Microsoft word - controlled substances act as at march 2013.doc

CONTROLLED SUBSTANCES ACT 1984 (SA)
As at March 2013
Gaol terms are maximum and are in addition to any fine, court costs and levies
Maximum Penalties
General offences s 13-15 Manufacture, produce, package, sale, supply etc, unless MD or licensed s 17A(1) Manufacture, sell or supply a poison without permit from Minister (2) Possession of s17A precursor without a permit from the Minister (3) Sell a s17A precursor without producing a permit entitling person to possession s 17B(1) Sell a s17B precursor (exceptions) (2) Seller fails to keep records in relation to each sale (3) Seller fails to inform Commission of Police of suspicion that an order/enquiry for order of precursor may be connected to unlawful use (4) Seller fails to keep precursors in secure storage, fails to retain written authorisation allowing others to have access, fails check stock after each sale s 17C(1) Sell a s17C precursor to another person without duly completed end user (2) Seller fails to inform Commission of Police of suspicion that an order/enquiry for order of precursor may be connected to unlawful use s 18 (1) Unlawful sale, supply or administer a prescription drug (2) Non qualified professional prescribe a prescription drug (3) Possess prescription drug without authority s 18A(a1) Unauthorised person prescribes drug of dependence for person or animal (1) Registered health practitioner prescribes or supplies a drug s19(1)(2) Sell/supply volatile solvent, or purchase for another, if suspect for inhalation (3) Sell or supply volatile solvent to person under the prescribed age Prohibition of automatic vending machines (not yet in operation) Sell, supply, possess or administrate declared potentially harmful substance Sell or supply a prohibited poison, medicine or s 24-26 Offences of packaging, labelling, storage, transport etc Illegal use of prohibited poison, medicine or medical device s 30 (1) Forge, fraudulently alter or utter to obtain a prescribed drug (2) Obtain prescription drug by false representation (2a) Obtain prescription drug by false name and address ________________________________________________________________________________________________________________________________________ Offences relating to controlled drugs, precursors and plants
Trafficking in controlled drugs
S 32(1) Traffics in a large commercial quantity ((2a) Traffics in a controlled drug in a prescribed area re (3) if cannabis – dealt with in Magistrates court Magistrates court can divert to District Court for higher penalty.
Manufacture of controlled drugs
S 33(1) Manufactures a large commercial quantity for sale
Manufactures a commercial quantity for sale Sells a large commercial quantity of precursor Sells a commercial quantity of precursor (4)(5) Manufactures a controlled precursor Cultivation and sale of controlled plants

S 33B
Person who cultivates a large commercial quantity for sale Person who cultivates a commercial quantity for sale Person who cultivates a quantity for sale re (3) if cannabis – dealt with in Magistrates court Magistrates court can divert to District Court for higher penalty. Person who sells a large commercial quantity ________________________________________________________________________________________________________________________________________ re (3) if cannabis – dealt with in Magistrates court Magistrates court can divert to District Court for higher penalty. Part 2C – Cannabis Plants Large commercial
Sale of equipment for use in connection with consumption of controlled drugs
A person who sells or has possession of piece of equipment to sell S 33DA A person who sells or has possession of a document with instructions intending
Offences involving children and school zones

S 33E
Offences involving children and school zones Sells, supplies or administers a controlled drug to a child Sells, supplies or administers a controlled drug to a child in school zone S 33GA Sale of piece of equipment to child for use of controlled drug S 33GB Sells, or has possession of a document with instructions intending to sell, to a child, without reasonable excuse
Other offences

