While much of the recent debate about drugs has centred on pill testing of ecstasy, ice continues to be a growing problem in the Australian community.
A new inquiry into the use and impact of the drug ice began in NSW in March, prompted by the surge of ice-related hospitalisations, police reports and the deaths at the Defqon.1 music festival last year.
The Special Commission of Inquiry will investigate the following issues:
- The nature, prevalence and impact of crystal methamphetamine (‘ice’) and other illicit amphetamine type stimulants (‘ATS’);
- The adequacy of existing measures to target ice and illicit ATS in NSW; and
- The options to strengthen NSW’s response to ice and illicit ATS, including law enforcement, education, treatment and rehabilitation responses.
What is ice and why has it become the drug of choice for many users?
- Ice is crystal methamphetamine, the purest form of methamphetamine. It’s usually smoked or injected
- Ice is a stimulant drug, which means it speeds up the messages travelling between the brain and the body. It’s stronger, more addictive and therefore has more harmful side effects than the powder form of methamphetamine known as speed
- Using ice produces the most intense high but it also results in the most intense comedown
- Ice has the highest potential for dependence and physical and mental problems compared to other drugs
- It’s relatively readily available and the street value varies like all drugs. The price for a street ‘deal’ or ‘point’ (0.1g) of ice is reported to be around $50 which is more than the other drug that’s received plenty of public attention recently, MDMA (ecstasy), which can be bought for around $20 a cap.
The Alcohol and Drug Foundation has more facts about ice here.
What have governments done about ice use before?
The NSW inquiry is not the first time governments have investigated the escalation of ice use in Australia.
The NSW inquiry will investigate whether the existing measures to tackle ice are ‘aggravating the problem.’
The National Drug Strategy (NDS) began to look at the impacts of illicit drug use in Australia in 1985.
A report into the supply and use of ice was tabled in the Victorian parliament in 2014.
In March 2015, the NSW government announced a package of ice reforms. The reforms resulted in:
- funding for four new treatment clinics;
- triple the number of roadside drug tests;
- changes to drug laws to halve the threshold for trafficking “large commercial quantities” of crystal methamphetamine; and
- the requirement for mandatory recording of the sales of pseudoephedrine at pharmacies (pseudoephedrine is a pre-cursor for ice manufacture and is commonly found in cold and flu medication)
In October 2015, the National Ice Taskforce (NIT) established by the federal government delivered its report containing 38 recommendations to governments about the impacts of ice and developed the National Ice Action Strategy (NIAS) to combat the supply and use of ice.
A Commonwealth parliamentary committee delivered a further report about ice in March 2018 including 15 recommendations.
How bad is the ice problem in Australia?
Despite the political spotlight, the ice epidemic in Australia shows no sign of abating.
Many of the shocking statistics are included in an issues paper published by the Special Commission of Inquiry.
Here are just a few of them:
- 9, 847 kilograms of methamphetamine was consumed in the 12 months before August 2018 – an increase of 17.2% on the previous year[1]
- Between 2013-2016 the number of injecting ice users in Australia doubled from 9.4% to 19.2%[2]
- Methamphetamine related deaths doubled between 2009-2017 (only those reported by coroner, does not include suicide etc)[3]
- 70% of all ice seized in Australia originates from China[4]
- Higher use of the drug in regional NSW than in Sydney[5]
What are the penalties for possession and supply of ice in NSW?
The possession, supply or manufacture of prohibited drugs in NSW are criminal offences. However, the government is trialling the issue of infringement or penalty notices for people found with smaller amounts of illicit drugs rather than police charges for a criminal offence, following the debate over drug use at music festivals.
For methylamphetamines including ice the maximum penalties are:
Possession
– more than 1 gram but less than 3 grams – $2,200 fine or 2 years imprisonment or both
In almost 28% of cases where the principal offence was possessing a prohibited drug, the NSW Local Court did not convict the offender and either dismissed the charge or conditionally discharged the offender (section 10).For defendants with no prior records, the equivalent figure rises to 66.7%.
Supply
– includes sell and distribute, agreeing to supply, offering to supply, keeping or having in possession for supply, sending, forwarding, delivering or receiving for supply, or authorising, directing, causing, suffering, permitting or attempting any of those acts or things.
A person in possession of more than 3 grams is deemed to in possession of the drug for the purpose of supply. The onus is on the accused to prove that the drugs were not being held for the purpose of supply.
The penalties will depend on whether your offending is dealt with in the Local Court or the District Court.
The maximum penalties range from $5,500 fine or 2 years imprisonment or both to $220,000 fine or 15 years imprisonment or both (up to 250g).
As well as the option of a fine or imprisonment, courts can also consider the following penalties:
- Intensive Corrections Orders
- Community Corrections Orders
- Conditional Release Orders
- Conviction with no other penalty
Commercial quantity and large commercial quantity
More than 250 grams – $385, 000 or 20 years or both (commercial quantity)
More than 500 grams – $550,000 or life imprisonment or both (large commercial quantity)
So you can see that the penalties can be harsh. There are some exceptions to the penalties above. That’s why, if you’re charged with drug offences you should seek legal advice.
Contact me on 0444 580 187 or fleur@fleurbitcon.com.
[1] Australian Criminal Intelligence Commission, National Wastewater Drug Monitoring Program (Report No 6, December 2018) 9 https://www.acic.gov.au/publications/intelligence-products/national-wastewater-drug-monitoring-program-report
[2] Australian Institute of Health and Welfare, Commonwealth, National Drug Strategy Household Survey 2016 (Report, 2017), 69 https://www.aihw.gov.au/getmedia/15db8c15-7062-4cde-bfa4-3c2079f30af3/21028a.pdf.aspx?inline=true
[3] Shane Darke, Sharlene Kaye and Johan Duflou, ‘Rates, characteristics and circumstances of methamphetamine-related death in Australia: a national 7-year study’ (2017) 112 Addiction 2191 – 2201, 2193, 2195, 2199 https://newsevents.med.unsw.edu.au/sites/default/files/newsevents/news/Darke_et_al-2017-Addiction.pdf
[4] Commonwealth Parliamentary Joint Committee on Law Enforcement, Inquiry into crystal methamphetamine (ice) (First Report, September 2017) 90 https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Law_Enforcement/Crystalmethamphetamine45/First_report
[5] Australian Criminal Intelligence Commission, National Wastewater Drug Monitoring Program (Report No 6, December 2018) 42 https://www.acic.gov.au/publications/intelligence-products/national-wastewater-drug-monitoring-program-report