A University of Wollongong legal expert says the NSW government’s zero-tolerance approach to illicit drugs like MDMA at music festivals was doing more harm than good.
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Ben Mostyn, a lecturer in the school of law, advocated a harm minimisation approach – adding his voice to the growing number of individuals and organisations calling for pill testing.
While he welcomed NSW Health’s new harm reduction measures for high risk festivals this long weekend, he said more was needed to stop young people dying.
The measures, announced by NSW Health Minister Brad Hazzard on Tuesday, will see an increased medical presence at festivals and a blunt warning for audiences. Chill-out zones will also be available for people to cool down, rehydrate and check in with mates.
“The health minister’s announcement of increasing medical care at music festivals is good news and will hopefully increase the safety of young people,” Mr Mostyn said.
“However, it must be recognised that it is the heavy police presence, sniffer dogs, and the absence of pill testing that often causes young people to use drugs in a dangerous manner.
“It is not good policy to have draconian policing at the gates which forces punters to use a day’s worth of drugs pre-arrival and then medical staff inside to look after the casualties.”
Mr Mostyn said the principle of harm minimisation formed the basis of the National Drug Strategy – not zero tolerance. “The strategy shows zero tolerance is a failed drug policy,” he said.
And he said the National Drug Strategy Household Survey 2016 revealed that only 10 per cent of Australians believed MDMA possession should result in a jail term.
“The biggest problem is the fact that drug possession is still criminal and, under NSW legislation, is punishable by two years in jail. That’s out of touch with what the Australian community believes drug policy should be.
“According to the survey, 75 per cent of Australians think MDMA possession should result either in no action, referral to treatment or a fine. So basically they’re supporting a decriminalisation model.”
Decriminalising drug possession would create a space where pill testing could be viable, he said. “We wouldn’t have the legal complexities of people going to pill testing stations and openly handing over pills, which leads them open to arrest under current law.”
The number of MDMA (or ecstasy) poisoning cases in NSW over a new year period hit a four-year record in 2019; with 115 emergency department presentations in the week ending January 3.
NSW chief health officer Dr Kerry Chant said due to the nature of how these pills are illegally manufactured, there is no guarantee they are safe to consume or what levels of MDMA are in an individual tablet.
She issued a warning to festival-goers this Australia Day weekend, with high temperatures expected.
“If you or a friend is confused, dizzy, too hot, vomiting or has a fast heart rate, get to the medical tent fast. You won’t be punished for getting medical help,” Dr Chant said.
“MDMA alone can be a killer but mixing MDMA with alcohol and other drugs or taking multiple doses of MDMA, increases your risk of serious harm.
“When you take MDMA your body temperature will increase and can cause your organs to shut down. Dancing and hot weather can make this happen more quickly.”
The Australian Medical Association, Royal Australasian College of Physicians and the NSW Nurses and Midwives Association are among those in favour of pill testing.
But NSW Premier Gladys Berejiklian remains opposed to pill testing, saying there was no evidence that it saved lives, and that it would give drug users a false sense of security.