THE LAW ON DRUGS & INJECTING EQUIPMENT

Possession

• It is illegal to unlawfully possess a narcotic, opiate or prohibited substance. If these drugs are found on you, in your car or house you could be charged with possession.
• You have the right to seek legal advice before answering any questions that the police might ask you about your drug use. Possession over a particular amount will be considered supply and you will have to prove that you are not selling or supplying that drug.

Use

• Use of a drug includes injecting, swallowing, shafting, smoking or inhaling. A person can be charged if they ADMIT to using. You can also be charged if you admit to injecting someone else with a drug.

Trafficking

• It is an offence to sell, supply or traffic opiates, narcotics or prohibited substances. This can also include exchanging, offering or agreeing to sell, transporting with the intention to sell, or even offering to score on another person's behalf.
• You can also be charged with trafficking if you are found with a quantity of drugs presumed to be for supply unless you can prove otherwise.

Administering Self & Others

• It is illegal to inject yourself or another person with an illicit drug. You could be charged with an offence, under the Misuse of Drugs Act 2001 and could receive a maximum sentence of two years imprisonment.
• However, charges of self-administration are difficult to prove without an admission combined with other evidence therefore it is recommended that if questioned or arrested, you request to speak to a lawyer before saying or admitting anything.

SYRINGES AND THE LAW

It is legal to be in possession of needles and syringes (fits) both new and used. This is in accordance with the HIV/AIDS Preventative Measures Act 1993 which states that:

Clean Fits:

• Section 37 'A person who is in possession of a syringe or needle is NOT, by reason only of that possession, taken to have committed an offence under the Misuse of Drugs Act 2001 or Poisons Act 1971'

Dirty Fits:

• Section 38 states 'A person who is in possession of a substance that is contained in a syringe or needle is NOT by reason only of that possession, taken to have committed an offence under the Misuse of Drugs Act 2001 or Poisons Act 1971'.

However, there is an important legal obligation on people who possess needle or syringes to dispose of them safely (See: sharps disposal).

• Section 36 of the Act states; 'A person who is in possession of a syringe or needle must use all reasonable care and take all reasonable precaution in respect of that syringe or needle so as to avoid danger to the life, safety or health of another person'.

So it is best to place used equipment in a rigid container immediately after use.

If you admit to using a licit or illicit drug illegally it it possible that used syringes or traces of the drug can be used as supporting evidence by the police. Therefore it is highly recommended that you never carry your drugs on you when visiting the Needle & Syringe Program (NSP) outlet or when carrying or transporting you fits.