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Drink Spiking
What is Drink Spiking?
Drink spiking occurs when a drug is covertly placed in a person's drink in order to sedate or incapacitate them.
Young women are the usual targets of drink spiking and the harms resulting include sexual assault, robbery and unsafe sex.
Drugs Used
A number of drugs have been identified in drink spiking incidents, with alcohol (ethanol) being by far the most common. Other drugs that have been identified include Benzodiazepines, Rohypnol and GHB.
Effects On The Body
The effects of drink spiking will vary depending on the characteristics of the individual (eg physical size, gender and whether other drugs have been taken) and the drug (e.g. type, amount used and purity).
Common effects include:
- nausea;
- loss of memory (amnesia);
- dizziness;
- loss of consciousness;
- conscious but paralysed;
- muscle relaxation;
- euphoria; and
- sedation
The Law
The term drug assisted sexual assault describes a situation where a drug impairs a person's ability to consent to, or refuse sex. If a person cannot give free consent to sex, then the perpetrator is committing a sexual assault.
Offences include:
- administering a drug or poison;
- stupefying to commit an offence; and
- sexual assault.
Taking Care
Drink spiking can occur. To avoid this happening to you:
- always buy your own drink and watch it being poured;
- don't accept drinks from strangers;
- never leave your drink unattended while you dance or go to the toilet;
- don't drink or taste anyone else's drink;
- dispose of your drink if you think it tastes odd; and
- look out for your friends. If your friend seems drunk, or is acting out of character and you know they haven't had too much to drink, they may have been drugged. Stay with them and take them to a safe place. Consider reporting the incident to the police and if a sexual assault has occurred contact the Sexual Assault Resource Centre.
Laws on Cannabis in Western Australia
Cannabis Control Act 2003
It is against the law to cultivate, possess, use, sell or supply cannabis. It is also against the law to possess pipes and other implements on which there are detectable traces of cannabis.
While the possession of small amounts of cannabis is still an offence it can now be dealt with by issuing a Cannabis Infringement Notice (CIN). If a person receives a CIN and pays the financial penalty or attends a Cannabis Education Session (CES), the person will not be required to appear in court and will not incur a criminal record.
What is the Cannabis Infringement Notice (CIN) scheme?
The Cannabis Infringement Notice (CIN) Scheme enables police, at their discretion, to issue an infringement notice for possession of small amounts of cannabis. People who receive a CIN will be required to pay a financial penalty within 28 days, complete a Cannabis Education Session within 28 days or can choose to have the matter heard in court. There is a limit to the number of times within a three-year period that a person who is issued with a CIN may choose to pay a financial penalty rather than complete a CES or go to court. A person who is issued with one or more CINs on each of three separate days within a three-year period will be required on the third and any subsequent occasion to attend a Cannabis Education Session or go to court, and will not be eligible to pay a financial penalty.
If police have relevant evidence, a person found in possession of a small amount of cannabis could still be charged with the more serious offence of possession of cannabis with intent to sell or supply.
The CIN Scheme does not apply to possession by an adult of any quantities of cannabis resin (hash), hash oil, or other cannabis derivatives. The possession of any quantity of these substances will continue to be prosecuted through the courts.
When can a Cannabis Infringement Notice be issued?
A CIN can be issued in the following instances:
- possession by an adult of no more than 15 grams of cannabis - (penalty $100);
- possession by an adult of more than 15 grams and no more than 30 grams of cannabis - (penalty $150);
- possession by an adult of no more than two cannabis plants under cultivation at that person's principal place of residence provided that the plants are not hydroponically grown and that no other person is growing other cannabis plants on the same premises - (penalty $200); and
- possession by an adult of pipes and other implements for use in smoking cannabis on which there are detectable traces of cannabis - (penalty $100).
Under the Misuse of Drugs Act 1981 police have the power to seize and destroy cannabis, cannabis plants and/or pipes or other implements (with detectable traces of cannabis) when a CIN is issued.
Can a young person be issued with a Cannabis Infringement Notice?
No. Under the Young Offenders Act 1994, young people (aged 10 to 17 years inclusively) who are found growing, in possession of, or using cannabis within the limits set by the CIN Scheme may be cautioned or referred to a Juvenile Justice Team.
What can i do if i receive a Cannabis Infringement Notice?
The options are:
- pay the Cannabis Infringement Notice financial penalty within 28 days of the CIN being issued; or
- complete a Cannabis Education Session (CES) within 28 days of the CIN being issued; or
- apply in writing to have the matter heard and determined in court.
Note: A person has 28-days to complete a CES or pay the financial penalty unless an extension is provided by an authorised person.
Ignoring a Cannabis Infringement Notice
If the 28-day period has expired and you have not paid the financial penalty or completed a CES or elected to have the matter heard and determined in court, then a final demand for payment may be served on you. Once a final demand has been issued you will no longer be eligible to attend a CES for the CIN and you will be required to pay the financial penalty as well as additional administration costs.
If you have not paid the amount specified in the final demand by the due date then the matter may be registered with the Fines Enforcement Registry for enforcement. This may result in the payment of additional costs.
The Fines Enforcement Registry may issue an order for you to choose to pay the financial penalty or elect to have the matter heard in court. Under this order you will have 28 days to pay the financial penalty and additional costs or to refer the matter to be heard in court.
If after 28 days you still do not pay the financial penalty and additional costs, or make an election to refer the matter to court, the Fines Enforcement Registry may take steps to suspend your driver's licence or vehicle licence. Until the financial penalty and additional costs are paid, or you elect to have the matter heard in court, or the licence suspension order is cancelled, you will not be able to regain your driver's licence or vehicle licence or obtain a new licence.
At any time after a matter is registered with the Fines Enforcement Registry and before any part of the financial penalty and additional costs are paid or the enforcement process suspended, the police may elect to refer the matter to a court.
For more information and help
If you would like more information about cannabis or how to access support services in Western Australia, click here
Disclaimer
While every reasonable effort has been made to ensure the accuracy of this page, no guarantee can be given that its contents are free from error or omissions. The Minister for Health, the Drug and Alcohol Office, the State of Western Australia and their employees and agents expressly disclaim liability for any act or omission occurring in reliance on the information in this page and for any consequences of any such act or omission.
Changes in circumstances after the date of publication of this page inevitably will result in this page becoming outdated in some respects. It is the responsibility of readers of this page to keep themselves updated with any changes or developments.