Drug Offences SA: Trafficking, Possession, Manufacturing and Penalties
Drug offences in South Australia
A drug charge in South Australia can mean anything from a referral to an assessment service to life imprisonment and the loss of almost everything the person owns. Talon Legal defends drug charges of every kind in the Magistrates, District and Supreme Courts, and acts in the confiscation proceedings that often follow. Book a same-day free 30-minute consultation or call (08) 7094 2021 now.
Drug offences SA key facts
| Issue | Position in South Australia |
|---|---|
| Governing law | Part 5 of the Controlled Substances Act 1984 (SA), version in force from 1 July 2026. Quantities are set by the Controlled Substances (Controlled Drugs, Precursors and Plants) Regulations 2014 (SA), version in force from 27 June 2024. |
| Main offences | Trafficking (section 32), manufacture (sections 33 and 33J), precursor offences (sections 33A and 33LB), supply (section 33I), and possession and use (section 33L). Cannabis cultivation offences are covered on the cannabis pages. |
| Quantity tiers | Trafficable, commercial and large commercial quantities, prescribed for each drug. |
| Presumptions | Possession or manufacture of a trafficable quantity is presumed to be for sale in the absence of proof to the contrary (sections 32(5) and 33(4)). |
| Penalty range | From $2,000 or 2 years for possession (section 33L(1)) to $1,000,000 or life for large commercial quantities, and for supplying a child or supplying in a school zone. |
| Serious drug offenders | People with qualifying prior drug convictions within 10 years face higher maximums (section 4). |
| Police diversion | Simple possession offences must be referred to an assessment service unless an exclusion applies (sections 34 and 36). |
| Sentencing | All controlled drugs other than cannabis are treated as equally very harmful (section 44(2)). |
| Property | Drug offences can lead to restraint and forfeiture. A conviction for a commercial drug offence forfeits almost all of the offender's property (Criminal Assets Confiscation Act 2005 (SA), sections 6A and 56A). |
| First step | Same-day free 30-minute consultation. Call (08) 7094 2021. |
Charged with a drug offence? Where to start
Part 5 of the Controlled Substances Act 1984 (SA) sets out the drug offences. This guide explains drug offences SA law: how the charges are structured, what the prosecution must prove, the quantity tiers and presumptions, penalties, diversion, sentencing and confiscation. It states the law current to 5 November 2026.
Most drug charges turn on four questions: what the drug is, how much there was, what the person intended to do with it, and whether they possessed it in law. The answers decide the charge, the court, the maximum penalty and whether property is at risk.
Free Consultation. What is said to police on the day of a search often decides the case. Book a same-day free 30-minute consultation or call (08) 7094 2021.
On this page
- Which drug charge are you facing?
- How are drug offences structured?
- What must the prosecution prove?
- How do the quantity tiers work?
- When is a drug presumed to be for sale?
- Who is a serious drug offender?
- How are drug offences sentenced?
- How is cannabis treated differently?
- Can police search for drugs without a warrant?
- What happens to property after a drug charge?
- What has changed recently?
- How similar cases tend to play out
- How we defend drug charges
- Drug offences case law
- Frequently asked questions
Which drug charge are you facing?
Start with the charge on the paperwork. Each guide covers the provisions, the cases and the practical steps for that offence.
Selling and making
Drug trafficking
Section 32. Selling, possessing for sale and taking part in sale, graded by quantity.
Manufacturing drugs and precursors
Sections 33, 33A, 33J and 33LB. Drug laboratories, steps in manufacture, precursors and equipment.
Possession and diversion
Drug possession
Section 33L. What possession means, drugs in shared houses and cars, and searches.
Police drug diversion
Sections 34 to 40B. Mandatory referral to an assessment service for simple possession offences.
Cannabis and property
Cannabis offences
Cultivation, possession, sale of plants and equipment, and cannabis oil and resin.
Criminal assets confiscation
Restraining orders, forfeiture after conviction and prescribed drug offenders.
How are drug offences structured?
