The Law and Drug Use

Most of the time, when people face drugs-related charges, they relate to drug possession and supply offences. This is because these are easier for police to prove. However, there is a separate offence that you can be charged with, which is known as “self administration”. This can be difficult for police to prove unless you admit to consuming an illicit substance.

Self administration

Using an illegal or illicit drug is a criminal offence and is known as self-administration. The police must prove that the substance you consumed was a prohibited drug, which can be difficult as the drug has already been consumed. Blood tests can only be taken by a doctor after your arrest. So for most charges of self administration to stick police must rely on people admitting to self administration.

It is also an offence to administer drugs to someone else, for example by injecting them..

Injecting equipment

It is not illegal to carry sterile injecting equipment. However, it is illegal to pass it on to someone else. Police are not meant to stop people from using needle and syringe programs to acquire sterile equipment, but be mindful about what else you may be carrying on your person when carrying sterile injecting equipment in case the police stop you.

It is also not illegal to carry used injecting equipment. The police may seek to use this to prove a charge of self administration, however it is very difficult to prove unless you admit to using the equipment to consume an illicit substance. If you are stopped by police while carrying used injecting equipment, you can inform them that you are intending to return them to needle exchange or pharmacy for safe disposal.

If you are stopped, searched or questioned by police, the best thing to do is remain calm and polite. You are entitled to ask the police officer for their name, rank and place of duty, and to ask them to explain the nature of any offence they suspect you of committing. If you feel they have targeted you unfairly then you have the right to make a complaint.