This paper addresses the conflict between the ethical and legal respon
sibilities of researchers engaged in illicit drug use research. Fundam
entally, the primary ethical responsibility is to protect research sub
jects from any harm which may come to them as a consequence of having
taken part in the research. Legal responsibilities, however, might lie
in assisting police with their enquiries into the conduct of an indiv
idual who is a research subject, and allowing research data to be sear
ched and possibly used in evidence against the individual. There is no
Western Australian legislation which protects research, nor Australia
n legislation which can be applied to most studies. Using two case stu
dies, we give examples of the conflict and suggest that legislation ma
y be the most effective way to overcome it. However, we also raise a n
umber of issues which would need to be considered before solutions are
enacted.