The Act grades drug offences by what the person did and how much drug was involved. These are the maximum penalties for a person who is not a serious drug offender:
| Offence | Section | Maximum penalty |
|---|---|---|
| Possessing or using a controlled drug other than cannabis, or equipment for it | Section 33L(1) | $2,000 or 2 years |
| Possessing or using cannabis, cannabis resin or cannabis oil | Section 33L(2) | $2,000 |
| Supplying a controlled drug other than cannabis | Section 33I(1) | $50,000 or 10 years |
| Supplying cannabis | Section 33I(2) | $15,000 or 3 years |
| Trafficking, any quantity | Section 32(3) | $50,000 or 10 years |
| Trafficking in a prescribed area | Section 32(2a) | $75,000 or 15 years |
| Trafficking a commercial quantity | Section 32(2) | $200,000 or 25 years |
| Trafficking a large commercial quantity | Section 32(1) | $1,000,000 or life |
| Manufacture | Section 33J(1) | $30,000 or 7 years |
| Possessing a precursor or prescribed equipment intending to manufacture | Section 33J(2) | $20,000 or 5 years |
| Manufacture for sale, any quantity | Section 33(3) | $50,000 or 10 years |
| Manufacture for sale, commercial quantity | Section 33(2) | $200,000 or 25 years |
| Manufacture for sale, large commercial quantity | Section 33(1) | $1,000,000 or life |
| Selling, supplying or administering a controlled drug to a child | Section 33F | $1,000,000 or life |
| Selling, supplying or administering a controlled drug in a school zone | Section 33G | $1,000,000 or life |
Serious drug offenders and aggravated offences carry higher maximums for most of these offences. The drug trafficking guide sets out the full table for trafficking, and the manufacturing guide for manufacture and precursors.
Trafficking means selling a controlled drug, having possession of it intending to sell it, or taking part in the process of its sale (section 4). Selling includes offering or agreeing to sell. Supply means providing or distributing, or offering to, without any sale. Manufacture means any process by which a drug is extracted, produced or refined, or taking part in that process.
What must the prosecution prove?
Every drug charge has its own elements, but these questions arise in almost all of them:
| Question | What the law says | Source |
|---|---|---|
| Is it a controlled drug? | Usually proved by analysis, but whether a substance is a particular drug is a question of fact that can be proved in other ways | McLeod v Police [53] to [56] |
| Did the person possess it? | Knowledge of the drug and an intention to control it to the exclusion of others; being in a position to control it is not enough | Police v Measey [50] to [51]; section 4 |
| Did they know it was a drug? | Knowledge or recklessness that the substance was a controlled substance, but not its identity or quantity | Section 33P(1) and (2) |
| Was it for sale? | For trafficking and manufacture for sale, an intention or purpose of sale, presumed from a trafficable quantity | Sections 32(5) and 33(4) |
| How much was there? | The quantity decides the tier, measured as the charge alleges: pure drug, mixture or dosage units | Section 33OA |
Possession. In Police v Measey [2017] SASC 194, Peek J said the critical question is whether the person had a conscious mental recognition of the drug’s presence and an intention to control it, not whether they were in a position to control it ([50] to [51]). In R v GNN [2000] SASC 447, the Court of Criminal Appeal held that occupying a house where drugs were found was not of itself enough to prove possession ([18]). The drug possession guide explains how this works for shared houses and cars.
Knowledge and intention. In Kingston (a pseudonym) v The Queen [2022] SASCA 90, the Court of Appeal said knowledge or recklessness that a substance is a controlled substance suffices, without knowledge of its identity ([46]). It also concluded that a jury had been wrongly told that steps taken while reckless about a likely sale were enough for attempted trafficking ([39]).
Identity of the drug. In McLeod v Police [2019] SASC 69, the Supreme Court accepted that cannabis could be identified from an experienced officer’s unchallenged evidence ([53] to [56]). Most cases rely on laboratory analysis, which also gives the weight and purity.
How do the quantity tiers work?
Schedule 1 of the Controlled Substances (Controlled Drugs, Precursors and Plants) Regulations 2014 (SA) prescribes three quantities for each drug:
| Drug | Trafficable quantity | Commercial quantity | Large commercial quantity |
|---|---|---|---|
| Methylamphetamine (ice) and amphetamine | 2 grams | 100 grams pure or 500 grams mixed | 750 grams pure or 1 kilogram mixed |
| MDMA (ecstasy) | 2 grams | 100 grams pure or 500 grams mixed | 750 grams pure or 1 kilogram mixed |
| Cocaine | 2 grams | 100 grams pure or 200 grams mixed | 750 grams pure or 1 kilogram mixed |
| Heroin | 2 grams | 100 grams pure or 200 grams mixed | 750 grams pure or 1 kilogram mixed |
| Ketamine | 6 grams | 500 grams | 2 kilograms |
| GHB | 50 grams | 500 grams | 2 kilograms |
| Cannabis plants | 10 plants | 20 plants | 100 plants |
The trafficable quantity triggers the presumptions of sale. The commercial and large commercial quantities decide which trafficking or manufacturing offence is charged.
