Travelling overseas and backpacking across the world is often a rite of passage for many young Australians.  Reasons for travel are endless.  However, recent reports[1] suggest that with drug prices rising higher in Australia compared to overseas countries, young Australians are being lured to traffic drugs across borders for profitable sale at home.

One report,[2] sourced from an internal Australian Federal Police document, suggests that the cost of cocaine is 6 times higher in Australia than the USA and the street value of an ecstasy pill is $30 in Australia compared to ₤2 in the UK. The deceptive attraction of making a profit is evident.  However, all Australians should be aware of the high-risks of transporting drugs across borders – and the serious repercussions.

What could happen if caught in possession of drugs overseas?

Drug laws vary immensely from country to country and it is impossible to advise on what will happen in each case.  Even though a person might be an Australian citizen, they are almost always subject to the laws of whichever jurisdiction they are travelling in.  This means that on a backpacking tour of Asia for example, one could be subject to a host of different drug laws.  Quite often these laws are a lot harsher than comparative criminal laws in Australia.

Countries in South-East Asia such as Singapore, Malaysia, Thailand, Indonesia and Vietnam take particularly tough stances on drugs and penalties can be as severe as the death penalty, corporal punishment or natural-life term imprisonment sentences.  Recent cases demonstrate that Australians have not been spared the death penalty,[3] which apply mandatorily in Singapore for example, for the possession of 15 grams or more of heroin or 500 grams or more of cannabis or more than 30 grams of cocaine.  Similar penalties apply in other countries and for an array of other drugs, such as Malaysia where a mandatory death penalty applies for persons convicted of drug trafficking.

Being aware of these laws before you travel is important. 

Even though the Australian government might be able to provide you with consular assistance, it will not be able to get citizens off the hook.  A reliable source of information on a country-by-country basis is the travel advisory website of the Department of Foreign Affairs and Trade: http://www.smarttraveller.gov.au/

It is also important to note that even if a traveller is only in a country for a stop-over on their way back to Australia from countries where drugs laws might be more sympathetic (for example, cannabis laws in the Netherlands) he or she will still be subject to the laws of the transit countries, which for many international Australian flights could be in capital punishment jurisdictions such as Malaysia or Singapore.

What should I do if I am arrested overseas on drugs charges?

If arrested overseas on drugs charges, you should speak to officials as soon as possible from the nearest Australian mission.  Though they cannot offer you legal advice or get you out of trouble, they are there to look after your welfare and to facilitate help for you.  Many countries are signatories to the Vienna Convention on Consular Relations which provides the framework for detained persons to seek access to consular officials overseas.

A list of missions can be found at http://www.dfat.gov.au/missions/[4]

Conclusion

The Australian Government and its foreign counterparts take international drug movements very seriously.  International operations are continually undertaken to crack down on drug trafficking and many governments are determined to prosecute.  Being an informed traveller and knowing of your legal rights and obligations is the safest way to avoid troubles on your next overseas adventure.