Former NSW chief prosecutor Nicholas Cowdery QC has dismissed claims made by the Deputy Premier that anyone testing people's pills could end up being charged with manslaughter.

Key points: Mr Cowdery QC dismisses claims anyone testing people's pills could be charged with manslaughter

Mr Cowdery QC dismisses claims anyone testing people's pills could be charged with manslaughter Premier Mike Baird says the idea of pill testing was a "ridiculous proposal"

Premier Mike Baird says the idea of pill testing was a "ridiculous proposal" Team of doctors say despite threat, their priority is to protect young people

Mr Cowdery said there was clear legal precedence about the circumstances for any potential liability for manslaughter in drug cases, and Mr Grant's claims were "nonsensical".

The NSW Government has been staunchly against pill testing since it was raised as an idea, insisting the safest way to avoid overdosing on drugs is to not take drugs at all.

Premier Mike Baird said in February the idea of pill testing was a "ridiculous proposal," with Deputy Premier Grant saying pill-testers risked criminal charges for drug possession, supply and potentially manslaughter.

Mr Cowdery said that was highly unlikely.

"Anybody setting up a facility of this kind would take care to ensure that by the processes that were adopted and by the statements that are made and representations that are made, there could be no liability on the part of any chemist testing samples of drugs for any subsequent mishap that might occur – the death of the person who takes the drugs, or any serious illness that occurs to them as a result of it," he said.

"It's a matter of proper preparation; it's a matter of giving proper advice and notice to the person who brings the drugs along."

'A matter of scare mongering'

Mr Cowdery said it was an issue of law and there was very clear authority on what constituted manslaughter.

"In order to be guilty of manslaughter in circumstances like that, the chemist or the person would have to have some involvement in the actual administration of the drug at least to the person who took it and who subsequently died," he said.

"So as a matter of law and as a matter of practicalities I think it's just probably a bit of scare mongering on the deputy premiers part."

A spokesperson for the Deputy Premier and Police Minister Troy Grant told PM the "government's current legal advice is that NSW legislation provides the NSW Police Force with the power to take action against pill testers at music festivals. As in all police investigations, each case would need to be investigated according to its circumstances."

Mr Cowdery said he believed Australia's current regime to tackle drugs was not working and controlled testing facilities were needed.

"Well I think the more that we can bring the fact of drug use out into the open and under scrutiny, the better it is for everybody concerned," he said.

"If you keep these sorts of activities underground, if you make people break the law and go to extraordinary lengths to try and avoid liability for that, then you increase the risks of harm to those people who will use anyway, they will run risks and they will use."

'Young people must be protected from harm'

Dr Alex Wodak, the president of the Australian Drug Law Reform Foundation, was recently part of a team of doctors who announced a pilot program to provide laboratory-grade mobile drug testing at music festivals.

He said he welcomed Mr Cowdery's comments and wants the State Government to reconsider the program.

"On this issue, I have to admit I'm a little disappointed that they haven't been a bit more open minded and prepared to at least allow a trial.

Dr Wodak said that despite threats of arrest from authorities, his priority was to protect young people from harm.

"None of us take lightly the fact that these severe threats have been made to us by authorities, but on the other hand we're certain that what we're doing is for the benefit of young people and the community.

"The number one focus we all have, among my colleagues and I, is to try and reduce these deaths and terrible illnesses that some people have after taking party drugs at youth music events."