretty much vanished from the Dutch market as a result and no lives were lost. However, despite British authorities being aware of these pills, no such alert was made in the United Kingdom. Five days after the Dutch health alert, four people died in Britain from overdoses associated with the pill.’[9]
The Legislative Review Committee which frequently reviews bills before they are voted on, had some concerns with the Bill, including that the Bill enabled a broad delegation of administrative powers and that, with respect to the licences, there was no requirement to give reasons for decisions and non-reviewable decisions. It also raised concerns that pill testing licensees were required to keep certain records and provide certain results to the government, which may impact upon personal rights and liberties.[10]
The Bill is yet to be passed in the Legislative Council where it was initially introduced as a private member’s public bill. If it passes there, it will then move onto the Legislative Assembly for debate. There is a long road ahead for the Bill to become an Act of Parliament. Regardless of the outcome, it is clear that the topic will be firmly on the agenda for the public, and parliament, for some time to come.
Disclaimer:
The information above is intended as general information only and should not be relied on. You should discuss your individual situation with a lawyer.
[1] Inquest in the deaths of six patrons of NSW music festivals – State Coroner’s Court of New South Wales – Deputy State Coroner Grahame – 8 November 2019, p 135-140.
[2] “NSW premier dismissed coroner’s call for pill testing before report is publicly released” – The Guardian – 16 October 2019.
[3] “NSW Government to introduce drug Amnesty bins ahead of summer music festivals” – ABC News – 11 December 2019.
[4] Inquest in the deaths of six patrons of NSW music festivals – State Coroner’s Court of New South Wales – Deputy State Coroner Grahame – 8 November 2019, p 121.
[5] Pill Testing Bill 2019 [NSW], Part 2.
[6] Cate Faehrmann, Second Reading Speech Legislative Council – 14 November 2019.
[7] Cate Faehrmann, Second Reading Speech Legislative Council – 14 November 2019.
[8] Cate Faehrmann, Second Reading Speech Legislative Council – 14 November 2019.
[9] Cate Faehrmann, Second Reading Speech Legislative Council – 14 November 2019.
[10] Legislative Review Committee – Legislation Review Digest – No. 9/57 – 19 November 2019