The following are offences under the Controlled Substances Act 1984 (SA):
- Section 33LD - Intentional manufacture of controlled drug alternative;
- Section 33LE - Promoting controlled drug alternative; and
- Section 33LF - Manufacturing, packaging, selling or supplying substance promoted as controlled drug alternative.
These sections concern substances which either have, or were intended to have, or are promoted as having, pharmacological effects similar to a controlled drug. They are also about substances which are promoted as legal alternatives to a controlled drug, or are sold as controlled drugs but are actually different substances.
Under these sections, manufacturing includes taking part in the process. Taking part in a step in the process is broadly defined and includes things such as: getting together or hiding equipment, substances or materials; arranging or providing money to fund any part of the process; transporting and loading materials; and allowing your house to be used for the process [see further s 33LC(1)-(3)].
These offences can be committed even if the substance is marked ‘not for human consumption’, or similar labelling such as stating that it is not an alternative to a controlled drug [s 33LC(4)].
The Court can prohibit someone from running a business if they have been convicted of committing any of these offences in the course of running a business. The Court can also make other orders that it thinks is appropriate [see further s 33T].
- s 33LD - Maximum penalty: $15 000 or imprisonment for 4 years, or both
- s 33LE - Maximum penalty: $10 000 or imprisonment for 2 years, or both
- s 33LF - Maximum penalty: $15 000 or imprisonment for 4 years, or both
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