PRODUCTION, PROMOTION AND SALE OF CONTROLLED DRUG ALTERNATIVES

The following are offences under the Controlled Substances Act 1984 (SA):

  • Section 33LD – Intentional manufacture of controlled drug alternative;
  • Section 33LE – Promoting controlled drug alternative; and
  • Section 33LF – Manufacturing, packaging, selling or supplying substance promoted as controlled drug alternative.

These sections concern substances which either have, or were intended to have, or are promoted as having, pharmacological effects similar to a controlled drug. They are also about substances which are promoted as legal alternatives to a controlled drug, or are sold as controlled drugs but are actually different substances.

Under these sections, manufacturing includes taking part in the process. Taking part in a step in the process is broadly defined and includes things such as: getting together or hiding equipment, substances or materials; arranging or providing money to fund any part of the process; transporting and loading materials; and allowing a house to be used for the process [see further s 33LC(1)-(3)].

These offences can be committed even if the substance is marked ‘not for human consumption’, or similar labelling such as stating that it is not an alternative to a controlled drug [s 33LC(4)].

The Court can prohibit someone from running a business if they have been convicted of committing any of these offences in the course of running a business. The Court can also make other orders that it thinks is appropriate [see further s 33T].

Penalties:

  • s 33LD
    • Maximum penalty for a basic offence: $15 000 $20 000 or imprisonment for 5 years, or both [s 33LD(a)(ii)];
    • Maximum penalty for an aggravated offence or a basic offence where the offender is a serious drug offender: $30 000 or 7 years imprisonment, or both [ss 33LD(a)(i); 33LD(b)].
  • s 33LE
    • Maximum penalty for a basic offence: $10 000 or imprisonment for 2 years, or both [s 33LE(a)(ii)];
    • Maximum penalty for an aggravated offence or a basic offence where the offender is a serious drug offender: $20 000 or 5 years imprisonment, or both [ss 33LE(a)(i); 33LE(b)].
  • s 33LF
    • Maximum penalty for a basic offence: $15 000 $20 000 or imprisonment for 5 years, or both [s 33LF(a)(ii)];
    • Maximum penalty for an aggravated offence or a basic offence where the offender is a serious drug offender: $30 000 or imprisonment for 7 years, or both [ss 33LF(a)(i); 33LF(b)].

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