Possession of equipment in relation to cannabis use or preparation
Maximum penalty: $2 000 [Controlled Substances Act 1984 (SA) s 33L(2)(c)].
Possession of equipment in relation to controlled drug use or preparation
Maximum penalty: $2 000 or 2 years imprisonment or both [s 33L(1)(c)].
Possession of prescribed equipment
Prescribed equipment includes [Controlled Substances (Controlled Drugs, Precursors and Plants) Regulations 2014 (SA) reg 9 ; Controlled Substances Act 1984 (SA) s 33LAB]:
Under the Controlled Substances Act 1984 (SA) [s 33LA] it is an offence to:
Maximum penalty for a basic offence is a fine of up to $10 000 or imprisonment for 2 years, or both [s 33LA(1)(a)(ii)]. The penalty for an aggravated offence, or a basic offence where the offender is a serious drug offender increases to a fine of up to $20 000 or imprisonment for 5 years, or both [ss 33LA(a)(i); s 33LA(b)].
Defence: it is a defence if the person had a reasonable excuse to have the equipment. It is up to the person to show they had a reasonable excuse.
Possession of both equipment and precursors
Possession of equipment used to manufacture controlled drugs as well as possession of controlled precursors (chemicals used to make drugs) is an offence [s 33LB].
Maximum penalty for a basic offence is a fine of up to $20 000 or imprisonment for 5 years, or both [s 33LB(2)(a)(ii)]. The maximum penalty increases to a fine of up to $30 000 or imprisonment for 7 years, or both, for an aggravated offence or a basic offence where the offender is a serious drug offender [see ss 33LB(2)(a)(i); s 33LB(2)(b)].
Sale of equipment
Under the Controlled Substances Act 1984 (SA) [s 33D] it is an offence to:
Maximum penalty for a basic offence is a fine of up to $15 000 or imprisonment for 3 years, or both [s 33D(a)(ii)]. For an aggravated offence, or a basic offence where the offender is a serious drug offender, the maximum penalty increases to a fine of up to $20 000 or 5 years imprisonment, or both [see ss 33D(a)(i); 33D(b)].
Sale of equipment to a child for use in connection with consumption of controlled drugs (and possession with intent to sell)
Under the Controlled Substances Act 1984 (SA) section 33GA it is an offence to:
Maximum penalty for a basic offence is a fine of up to $20 000 or imprisonment for 5 years, or both [s33GA(a)(ii)]. For an aggravated offence, or a basic offence where the offender is a serious drug offender, the maximum penalty is a fine of up to $30 000 or imprisonment for 7 years, or both [see ss 33GA(a)(i); s 33GA(b)].
Sale or supply of drug paraphernalia
Under section 9B Summary Offences Act 1953 (SA) 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.
Maximum penalty for sale or supply of prohibited item:
Maximum penalty for sale or supply of prohibited item to a minor:
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:
We embrace diversity and welcome all people, irrespective of culture, faith, sexual orientation and gender identity.
.png)
.jpg)
.jpg)
.jpg)
Legal Services acknowledges Aboriginal people as the Traditional Owners and ongoing occupants of the lands and waters in South Australia and we respect their spiritual, cultural and heritage beliefs. We recognise their continuing connection to land, water and community and pay our deep respect to Elders past and present.
.png)
.png)
