It is an offence to supply or administer a drug of dependence to another person or have possession of a drug of dependence whilst intending to supply or administer the drug to another person. The maximum penalty is a fine of $50 000 or imprisonment for 10 years, or both [see Controlled Substances Act 1984 (SA) s 33I(1)]. This offence does not include cannabis, cannabis resin or cannabis oil. To “supply” is defined as providing, distributing or offering to provide or distribute [see s 4(1) for definition; and see Jurkovic v R (1981) 6 A Crim R 215; [1981] FCA 221 for an example of supply and possession for personal use]. Remember, “supply” includes supplying to friends on a casual social basis.

Section 33I came into effect on 3 December 2007, and only applies to offences which occurred on or after that date [see Controlled Substances (Serious Drug Offences) Amendment Act 2005 (SA)].