Pure or mixed. Where more than one measure is prescribed, the measure that applies is the one the charge alleges (section 33OA(1)). Since 29 September 2022, a drug is taken to be contained in a mixture unless it is proved beyond reasonable doubt that it was not, or that it was pure (section 33OA(3)).
Separate deals added together. Offences involving different batches can be charged as one offence, with the quantities added, if committed on the same occasion, within 7 days of each other, or in the course of an organised commercial activity (section 33N).
Quantity is not everything. In R v Kong [2013] SASCFC 15, the Court of Criminal Appeal said minor involvement in a major enterprise may lead to a sentence in a lower range, and that the quantity charged may be a matter of happenstance ([86] to [87]).
When is a drug presumed to be for sale?
Two presumptions shift the burden once a trafficable quantity is proved:
- Trafficking. If possession of a trafficable quantity is proved, the person is presumed to have had the intention or purpose of sale the charge requires, in the absence of proof to the contrary (section 32(5)).
- Manufacture. If manufacture of a trafficable quantity is proved, or an attempt or conspiracy to manufacture one, the person is presumed to have had the intention or belief about sale, in the absence of proof to the contrary (section 33(4)).
The prosecution must first prove possession or manufacture of that quantity. The person can then try to prove the drug was not for sale, usually with evidence of their own use, their finances and the absence of the usual signs of dealing. The drug trafficking guide explains how courts have treated rebuttal.
Below a trafficable quantity there is no presumption, but an intention to sell can still be inferred from deal bags, scales, cash or messages (McLeod [45], [47]).
Who is a serious drug offender?
A person is a serious drug offender if, within 10 years before the offence, they were convicted of two or more offences against Divisions 2 or 3 of Part 5 (other than Subdivision 4 of Division 2), or of three or more other Part 5 offences, arising from separate incidents (section 4). The three-offence limb does not count the offences the definition excludes, such as possession under section 33L.
For a serious drug offender the maximums rise. Trafficking any quantity carries $75,000 or 15 years instead of $50,000 or 10 years, and trafficking a commercial quantity carries $500,000 or life instead of $200,000 or 25 years (section 32).
Aggravated offences. An offence is aggravated if it was committed for the benefit of, at the direction of, or in association with a criminal organisation, or by a person who identifies as belonging to or associated with one (section 43). The circumstances of aggravation must be stated in the charge, and aggravated offences carry the higher maximums.
How are drug offences sentenced?
Section 44(1) lists the matters a court must consider:
| Matter | Section |
|---|---|
| The nature of the drug, subject to the equal harm rule for drugs other than cannabis | Section 44(1)(a) and (2) |
| The quantity | Section 44(1)(b) |
| The person's circumstances, including their own drug use | Section 44(1)(c) |
| For trafficking and similar offences, any commercial or other motive, and the likely financial gain unless it is the subject of a confiscation application | Section 44(1)(d) |
| For manufacture for sale, whether a child was present | Section 44(1)(daa) |
| For some supply offences, whether the offence was in a school zone or other prescribed place | Section 44(1)(da) |
| Any other relevant factor | Section 44(1)(e) |
Equal harm. For drugs other than cannabis, relative harm is not relevant; all are treated as equally very harmful (section 44(2)). In R v Young [2016] SASCFC 102, the majority said this is limited to the physiological effects of drugs ([43]).
The Young standard. In Young, a 3:2 majority of the Court of Criminal Appeal said four to seven years remains appropriate for street-level traffickers motivated to a greater or lesser extent by profit ([66]). Less than four years may suit a first offender with an all-consuming addiction who has voluntarily begun withdrawing ([67]), and sentences approaching the 10-year maximum are reserved for middle-order and persistent dealers ([68]).
Profit and commerciality. In Cocks v The Queen [2022] SASCA 21, the Court of Appeal distinguished selling to fund a habit from commerciality, meaning profit over and above the costs of addiction ([54]). It said the Young standard is not a tariff ([61]), and that a commercial motive had not been proved beyond reasonable doubt in that case ([62]).
