What to Do If You're Charged with Drug Possession at a Music Festival in NSW

Expert insights from Matthew Ward, Criminal Defence Lawyer at Morrisons.

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 law 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.

Our firm has represented clients in thousands of drug-related cases across NSW, including possession, supply, and drug driving charges arising from festival attendance. This guide draws on that frontline experience to help you understand what you’re really facing.

Key takeaways

• Know the law before you go, including drug driving laws that apply days after festival use

• Understand your rights if approached by police

• Seek legal support immediately if you’re charged

• Make informed choices to protect your health, your licence, 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 it’s 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: 

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

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

2. The Hidden Trap: Drug Driving After the Festival

“The biggest misconception is that if you’re not caught with the drugs, then you can’t be charged in relation to them.” — Matthew Ward, Criminal Defence Lawyer

What many festival-goers don’t realise is that the legal risk doesn’t end when you leave the festival grounds. One of the most common, and most surprising, charges we see is drug driving, which can occur days after drug use.

It’s Not “Driving Under the Influence”

A critical misconception: the charge is not about whether drugs affected your driving ability.

“The charge simply is having the drug present in your system and driving a car. They’re not alleging that it impacted or affected your ability to drive.”

This means you can feel completely sober, drive safely, and still face criminal charges if drugs are detected in your system during a roadside drug test.

How Long Do Drugs Stay in Your System?

“People think the next day they’ll be fine. That is rarely the case. I’ve had cases involving cocaine that can be, you know, up to a week. Sometimes longer. Marijuana or cannabis certainly lasts a lot longer than that based on the way it’s stored in the body.”

Typical detection windows:

Substance	Detection Window
Cocaine	Up to 7+ days
MDMA	2-4 days
Cannabis	Days to weeks (depending on frequency of use)

“So I suppose the advice is if you do or want to take drugs, you need to wait as long as you possibly can to drive a motor vehicle if you want to avoid being charged with this offence.”

Real Case: Festival Cocaine Detection

What happened: A client attended a music festival over the weekend and used cocaine recreationally. On Thursday, days later, they were driving to their apprenticeship workplace when they were stopped for a random breath test. The alcohol test was negative, but a drug swab detected cocaine still in their system.

The impact: Their apprenticeship contract required them to hold a valid driver’s licence. They received an infringement notice carrying a 3 month suspension putting their employment and career at immediate risk.

The outcome: By seeking legal advice promptly, they were able to understand their options for challenging the infringement and protecting both their licence and their apprenticeship.

Key lesson: Drug driving charges don’t require you to be intoxicated or impaired. If it’s in your system, you can be charged. This catches thousands of people off guard every year.

3. What Happens When You’re Caught at a Festival?

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.

Possible Outcomes

On-the-spot fine: If police find small quantities of illicit substances, they may issue you with a penalty notice. You would not need to attend court for the offence.

Court Attendance Notice: Police may issue you with a future court date on a yellow piece of paper. If you do not attend court on the date specified, you will be convicted in your absence and issued with an outcome in the mail.

Arrest: In some circumstances, police 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, keep three things in mind:

1. Police must identify themselves and explain why you are being searched.
2. You have the right to remain silent—don’t admit ownership or say “these aren’t mine.”
3. You are not obligated to answer questions beyond your name and address.

“They’re not required to say or discuss anything. The best advice is probably not to say anything at that stage, because anything they do say will likely be in a fact sheet for the purposes of their sentencing or used in their court case in some way.”

Interacting with police can be daunting, but it is always best to remain calm and respectful while exercising your legal rights.

4. 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. 

What are my options when asked by police to take a drug test?

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. 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. 

“Traffic law should be simple but it is way more complicated than everyone thinks it would be.”

This applies equally to drug charges. The interaction between criminal charges, infringement notices, court elections, and licence suspensions creates traps that most people don’t see coming.

When Should You Call a Lawyer?

“They should get advice as soon as possible because there’s a few different things that can happen and there’s a few different things they need to look out for, including they might receive an infringement notice which feels like a speeding fine for this offence. There’s options that they have about taking that to court and impacts of paying it.”

The short answer: As soon as possible after the incident. What you do with an infringement notice, pay it, ignore it, or elect to take it to court, has significant consequences that are difficult or impossible to reverse.

6. 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. 

The Second Offence Trap

One of the most serious consequences we see is what happens when someone faces a second drug-related charge.

Real Case: Prescribed Cannabis Second Offence

A client was lawfully prescribed medicinal cannabis. They were tested while driving and returned a positive result. They took the matter to court unrepresented and received no conviction.

Six months later, they were caught again under identical circumstances. Because this was now a second offence within five years:

• The disqualification periods increased substantially
• The law prevented them from receiving no conviction again (due to rules limiting consecutive non-convictions)
• They were convicted and disqualified—despite driving with a legally prescribed substance

“What you do with that first one may impact what happens with second outcomes, plans, etc., which is really difficult.”

The lesson: Even if you think you have a straightforward case, get legal advice. The consequences of your first matter can directly affect what happens if there’s ever a second.

7. 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.

Why Experience Matters

“What we predicted happens or worse, they will often come back and then we will deal with the appeal or provide further advice about options as to how to fix what happened.”

Our firm has handled 1,000’s of drug-related cases across NSW including possession, supply, and drug driving. We see these matters every week and understand the nuances that general practitioners often miss.

What You Should Learn in Your First Consultation

“The first would be that the person they’re speaking to is a specialist and knows the area of law that they’re in backwards. Secondly, that they are given reassuring but also realistic advice about outcomes.”

A good lawyer will:

• Explain exactly what you’re facing and the realistic range of outcomes
• Identify any strategic options specific to your situation
• Tell you what you need to do before court to give yourself the best chance
• Be honest if the news isn’t good so you can plan accordingly

Common Defences Against Drug Charges in NSW

• 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 also negotiate outcomes, potentially reducing charges or penalties particularly important if the evidence against you is strong.

What Does Legal Representation Cost?

We offer flat-fee pricing for drug-related traffic and criminal matters:

$1,500 to $2,000 + GST for most drug driving and possession matters, depending on complexity and the solicitor’s experience level.

This covers your matter from initial advice through to court representation.

8. 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 serious trouble and not just at the festival, but for days afterward when you drive home or back to work.

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 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. We want to make sure you have the right information to stay safe.

Plan Your Transport Home

If you’re planning to use drugs at a festival, do not plan to drive yourself home or to work the following week. Detection windows mean you could test positive for days.

Consider:

• Public transport
• Rideshare services
• Having a sober friend drive
• Extending your time off work before getting behind the wheel

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.

In conclusion

Music festivals should be memorable for the right reasons and not because you ended up in legal trouble.

With drug-related arrests still common at major events across NSW, and drug driving charges catching people days after festivals end, being informed and prepared is your best defence.

“The biggest misconception is that if you’re not caught with the drugs, then you can’t be charged in relation to them.”

By staying informed, understanding your rights, and knowing where to turn for help, you can avoid letting one decision affect your future, your licence, or your career.

If you need help or advice about a drug offence, contact us now for a free initial consultation.