S 33I
Supplies, administers, possession of controlled drug - other than cannabis Supplies, administers, possession of controlled drug – cannabis s 33J(1) Person who manufactures a controlled drug (2) Possession of a controlled precursor or any prescribed equipment intending to Cultivates a controlled plant (other than cannabis), artificially enhanced cultivation of a cannabis plant, exceeds prescribed number of cannabis plants (5), cultivates a cannabis plant with intention to supply Cultivates not more than the prescribed number of cannabis plants (5) five Possession consumption etc of drug, or possession of equipment used in connection with consumption of drug – other than cannabis Possession consumption etc of drug, or possession of equipment used in connection with consumption of drug – cannabis Possession or supply of any prescribed equipment s 33LAB Possession or supply of a document containing instructions for the manufacture of a controlled drug or the cultivation of a controlled plant ________________________________________________________________________________________________________________________________________ s 33LB(1) Possession or supply of a prescribed quantity of a controlled precursor (2) Possession or supply of a prescribed quantity of a controlled precursor AND possession or supply of a prescribed quantity of another kind of controlled *ss 33LA – LB: Without reasonable excuse General provisions relating to offences
Aggregation of offences
33N
Offences involving more than one kind of substance
33O

Procedure in relation to simple possession offences
S 36 (1) Police must refer simple possession offenders to assessment service
S 36(3) The referral operates as a stay of proceedings for the alleged offence s 37(1) Assessment service must complete assessment expeditiously s 37(2)(a) Service may request medical records, drug treatment records, criminal records etc s 37(2)(c) Service may require medical examination s 37(3) Service must terminate referral if person fails to attend, referral is inappropriate, does not admit allegations, etc and may terminate if person fails to comply Person undertakes treatment or rehabilitation (up to 6 months) Person must be released from custody for assessment or undertaking Prosecution for simple possession offence cannot proceed unless referral has been terminated by service s40(2) Participation in an assessment or undertaking does not constitute an admission of guilt s40(3) If referral is terminated, evidence obtained by a service is inadmissible in Court s40(4) On expiry of undertaking, the person is immune from prosecution No unauthorised disclosure of confidential information ________________________________________________________________________________________________________________________________________
Other Offences, Penalties

S 44
Sentencing factors to be considered by a Court are - nature of substance,
quantity of substance, personal circumstances (ie. drug dependence), if sale etc.
whether commercial motives, whether in school zone or prescribed area etc.
Time limits for summary offences in which proceedings may be commenced (s 52 Summary Procedure Act 1921 (SA)) If expiation notice given, within 6 months of expiry of expiation period in notice If no expiation notice given, within 6 months of offence If offence not expiable, within 2 years of the date of the offence Expiation Notices

S 45A
Simple cannabis offences (see Expiation of Offences Act 1996 (SA))
(2) Power to issue notice for simple offences (not to a child) - 28 days to pay (7) Failure to issue EXP does not invalidate prosecution (8) Simple offence means less than prescribed quantities, or smoking/consumption, or less than 1 plants, but Amounts (Controlled Substances (General) Regulations 2000 (SA)) Schedule 5
Expiation fees
Offence arising out of the possession of cannabis— where the amount is 25g or more but less than 100g Offence arising out of the possession of cannabis resin— where the amount is 5g or more but less than 20g Offence arising out of the smoking or consumption of cannabis or cannabis resin (not being an offence committed in a public place or other prescribed place) Offence arising out of the possession of equipment (1 or more pieces) for use in connection with the smoking or consumption of cannabis or cannabis resin (not being an offence involving the possession of such equipment for commercial purposes) Offence referred to in item 4 accompanied by another simple cannabis offence relating to the possession, smoking or consumption of cannabis or cannabis resin Offence involving cultivation of 1 cannabis plant ________________________________________________________________________________________________________________________________________
Search and Seizure, Forfeiture and Analysis
Powers to search seize etc
(1 - 6) Very wide powers to enter, search and seize (but police still have powers under the Summary Offences Act 1953 (SA) to search person in custody)
General drug detection powers
S 52A
Special powers relating to drug transit routes
S 52B
General provisions relating to exercise of powers
S 52D Hinder, obstruct, refuse or fail to comply (SS 52, 52A or 52B.) Seized property and forfeiture
S 52E
Also forfeiture of substance and equip if offence is expiated (s 15(5) Expiation of Offences Act 1996 (SA)). If serious drug offence (i.e. trade), any ‘tainted property’ may be forfeited (Criminal Assets Confiscation Act 1996 (SA)). Miscellaneous
Breach licence, authority or permit under Act Breach prohibition by Minister as to supply, sale etc of substances Minister may publicise names (publish information) of persons seeking Doctor, Dentist, Vet, pharmacist, supplier fail to provide details of quantities, number and freq. that drug is prescribed, administered or supplied Divulging info. relating to trade processes obtained by administering Must not make a statement that is false or misleading ________________________________________________________________________________________________________________________________________
CONTROLLED SUBSTANCES (GENERAL) REGULATIONS 2000 (SA)
Schedule 1 - Controlled drugs

