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Sale or Possession of Instructions

Sale of instructions (and possession with intent to sell)

Under the Controlled Substances Act 1984 (SA) [s 33DA] it is an offence to sell, or possess intending to sell, a document containing instructions for the manufacture of a controlled drug or the cultivation of a controlled plant.

Maximum penalty (basic offence): $15 000 or imprisonment for 3 years, or both [s 33DA(a)(ii)]. For an aggravated offence, or a basic offence where the offender is a serious drug offender, the penalty increases to a fine of up to $20 000 or 5 years imprisonment, or both [see ss 33DA(a)(i); s 33DA(b)].

Defence: it is a defence if the person had a reasonable excuse to sell or have the instructions. It is up to the person to show they had a reasonable excuse.

Sale of instructions to a child

Under the Controlled Substances Act 1984 (SA) [s 33GB] it is an offence to sell to a child, or possess intending to sell to a child, a document containing instructions for the manufacture of a controlled drug or the cultivation of a controlled plant.

Maximum penalty (basic offence): $20 000 or imprisonment for 5 years, or both [s 33GB(a)(ii)]. For an aggravated offence, or a basic offence where the offender is a serious drug offender, the penalty increases to a fine of up to $30 000 or 7 years imprisonment, or both [see ss 33GB(a)(i); s 33GB(b)].

Defence: it is a defence if the person had a reasonable excuse to sell or have the instructions. It is up to the person to show they had a reasonable excuse.

Possession or supply of instructions

Under the Controlled Substances Act 1984 (SA) [s 33LAB] it is an offence to possess, supply, or possess intending to supply, a document containing instructions for the manufacture of a controlled drug or the cultivation of a controlled plant.

Maximum penalty for a basic offence is a fine of up to $10 000 or imprisonment for 2 years, or both [s 33LAB(a)(ii)]. For an aggravated offence, or a basic offence where the offender is a serious drug offender, the penalty increases to a fine of up to $20 000 or imprisonment for 5 years, or both [see ss 33LAB(a)(i); s 33LAB(b)].

Note: 'document' includes any record of information in whatever form, including magnetic or electronic [s 33LAB(2)].

Sale or Possession of Instructions  :  Last Revised: Mon Apr 1st 2019
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