Deterrence. The Court of Criminal Appeal has said general deterrence must be given great weight for commercial drug dealers (Kong [90]; R v Donald [2016] SASCFC 117 at [91]). In Donald it described methylamphetamine as readily available, addictive and very harmful ([87]).
How is cannabis treated differently?
Cannabis has its own rules at almost every step:
- possession or use of cannabis carries a maximum fine of $2,000, with no imprisonment (section 33L(2));
- cannabis possession is not a simple possession offence, so it is not referred to police drug diversion (section 4);
- a basic trafficking offence involving only cannabis, resin or oil is dealt with in the Magistrates Court unless a penalty above 5 years may be warranted (section 32(4));
- the equal harm rule in section 44(2) does not apply to cannabis products, and a sentence for trafficking cannabis is likely to be lower than one for other drugs (Donald [90]); and
- cultivation is measured in plants: 10 plants is a trafficable quantity, 20 a commercial quantity and 100 a large commercial quantity.
The cannabis offences hub covers each cannabis offence in detail, and the cannabis possession guide covers possession.
Can police search for drugs without a warrant?
Yes, on reasonable suspicion. A police officer may search any person reasonably suspected of having a controlled substance or equipment in breach of the Act (section 52(6)). An officer who reasonably suspects that evidence of an offence against the Act is in a vehicle, vessel or aircraft may stop, detain and search it (section 52(9)). Drug detection dogs and electronic systems may be used (section 52(11)).
A suspicion is less than a belief, but it must be objectively reasonable on what the officer knew, and it need not turn out to be right (R v Rogers [2011] SASC 40 at [18] to [21]). The drug possession guide explains what has and has not been enough.
What happens to property after a drug charge?
Indictable drug offences are serious offences under the Criminal Assets Confiscation Act 2005 (SA), including those that must be dealt with in the Magistrates Court (section 3). Once a person is charged, the court must restrain specified property of that person on the application of the Director of Public Prosecutions (section 24).
Two outcomes matter most:
- Six months after conviction. Restrained property is forfeited at the end of the relevant period after conviction unless an exclusion application has been made in time and succeeds (sections 74 to 76).
- Prescribed drug offenders. A conviction for a commercial drug offence, or a third serious drug offence within 10 years, makes the person a prescribed drug offender, and all their property other than protected property is forfeited (sections 6A and 56A).
In Donnelly v Director of Public Prosecutions (SA) [2024] SASCA 45, Kourakis CJ described the manifest purpose of section 56A as punishing prescribed drug offenders severely by forfeiture of all their property, however acquired ([13]). The criminal assets confiscation guide explains restraint, deadlines and exclusion.
What has changed recently?
- 1 July 2025. Section 6A(2)(c) of the Criminal Assets Confiscation Act 2005 now says expressly that convictions in the same proceedings count towards prescribed drug offender status.
- 26 May 2025. Section 33P was amended. In its current form it says the prosecution need not prove knowledge or recklessness as to the particular identity or quantity of the substance (section 33P(2)), and it applies to attempts (section 33P(3)).
- 29 September 2022. Section 33OA(3), on drugs taken to be in a mixture, was inserted, and the definition of a prescribed quantity in section 33LB(5) was amended.
- 21 November 2021. Section 35 was deleted and section 38(2) amended, in the diversion provisions.
- 1 April 2019. The Statutes Amendment (Drug Offences) Act 2018 amended sections 32, 33, 33A, 33I, 33J, 33L(2), 33LAB, 33LB, 34(1) and 44.
- 29 February 2016. Section 34, which sets out who is excluded from diversion, was substituted.
Amendments to sections 54C and 54D(5), about youth treatment orders, made by the Children and Young People (Safety and Support) Act 2025, had not commenced on 5 November 2026 and are not reflected on this page.
How similar cases tend to play out
Three illustrations of how the Act applies on ordinary facts. They are not predictions. The result depends on the evidence, the quantity, the person’s record and the court.
Lower range. A 22-year-old with no history is found with one gram of cocaine at a bar. This is a simple possession offence, so police must refer him to an assessment service (section 36). If he enters into an undertaking and it runs its course, the complaint is withdrawn and he cannot be prosecuted for that offence (sections 38 and 40(4)).
