Obtaining drugs by deception

The Controlled Substances Act 1984 (SA) [Part 4] also creates a number of offences for obtaining drugs by deception from legitimate sources, such as doctors, dentists, or pharmacists. This includes the use and possession of forged prescriptions. Generally these offences duplicate existing offences, such as the forging and altering of documents and obtaining by false pretences.

Possession without authority of prescription drugs

Under the Controlled Substances Act 1984 (SA) s 18(3), it is an offence to possess without authority substances declared to be 'prescription drugs'. It is also an offence to manufacture, prescribe, supply or administer a prescription drug (not being a drug of dependence) without the proper authority [s 18].

Maximum penalty: $10 000 fine or imprisonment for 2 years.

The 'Standard for the Uniform Scheduling of Drugs and Poisons' published by the Australian Health Ministers Advisory Council and updated from time to time lists these substances.

There is also a restriction of prescription or supply of certain drugs of dependence in certain circumstances [s 18A].

Sale or supply of volatile solvents (including nitrous oxide)

Another provision covers the sale or supply of volatile solvents where the seller suspects the buyer is intending to inhale the solvent or supply it to another to inhale [s 19].

Maximum penalty: $10 000 fine or imprisonment for 2 years.

Nitrous oxide must not be sold or supplied to a person under 18 years, and volatile solvents that are petroleum products must not be sold or supplied to a person under 16 years [see s 19(3); regulation 23(1a) of the Controlled Substances (Poisons) Regulations 2011 (SA)].

Maximum penalty: $10 000 fine

Regulation 23A of the Controlled Substances (Poisons) Regulations 2011 (SA) further regulates the retail sale of nitrous oxide- including a prohibition against its sale between the hours of 10:00pm and 5:00am on any day.

Drug paraphernalia

Under s 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:

for an individual - $10 000 or 2 years imprisonment

for a body corporate - $50 000

Maximum penalty for sale or supply of prohibited item to a minor:

for an individual - $20 000 or 2 years imprisonment

for a body corporate $100 000

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: