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Home Blog Drug Offences in South Australia (SA)

Drug Offences in South Australia (SA)

Drug offences and misuse in the state of South Australia (SA) fall under the Controlled Substances Act 1984, which prohibits or bans any of the following actions with a prohibited drug;

These drugs include any of;

Another part of the legislation against drug offences is the Summary Offences Act 1953 that bans the sale of Drug equipment. The law distinguishes between producers or suppliers and drug users and stipulates the penalties for their offence.

Drug offences that culminate in a conviction appear on a national police check in SA in accordance with the spent convictions legislation of SA.

The offence of possession and use of Drugs

Under section 33 of the Act (Controlled Substances Act 1984), the court can find you guilty of possession where;


The maximum penalties for such offences are;

Possessing an equipment used in Drug Offences

Section 33LA of the Controlled Substances Act 1984 stipulates that if you are charged with the offence of possessing an equipment, it means that you were caught with;

Equipment used to;

The maximum penalties the court imposes for these offences depend on the type of offence;

$2,000 and/or,

2 year's imprisonment.

$10,000 ($50,000 for a company) and/or,

2 year’s imprisonment.

$20,000 ($100,000 for a company) and/or

2 year’s imprisonment,

The offence of Cultivating a Drug in South Australia

The various actions prohibited under the Act include;

It also includes, in respect of any plant(s), equipment, substances or materials;


Penalties for Cultivating Controlled Plants

The Law against prohibited drugs stipulates the maximum penalties for all actions of cultivating a Drug as;

$50,000 and/or

10 year’s imprisonment

$1,000 and/or

6 month’s imprisonments

$200,000 and/or

25 year’s imprisonment

$500,000 and life imprisonment

Large commercial quantities (100) of any controlled plant attract penalties of $500,000 and/or life imprisonment.

Manufacturing Drugs

Manufacture means the process of extracting, producing, refining or reproducing any of the prohibited drugs. Under the law you will also be charged and possibly convicted of direct or indirect participation in the process including;


The prohibition in the Act includes drug alternatives like those;


Penalties for the offence of Manufacturing Drugs

The Controlled Substances Act stipulates maximum penalties of manufacturing the following;

Offences of Supplying and Trafficking Drugs

You will be charged with the offence of drug supply if you provided or distributed or offered to do so. It also includes supplying friends on a social basis. S.32, 33 and 43 of the Controlled Substances Act 1984 stipulates the maximum penalties as;

$50,000 and/or,

10 year’s imprisonment

$75,000 and/or

15 year’s imprisonment

$200,000 and/or

25 year’s imprisonment

$500,000 and/or

Life imprisonment

Offences within a school zone

The Law states a School zone as the area or perimeter that falls around its 500 meters boundary. Such offences include;

The maximum penalties the court imposes for this offence is;

Prescription Drug offences

It is an offence to use a prescription drug illegitimately in SA. It does not matter if such drugs were medically prescribed or advised.

$10,000 and/or

2 year’s imprisonment

$10,000 and/or

2 year’s imprisonment

2 year’s imprisonment


Give false name or address for a drug prescription or supply, the penalties are $10,000 in fines

Supplying volatile substances

You are guilty under section 19(1) of the Controlled Substances Act 1984 law if you supply a volatile substance to a person after you suspected the person intends to;

Other Drug Offences

Many other drug offences carry specific punishments under their various laws. Drug offences can also include all other offences that resulted from the use of drugs. Some of these offences are

Driving Under the Influence (DUI) Offences

DUI offences are the most common causes of Road and Traffic mishaps in Australia. It is a serious offence if the Police or Traffic official pronounces you to be driving under the influence of drugs or alcohol.

Such offences are usually prosecuted in the Magistrate court under Section 47 of the Road Traffic Act 1961, and if found guilty, the punishments include;

Other punishments for Drug Offences

However, for minor offences (possession or use of fewer than 100 grams of cannabis), you may get a diversion program or an expiation notice. In the commonwealth legislation, the court can issue a Court warning, or the Police officer issues a Police caution.

However, for serious offences, the court can authorize;

What are examples of Controlled Drugs in SA?

The definition of "controlled drugs" extends to include chemical derivations of, or chemically similar to, listed controlled drugs. They include;

Does the Police attend to Overdose cases?

The Police will not attend to a case of drug overdose except;

Do drug offences appear on police checks in South Australia?

Drug offences and convictions are considered serious offences and will show up on a criminal background check result.

You can obtain your criminal history check online from the Australian National Character Check (ANCC®) website.

Sources

Controlled Substances Act 1984 - https://www.legislation.sa.gov.au/lz/c/a/controlled%20substances%20act%201984.aspx

Summary Offences Act 1953 - https://www.legislation.sa.gov.au/lz/c/a/summary%20offences%20act%201953.aspx

Road Traffic Act 1961 - http://classic.austlii.edu.au/au/legis/sa/consol_act/rta1961111/

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