Part 1 – Controlled drugs other than drugs of dependence
Large Commercial Commercial Trafficable
commercial commercial
difuran-4-yl)-2-aminopropane (Bromo-Dragonfly) ________________________________________________________________________________________________________________________________________ including flowering and fruiting tops, leaves, seeds or stalks but not including oil or resin ________________________________________________________________________________________________________________________________________ hydroxy-7,8,9,10-tetrahydro-6, 6,9-trimethyl-6h-dibenzo (b,d) pyran (DMHP) ________________________________________________________________________________________________________________________________________ tetrahydro-6,6,9- trimethyl-6H-dibenzo (b,d)pyran 6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (HU-210) ________________________________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________________________________ diphenylpropane carboxylic acid (Moramide intermediate) ________________________________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________________________________ 1-(2-Phenylethyl)-4-phenyl-4-acetyloxypiperidine (PEPAP) ________________________________________________________________________________________________________________________________________ (a) included in Part 2 of this Schedule; (b) at a level not exceeding 50 mg/kg contained in hemp seed oil labelled "not for human internal use or consumption"; (c) at a level not exceeding 50 mg/kg contained in a product containing hemp seed oil designed for human external use only) Trifluoromethylphenyl)piperazine (TFMPP) Part 2—Drugs of dependence
________________________________________________________________________________________________________________________________________ monoacetylmorphine and heroin (diacetylmorphine/diamorphine)) phenylpiperidine (pethidine intermediate A) Dextropropoxyphene (except when included in schedule 4) ________________________________________________________________________________________________________________________________________ Dronabinol (delta-9-tetrahydrocannabinol) when prepared and packed for therapeutic use carboxylic acid (pethidine intermediate C) ________________________________________________________________________________________________________________________________________ noscapine in schedule 2 and papaverine when included in schedule 2 or 4) acid ethyl ester (pethidine intermediate B) ________________________________________________________________________________________________________________________________________ Schedule 2—Controlled precursors
Large commercial
Commercial (mixed)
________________________________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________________________________ methyl 3-[3'4'(methylene dioxy)phenyl]-2-methyl 0.4 L 3,4-Methylenedioxyphenylpropan-2-one (PMK) 1 L ________________________________________________________________________________________________________________________________________ Sodium bis(2-methoxyethoxy) aluminium hydride 0.2 kg
Schedule 3—Controlled plants
Part 1—Controlled plants other than cannabis plants
Large commercial
Commercial
Trafficable
any plant of the genus Erythroxylum P. 800kg Browne) from which cocaine can be extracted either directly or by chemical transformation, including Erythroxylum coca Lam and Erythroxylum nova-granatense plant weighs less than plant weighs less than ________________________________________________________________________________________________________________________________________ 100g—10 000 plants; or 100g—1000 plants; or 10g—100 plants; or plant weighs less than plant weighs less than 100g—10 000 plants; or 100g—1000 plants; or 10g—100 plants; or all fungi that contain PSILOCYBIN any plant containing MESCALINE including any plant of the genus Lophophora Salvia divinorum EPL. & Jativa (Diviners Sage) Mitragyna speciosa Korth (Kratom) any species of the genus Ephedra which 200kg any species of the genus Datura L Part 2—Cannabis plants
Large commercial
Commercial
Trafficable
any plant of the genus Cannabis L ________________________________________________________________________________________________________________________________________

Source: http://www.lawhandbook.sa.gov.au/media/Microsoft%20Word%20-%20Controlled%20Substances%20Act%20as%20at%20March%202013.pdf