Attending music festivals, concerts and large public events is a common part of life in Western Australia. However, these environments are often heavily policed, with increased use of drug detection dogs and random searches.
If you are found in possession of drugs at such an event, you may face serious criminal charges, even for a small amount intended for personal use.
Understanding your legal rights is crucial in these high-pressure situations. This article will explain those rights – exploring how drug laws apply at festivals, what police are allowed to do and what steps you should take if you are charged with drug possession.
Can Police Search You at a Festival?
Under the Misuse of Drugs Act 1981 (WA) and the Criminal Investigation Act 2006 (WA), police have broad powers to stop and search individuals at public events, particularly if they suspect you are in possession of a prohibited drug.
At music festivals, police can establish a declared area or conduct operations using drug detection dogs. If a drug dog gives a positive indication, this may be enough for police to conduct a reasonable suspicion search.
You are not legally required to consent to a search, but physically resisting or refusing may result in additional charges such as obstructing police.
What Happens If You’re Caught With Drugs?
If you are caught with weed (cannabis), pills (MDMA) or any other prohibited drug, you may be charged with a possession offence. This can happen even if it is a small amount.
The type and quantity of drug will determine the seriousness of the charge:
Simple possession: Involves small amounts intended for personal use.
Possession with intent to sell or supply: Involves quantities exceeding a certain threshold or if other indicators of supply are present.
Possession of drug paraphernalia: Can result in additional penalties.
Any drug conviction carries serious consequences, whether it be fines, imprisonment or the effects of a criminal record. It is important to contact a defence lawyer early to ensure you understand the charges against you and the penalties you might face.
Are There Any Defences Available For Drug Possession?
Several legal defences may apply to drug possession charges, depending on the circumstances of your arrest:
Lack of knowledge: You were unaware the drugs were in your possession.
Unlawful search: If police conducted a search without reasonable suspicion or outside legal parameters.
Constructive possession: The drugs were not on you personally but found nearby.
Each and every case is unique and it is critical to seek tailored legal advice as soon as possible. A criminal lawyer at Chambers Legal can assess the strength of the charges against you and determine any available defences.
Do You Have to Speak to Police?
If police question you about drug possession, you are only required to provide your name, address and date of birth. Beyond that, you have the right to remain silent and to speak with a lawyer before answering any further questions.
You can politely decline to be interviewed and respond with “no comment” to other questions. Exercising your right to silence cannot be used as evidence of guilt in court.
What Are Your Rights If Arrested?
If you are arrested at a festival or public event, you have the right to:
Be informed of the reason for your arrest
Contact a criminal defence lawyer
Be treated fairly and not subjected to unlawful searches or detainment
In most possession cases, you will be released on bail. It is important not to panic or make statements that may harm your case. Instead, seek legal advice as soon as possible.
How Can a Lawyer Help?
Being charged with drug possession at a festival does not automatically result in a conviction. An experienced criminal defence lawyer can:
Assess the legality of the police search and arrest
Advocate for withdrawal or downgrade of charges where appropriate
Present defences such as lack of knowledge or unlawful search
Guide you through the court process and protect your rights
Chambers Legal: Drug Possession Lawyers in Perth
Whether it’s weed/marijuana charges or another drug possession offence, consequences can be serious in WA. Nonetheless, there may be options available to you
At Chambers Legal, we understand how stressful these situations can be and align our work with values of transparency and integrity. Always provided in writing, our advice is tailored to your circumstances and paired with proper cost notice.
For professional advice from a Perth-based drug lawyer, contact Chambers Legal on (08) 9500 8915 or at [email protected].
You can also book a free 15-minute phone consultation through our website