Aussie Pill Testing Faces Legal Clarification

However, the NSW government maintains its zero-tolerance policy. Deputy Premier Troy Grant claimed on radio that pill-testers risked prosecution for drug possession and supply as well as manslaughter charges if the tests were wrong and someone died from taking their “approved” pills.

But former NSW Director of Public Prosecutions, Nicholas Cowdery, told the Sydney Morning Herald, “The manslaughter suggestion is nonsense. The testers would devise a process and form of words that avoided any liability for mishaps that might later occur [such as] illness or death.”

A number of festival promoters indicated they would approve the tests on condition they were safe and legal.

Totem Onelove, whose Stereosonic festival suffered two deaths this southern summer, issued a statement, “In principle pill testing would have our full support as long as all the key stakeholders sanctioned the initiative to ensure its effectiveness. We would strongly support any policies or initiatives that would minimise harm, reduce drug use and make events a safer environment for patrons. Unfortunately drug use is an issue affecting all Australians and is not limited to events.”

John Wall, co-founder of Fuzzy, which stages Field Day, Listen Out and Harbour Life, told ABC Radio he would approve tests, but needed to look into the legal consequences. “We support encouraging people to think and take responsibility for what they’re doing,” Wall said.

Other promoters told Pollstar they would wait for the legal status to be clarified before going public.

Tests at any site will cost A$100,000 ($74,006). Wodak says the idea has attracted “hundreds” of offers from chemists willing to undertake the tests, as well as private donations. A crowd-funding campaign is to be launched soon.