The penalty structure for trafficking [section 32 Controlled Substances Act 1984 (SA)] a controlled drug depends on the quantity of the drug. The higher the amount of the drug the higher the penalty. From 29 September 2022, but applying retrospectively, where there is no prescribed quantity of a drug or precursor in its pure form, the quantity of the mixed form will apply [Controlled Substances (Pure Amounts) Amendment Act 2022 (SA)].

Large Commercial Quantities

Offences involving large commercial quantities attract a maximum fine of $1 000 000 and/or life imprisonment [s 32(1)].

Commercial Quantities

Basic offences involving commercial quantities attract a maximum fine of $200 000 and/or 25 years imprisonment [s 32(a)(ii)]. Aggravated offences or a basic offence where the offender is a serious drug offender: $500 000 or imprisonment for life, or both [ss 32(2)(a)(i); 32(2)(b)].

Less than commercial quantities

If the quantity of drug is lower than the commercial quantity, then the penalty for a basic offence is a maximum fine of $50 000 and/or imprisonment for 10 years, or both [s 32(3)(a)(ii)].

Aggravated offences or a basic offence where the offender is a serious drug offender: $75 000 or imprisonment for 15 years, or both [ss 32(3)(a)(i); 32(3)(b)].

Trafficking in a prescribed area

A person convicted of trafficking controlled drugs in a prescribed area faces heavy penalties. A prescribed area includes:

Maximum penalty for a basic offence: $75 000 or imprisonment for 15 years, or both [s 32(2a)(a)(ii)];

Aggravated offence or a basic offence where the offender is a serious drug offender: $200 000 or imprisonment for 25 years, or both [s 32(2a)(a)(i); 32(2a)(b)].

See also the Duty Solicitor Handbook's section on Trafficking in Controlled Drugs.