How The Criminal Justice System Deals With Those Caught Using Ice

How The Criminal Justice System Deals With Those Caught Using Ice

Those addicted to drugs who are in drug rehabs such as, are each there due to their addiction to a whole range of different drugs. They include heroin, cocaine and crystal methamphetamine, which is otherwise known as “ice”. Whilst several methamphetamine drugs are taken by drug users, ice is the one that is the most potent.

There is often some confusion when referring to the names of methamphetamine because they often all get brought together as one, and the assumption is they are all the same drug, but they are not. Ice is just one version. Another is the base drug commonly called meth. This is brown and taken by injecting or swallowing it. Another version is speed, which is usually a white powder and is either injected, swallowed or snorted.

As for ice, which is the subject of this article, it gets its name from its appearance, which is crystalline and translucent, often with jagged shards. Other names for ice include glass, Tina, and crystal meth. It is taken either by injection or it can be smoked using a glass pipe.

We mentioned that ice is the most potent form of methamphetamine, and this means that those who take it have ‘highs’ that not only last longer but the effects are much stronger too. Because of this, the resultant ‘down’ that inevitably follows is more pronounced and this is why ice is regarded as more dangerous because it is more likely to cause dependency and psychosis in users.

From what we have just explained regarding the effects of ice, you will not be surprised to learn that it is an illegal drug in Australia, and the manufacturing, supply, possession, and use of ice are all criminal offences. Let us look more closely at how the criminal justice system deals with anyone who is charged or convicted of using ice.

One reason ice and other methamphetamine drugs are given such a priority is that recent testing showed that of those who enter custody and are drug tested, over fifty per cent of them tested positive for methamphetamine. Other studies have indicated a link between methamphetamine psychosis and criminal activity and that violent offences are more extreme if the person inflicting the violence is a regular user of high-purity methamphetamine, aka ice.

Self -administration of ice is a criminal offence, and if someone is arrested and charged, it would be necessary for the police and prosecution to prove in court that:

  1. a) The substance used was ice
  2. b) The ice was administered to the person -or-
  3. c) The ice self-administered

If ‘b’ above were to be applicable, another offence of administering ice to another person comes into play, for which the penalty can be a fine of over three thousand dollars and up to two years imprisonment.

With internet usage being so widespread, it is not surprising that the selling and buying of illegal drugs online take place. This is where those who buy drugs in this way are putting themselves at real risk of extremely hefty fines and prison sentences. The reason for this is that buying ice online means that there is a strong possibility that they are being bought from someone located in another country.

As such, this could be classed as importing illegal drugs, for which a conviction for importing just 2 grammes of ice could lead to a fine of several hundred thousand dollars and a prison sentence of up to twenty-five years.

One way in which any punishment following a conviction for the use of ice could potentially be mitigated is if it could be shown in court that the person was addicted to ice and thus more in need of treatment than punishment. However, there is no guarantee this will work, and it is not a requirement that a court must apply a lesser sentence due to addiction.

However, in reality, some courts will consider addiction along with other factors, such as whether the person would genuinely benefit from drug rehab, their mental health, their age, and any social disadvantages that might be applicable.