It is an offence to sell equipment, or have possession of equipment intending to sell it for use in connection with the smoking, consumption or administration of a controlled drug, or for the preparation of such a drug for smoking, consumption or administration. The maximum penalty is a fine of $10 000 or imprisonment for two years, or both [see Controlled Substances Act 1984 (SA) s 33D].

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

It is an offence to sell equipment, or have possession of equipment intending to sell it to a child for use in connection with the smoking, consumption or administration of a controlled drug, or for preparation for smoking, consumption or administration. The maximum penalty is a fine of $20 000 or imprisonment for two years, or both [see Controlled Substances Act 1984 (SA) s 33GA].

Section 33GA came into effect on 8 June 2008, and only applies to offences committed on or after that date [see Summary Offences (Drug Paraphernalia) Amendment Act 2008 SA].

It is an offence to have possession of prescribed equipment without reasonable excuse. Prescribed equipment means a document containing instructions for the manufacture of a controlled drug or the cultivation of a controlled plant; or equipment of a kind prescribed by regulation [see Controlled Substances Act 1984 (SA) s 33LA].

Section 33LA came into effect on 19 October 2008, and only applies to offences committed on or after that date [see Controlled Substances (Possession of Prescribed Equipment) Amendment Act 2007 (SA)].

Under s 9B Summary Offences Act 1953 it is an offence to sell or supply drug paraphernalia. Penalties apply to individuals and also to businesses and there are separate penalties where the sale or supply has been to a minor. To “sell” includes to barter or exchange [see s 9B(7) for definition].

Maximum penalty for sale or supply of prohibited item:

for an individual - $10 000 or 2 years imprisonment

for a body corporate - $50 000

Maximum penalty for sale or supply of prohibited item to a minor:

for an individual - $20 000 or 2 years imprisonment

for a body corporate $100 000

The list of prohibited items includes the following:

A cocaine kit consists of 2 or more of the following items packaged as a unit apparently for the use of cocaine:

Following a conviction for an offence against s 9B, any prohibited item seized as evidence of the offence may be retained by the Commissioner of Police and is forfeited to the Crown [see s 9B(5)].