‘Drugs are illegal’: Pill-testing trial will not stop arrests at festivals

Premier Chris Minns has conceded there is an “essential contradiction” in his government’s decision to allow pill-testing at summer music festivals while still expecting police to enforce the law if people are caught with illicit drugs.

But, as he announced a 12-month trial of pill-testing on Thursday, Minns said he believed it was better to live with an imperfect law “rather than risk someone dying”.

Premier Chris Minns had long opposed pill-testing, despite other jurisdictions running trials. Credit: Dion Georgopoulos

From early next year, music festival attendees will be able to have samples of illicit drugs tested for their purity, potency and the presence of adulterants by NSW Health professionals.

The trial, to be rolled out at about 12 music festivals from early next year, means illicit drug users will be given an amnesty within the confines of the testing service.

But, while Minns said police won’t target people leaving the testing area, he insisted officers would still be expected to enforce the law if festival-goers were caught with drugs inside or near the music festival grounds.

“Police will enforce the law, and they’ve got discretion at the moment about how they apply it, but drugs remain illegal in NSW, and that will still be the case as a result of this change,” he said.

“And I don’t want to send out a message, because this is not the message from the government, that drugs will be legalised at music festivals. They will not be [and] you will be subject to the laws as it applies today, tomorrow, in a year’s time or in two years’ time.”

Minns conceded the approach was contradictory.

“Drugs are illegal in the state, yet we’ve made a decision to allow for pill-testing at major music festivals,” he said.

“But there’s no perfect law here. There’s no law that we can craft that can do both things at the same time, solving effectively for both of those problems. So the government’s made a decision to live with the contradiction, rather than risk someone dying as a result of having it in place.”

Jennie Ross-King, whose daughter Alex died after taking MDMA before a music festival, is embarking on a campaign for drug law reform.Credit: Kate Geraghty

Minns has long been sceptical about the use of pill-testing, despite widespread support for its use among members of the Labor caucus, including influential cabinet members including Transport Minister Jo Haylen and Housing Minister Rose Jackson.

The premier said he had been “one of the last in the cabinet to agree to this change”, which was recommended by the co-chairs of the recent drug summit, Carmel Tebbutt and John Brogden, in interim advice to the government.

While he stressed there was “no safe way to do drugs”, Minns said he had been convinced by improvements in pill-testing technology which allowed it to test for potency, and advocacy from people such as Jennie Ross-King, whose daughter Alex died of a drug overdose at a music festival in 2019, that speaking to healthcare workers could help shift young people’s behaviour.

“I have been convinced, and I think my colleagues have been as well, that the interaction with the health professional – while unusual, because it’s a government official, and drugs remain illegal in the state – could lead to ... a piece of information that leads that person who is going to consume the drug to take water, for example, and not overheat,” he said.

The trial has been widely welcomed by drug reform advocates, who have long been calling for NSW to follow other jurisdictions such as the ACT, Victoria and Queensland in allowing for pill-testing.

Ross-King thanked the government for making the change and said many parents would welcome it.

“They may never know it, that their children use this service, but I can assure you that it will make a difference in bringing your young people home,” she said.

The trial has been slammed by the Coalition, which long opposed pill-testing while in government. Opposition Leader Mark Speakman said the service would “offer a false sense of security”.

“Even a supposedly ‘pure’ substance can cause harm,” he said.

“Labor and Chris Minns once opposed pill-testing, but now support it without providing the evidence behind their shift.”

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