TRAFFICKING OF A CONTROLLED DRUG

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.

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:

  • Licensed premises (e.g. a hotel licence, restaurant licence, entertainment venue licence, or special circumstances licence with extended trading authorisation, casino licence)
  • An area being used in connection with the licensed premises (e.g. car park)
  • Premises at which members of the public are gathered for public entertainment or an area being used in connection with the premises (e.g. an area where people are queuing to enter the premises)

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.

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