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LSC Duty Solicitor Handbook
Drug Offences
The Controlled Substances Act 1984 (SA)
Introduction
Possession
Drug categories
Controlled Drug
Drug of Dependence
Controlled Plant
Controlled Precursor
Prescription Drug
The Regulations
Controlled Substances (Controlled Drugs, Precursors and Plants) Regulations 2014 (SA)
Controlled Substances (Poisons) Regulations 2011
Cannabis
Expiation of simple cannabis offences
Expiation notices
Expiation reminder notices
Expiation fees for simple cannabis offences
Prosecution of simple cannabis offences
Cannabis- Personal Use and Supply
Possession and use of cannabis
Supply or administer cannabis
Cultivation of five cannabis plants, artificially enhanced cultivation and supply
Cultivation of cannabis for sale
“To cultivate”
A step in the process of cultivation
Cultivation of cannabis deemed to be for the purpose of sale or supply
Cultivation of one cannabis plant for sale
Sale of Cannabis
A step in the process of sale
Possession of cannabis deemed to be for the purpose of sale or supply
Possession of one cannabis plant for sale
Trafficking in cannabis
Drugs of Dependence
Simple possession offences
Possession of equipment
Referral to assessment service for drug misuse intervention
Appearance before an assessment panel
Undertakings for treatment
Withdrawal of complaint, release from custody and discharge of bail agreements
Immunity from prosecution
Prosecution of a simple possession offence
Termination of referral to assessment service
Drugs of dependence - personal use and supply
Manufacture, Production, Sale or Supply (Drugs of Dependence)
Manufacturing drugs of dependence
A step in the process of manufacture
Quantity deemed to be for the purpose of sale or supply
Definition of “sell”
A step in the process of sale
Production, promotion and sale of controlled drug alternatives
Trafficking in controlled drugs
Quantity deemed to be for the purpose of sale or supply
Offences involving children and school zones
Prescription drugs
Possession of Prescription Drugs
Forged Prescriptions
Sale or supply of volatile solvents
Possession of equipment for drug use
Sale or possession of equipment
Possession of Prescribed Equipment
Sale or supply of drug paraphernalia
Sentencing Considerations
Brief penalty summary
Confiscation of assets or profits