In addition to the Controlled Substances Act 1984 (SA), there are separate sets of regulations which provide schedules of substances for each category of drug (as outlined above). The schedules list particular drugs in accordance with the category of drug, and provide prescribed quantities for each drug for different legal purposes. The prescribed quantities are particularly relevant to those offences related to producers or suppliers as they distinguish between large commercial, commercial, and trafficable offences by reference to the quantity of drug, precursor or plant [see Controlled Substances Act 1984 (SA) s 4(1) for definition of large commercial quantity, commercial quantity and trafficable quantity].
As discussed below, the regulations are particularly important when distinguishing simple possession and user offences from offences related to production and supply.
This schedule lists controlled drugs other than drugs of dependence and includes: MDMA (ecstasy), cannabis (oils, resins and plant material), lysergic acid diethylamide (LSD), and diacetylmorphine/doamorphint (heroin) [see: Controlled Substances (Controlled Drugs, Precursors and Plants) Regulations 2014 (SA) sch 1].
This schedule lists drugs of dependence and includes: methamphetamine/ methlamphetamine (speed), buprenorphine, cocaine , codeine (except where included in sch 2, 3 or 4), methadone, morphine, oxycodone, opium (except the alkaloids noscapine when included in sch 2 and papaverine when included in sch 2 or 4, and pethidine [see Controlled Substances (Controlled Drugs, Precursors and Plants) Regulations 2014 (SA) sch 1; R v Batrachenko [1999] SASC 422 for authority that methylamphetamines and amphetamines are drugs of dependence].
This schedule lists controlled plants , with pt two of the schedule providing the quantity for deeming a cannabis offence to be a large commercial (100 plants), commercial (20 plants) or trafficable (10 plants) offence [see Controlled Substances (Controlled Drugs, Precursors and Plants) Regulations 2014 (SA) sch 3].
Regulation 8(a) of the Controlled Substances (Poisons) Regulations 2011 lists volatile solvents and includes: gases (butane, propane, nitrous oxide), petrol, amyl and butyl nitrite [see Controlled Substances (Poisons) Regulations 2011 r 8(a); Controlled Substances Act 1984 s 4(1) for definition of volatile solvent].
In addition, these regulations provide for the legitimate manufacture, supply and distribution of drugs of dependence and prescription drugs. The related schedules list the relevant drugs which are subject to the regulations.
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