8 Expert Legal Tips for Drugs at Music Festivals in Australia

If you’re thinking about using drugs at music festivals in Australia or have been caught and you’re wondering what to do next, our expert legal guide will help you understand the laws and your legal options when it comes to drug offences.

>Drug-related arrests at festivals are high. With police sniffer dogs and random searches, it’s often a risky venture to take drugs into a festival. Knowing your rights – and your legal options – is crucial before you step through the festival gates.

Key takeaways

Know the law before you go
Understand your rights if approached by police
Seek legal support immediately if you’re charged
Make informed choices to protect your health and your future

1. Understanding the NSW Law

In NSW, drug offences are legislated by the Drug Misuse and Trafficking Act 1985. The drug laws which regulate possession, trafficking and intent to supply at music festivals are the same laws which apply in any other location.

Caught with Drug Possession

Possessing prohibited drugs is an offence under section 10 of the drug misuse and trafficking act, which provides that “a person who has a prohibited drug in his or her possession is guilty of an offence.”

This is the most common offence festival goers will find themselves charged with and the maximum penalty is a fine of $2200 and/or a maximum jail sentence of 2 years.

If, for example, you are picked up by a sniffer dog and found with a small quantity of drugs on you. You are likely to be charged with a possession offence.

Caught Drug Trafficking

Drug trafficking is a term that often gets thrown around in headlines regarding music festivals. However, in NSW there is no specific offence with that name. Instead it is an umbrella term used to describe several serious charges related to the supply of illegal drugs including:

Commercial supply of a prohibited drug: this includes exchanges, offers or agreements to sell, and possession with the intent to sell.
Production, manufacture or cultivation of a prohibited drug or plant: this encompasses a wide range of actions and whether its helping grow cannabis at home or playing a role in synthetic drug production, any involvement in the process can result in drug charges.

Supplying Drugs at Music Festivals in Australia

Getting caught with drugs at a festival is one thing – but being charged with supply is a whole different level. You can be found guilty of supplying a prohibited drug if it can be proven beyond reasonable doubt that:

You supplied a substance – whether that’s handing it over, sharing it, selling it or even just offering it.
That the substance was a prohibited drug
That you knew what you were supplying was a prohibited drug.

At music festivals in Australia, even sharing drugs with friends can lead too a supply charge.

2. What Happens When You’re Caught

If Police suspect you have drugs on you, they may conduct a search. At music festivals, sniffer dogs are used for drug detection to improve harm reduction of drug use. If a dog sits besides you, the Police will have “reasonable suspicion” to search you for illicit drug use.

If Police find small quantities of multiple illicit substances on you they can issue you with an on-spot-fine, meaning you would not need to attend Court for the offence. They can also issue you with a future court date – this will be on a yellow piece of paper with a date to attend Court. If you do not attend Court on the date you will be convicted in your absence for the drug offence and issued with an outcome in the mail.

Alternatively, they may arrest you and take you to the nearest Police station for further questioning.

What to say (and what not to say) when approached by police

If you are approached by Police there are three key things to keep in mind:

Police must identify themselves and explain why you are being searched.
You have the right to remain silent – don’t admit ownership or say “these aren’t mine.” Interacting with Police can be daunting but it is always best to remain calm and respectful.
You are not obligated to answer questions beyond your name and address.

3. Your Rights When Dealing with Police

Right to remain silent: when to use it and how

It may feel like you are doing the right thing by offering explanations to the Police but it is always best to exercise your right to silence. Anything you say can be used in Court.

Do you have to consent to a search?

You do not have to consent to a search but refusal will not stop the Police. Resisting or being aggressive can lead to further charges with harsher penalties such as resisting or hindering Police in their execution of duty.

What if the drugs aren’t yours?

If the drugs aren’t yours, say as little as possible until you’ve spoken to a lawyer.

4. Immediate Steps to Take If You’re Arrested

If you’re arrested at a festival, the most important thing you can do is stay calm and cooperative — but be careful not to say anything that could incriminate you. You have the right to remain silent, and it’s wise to use it until you’ve spoken to a lawyer.

Asking for legal representation isn’t just a formality — it can make a huge difference in how your case plays out. If you’re asked to take a drug test and you refuse, be aware that this can have serious consequences, including additional charges or penalties. Knowing your rights in these high-pressure moments can protect you from making a bad situation worse.

5. Possible Legal Consequences

The legal consequences depend on what you’re caught with, how much and the surrounding circumstances:

Fines: Minor possession may result in a penalty notice.
Criminal convictions: A conviction for a drug offence will go on your criminal record – this can have potential impacts on future job opportunities, international travel and more.
Court appearances: You may be required to appear before a Magistrate if you receive a Court Attendance Notice – whilst first-time offenders may receive leniency and a second chance this is not always the case.
Diversion Programs: NSW offers programs like MERIT (Magistrates Early Referral Into Treatment) for some offenders. These focus on rehabilitation rather than punishment.

So whilst it can seem like a good idea to take drugs at a music festival it is crucial to consider all the potential consequences.

6. How a Lawyer Can Help

If you get charged with a drug offence at a music festival you should reach out to a criminal defence lawyer who can provide you with advice and representation.

Common defences against drug charges in NSW include:

Lack of knowledge: Arguing you were unaware of the drugs in your possession.
Duress: Claiming you were forced or threatened into committing the offence.
Lawful authority: Demonstrating you had legal permission to possess the drugs.

A skilled lawyer can negotiate plea deals, potentially reducing charges or penalties. This can be particularly beneficial if the evidence against you is strong.

In some cases, a lawyer can assist in expunging your criminal record, allowing you to move forward without the long-term consequences of a conviction. In NSW, some minor convictions can be removed after a crime-free period, allowing you to move forward without the burden of a criminal record.

Remember, having professional legal support can make a significant difference in the outcome of your case.

7. Tips to Stay Safe and Avoid Legal Trouble

If you’re going to a festival and want to stay safe here are some practical tips

Know Before you go

Before you step through the gates, understand the potential legal and health consequences of bringing or using prohibited substances. Drug laws in NSW are strict, and even a small amount can lead to big trouble.the risks before attending a festival

Drug checking services at festivals

Some festivals now offer drug checking or pill testing services, which can help identify dangerous or unexpected substances. These services can literally be life-saving if you choose to use drugs.

While there were at least 64 deaths due to drugs at music festivals in Australia within a year, pill testing has never been more needed as it is now. We want to make sure you have the right information to avoid drug misuse, and enjoy the music events in your local area without involving intentional self harm.

How to handle police interactions wisely

If you’re approached by police, stay calm and respectful. You have rights — including the right to remain silent and the right to ask for a lawyer. Don’t volunteer information, and avoid resisting or arguing.

Harm reduction strategies if you choose to partake

If you do decide to take drugs, be smart about it. Stay hydrated, pace yourself, and never mix substances. Let someone you trust know what you’re taking. These simple steps can reduce your risk of harm — or worse.

8. Conclusion

Music festivals should be memorable for the right reasons—not because you ended up in legal trouble or worse off be involved in drug related deaths. With drug-related arrests still common at major events across NSW, being informed and prepared is your best defence.

Drug-related arrests are still a reality at many NSW festivals, and the legal consequences can be serious. But by staying informed, understanding your rights, and knowing where to turn for help, you can avoid letting one bad decision ruin the experience — or your record.

If you need help or advice about your next steps involving a drug offence, contact us now.