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Drug Offences in South Australia

Many drug offences in South Australia fall under the Controlled Substances Act 1984. There are also drug offences under the Summary Offences Act 1953. This article deals with drug offences in South Australia.

Possession, use or supply

‘Possession’ of a drug occurs when a person knowingly has control of a drug. Possession includes ‘joint possession’ (where more than one person is involved).

The possessor must know the drug is in their custody and control and that it’s an illegal drug, although it isn’t necessary to know precisely what drug it is.

‘Supplying’ means providing or distributing a drug to another person, or offering to do so, and includes supplying to friends on a social basis. A person may be guilty of supply even if no payment is received.

Possessing equipment and maximum penalties

‘Prescribed equipment’ in relation to drug offences in South Australia is equipment for hydroponic cannabis cultivation or manufacturing controlled drugs, or instructions for doing so. The maximum penalty for possession of prescribed equipment is $10,000 and/or two years imprisonment. ‘Equipment’ means anything used either for preparing to smoke, consume or administer, or for actually smoking, consuming or administering, a controlled drug (except syringes or needles).

Cultivation drug offences in South Australia

It is an offence to cultivate an illicit drug in South Australia.

‘Cultivate’ means to:

  • plant or transplant any plant cutting, seed or seedling
  • nurture, tend or grow
  • harvest
  • dry harvested plant
  • take part in of these steps, including directing, taking part or participating in, or causing the step to be taken. This includes, in respect of any plant(s), equipment, substances or materials
    • acquiring or storing
    • carrying, transporting, loading and unloading
    • guarding or concealing
    • providing or arranging finance

providing or allowing a premises to be used, or jointly occupying a premises

Manufacturing drugs

‘Manufacturing’ means taking part in any process whereby a drug is extracted, produced or refined. It includes directing, taking part in, or participating in any step, or causing any step to be taken in respect of equipment, substances or materials, including:

  • acquiring or storing
  • carrying, transporting, loading and unloading
  • guarding or concealing
  • providing or arranging finance
  • providing or allowing use of a premises, or jointly occupying a premises.

It includes controlled drug alternatives which:

  • are promoted as a legal alternative to an illegal drug or
  • are sold as an illegal drug but are a different substance or
  • have, are meant to have, or are promoted as having, a similar effect as an illegal drug.

Offences involving school zones

‘School Zone’ means the grounds of a primary or secondary school and up to 500 metres from its boundary. Drug offences in South Australia which are carried out in school zones carry a maximum penalty of a $1,000,000 fine and/or life imprisonment.

These offences include:

  • selling, supplying, or administering a controlled drug to a child, or possessing it for that purpose
  • selling, supplying, or administering a controlled drug to another within a school zone, or possessing it for any of those purposes.

If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.

Author

Michelle Makela

Michelle Makela is a Legal Practice Director at Go To Court Lawyers. She holds a Juris Doctor, a Bachelor of Science (Psychology) and a Master of Criminology. She was admitted to practice in 2006. Michelle has over 15 years experience in the legal industry, working across commercial litigation, criminal law, family law and estate planning. 

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