skip to content

Refine results


Search by

Search by Algolia
Law Handbook banner image

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
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.