Middle range. A woman is found with 6 grams of methylamphetamine in deal bags, scales and a phone full of messages about prices. Six grams is more than the trafficable quantity, so section 32(5) presumes it was for sale, and the charge is trafficking under section 32(3). If she is addicted and selling to support her own use, the distinction in Cocks between funding a habit and commerciality, and the Young standard, frame the sentencing argument.
Upper range. A man is caught with 800 grams of methylamphetamine mixture he was holding for a supplier. Storing for the purpose of sale is taking part in the process of sale, and 800 grams of mixture is a commercial quantity, so the charge is under section 32(2). If convicted, he becomes a prescribed drug offender, and his house, car and savings are forfeited under section 56A, however they were acquired.
How we defend drug charges
Drug cases are won and lost on detail: the search, the analysis, the quantity, the messages and the possession evidence. We test each one before advising on a plea.
| Stage | What happens | What we do |
|---|---|---|
| Search and arrest | Police search under section 52, seize drugs, phones and cash, and seek an interview. | Advise before any interview, and test whether the search was lawful. |
| Charge and bail | The charge names the drug, the quantity and the offence. | Check the particulars, any aggregation, and whether diversion should have applied; apply for bail where needed. |
| Disclosure | Analysis certificates, phone downloads, surveillance and statements. | Test weight, purity, possession and the evidence said to show sale. |
| Negotiation | The prosecution may accept a lesser quantity or a lesser offence. | Put the weaknesses in the case and the evidence that rebuts any presumption to the prosecution. |
| Trial or plea | A contested hearing or trial, or a plea of guilty. | Run the defence, or present addiction, rehabilitation and the absence of commerciality at sentence. |
| Property | Restraint and forfeiture under the Criminal Assets Confiscation Act 2005. | Protect property that can be protected, and meet every deadline. |
We cannot promise a particular result, and no lawyer can. We can make sure every element is tested and the court hears the full picture.
Every hour matters. Book a same-day free 30-minute consultation, or call (08) 7094 2021 now.
Drug offences case law
These are the leading South Australian decisions across the drug offence guides. Each guide sets out the cases on its topic in more detail.
| Case | Court | Principle | Pinpoint |
|---|---|---|---|
| R v Young [2016] SASCFC 102 | Court of Criminal Appeal | Four to seven years for profit-motivated street-level traffickers (3:2 majority); equal harm rule limited to physiological effects | [43], [65] to [70] |
| Cocks v The Queen [2022] SASCA 21 | Court of Appeal | Funding a habit distinguished from commerciality; Young is not a tariff | [54], [59] to [62], [73] |
| R v Kong [2013] SASCFC 15 | Court of Criminal Appeal | Role and happenstance of quantity; general deterrence for commercial dealers | [86] to [90] |
| R v Donald [2016] SASCFC 117 | Court of Criminal Appeal | Methylamphetamine very harmful; cannabis sentences likely lower | [87] to [92] |
| Kingston (a pseudonym) v The Queen [2022] SASCA 90 | Court of Appeal | Recklessness about sale is not intention; knowledge that a substance is controlled suffices | [39], [46] |
| Police v Measey [2017] SASC 194 | Supreme Court | Possession needs knowledge and an intention to control | [46], [50] to [51] |
| R v GNN [2000] SASC 447 | Court of Criminal Appeal | Occupying the house is not enough to prove possession | [18], [20] to [26] |
| R v Vaccaro [2017] SASCFC 10 | Full Court | Manufacture is a process; batches; complete or incomplete offence | [41] to [43] |
| Donnelly v Director of Public Prosecutions (SA) [2024] SASCA 45 | Court of Appeal | Forfeiture of all property of prescribed drug offenders | [13], [15], [23] |
| R v Rogers [2011] SASC 40 | Supreme Court | What makes a suspicion reasonable for a drug search | [18] to [22], [27] |
Case notes
R v Young [2016] SASCFC 102
A five judge Court of Criminal Appeal allowed a prosecution appeal against sentences for trafficking. Kourakis CJ, with Vanstone and Stanley JJ agreeing, said four to seven years remains appropriate for traffickers motivated to a greater or lesser extent by profit, that less than four years may suit an addicted first offender who has begun withdrawing, and that sentences near the 10-year maximum are reserved for middle-order and persistent dealers ([65] to [68]). The majority said section 44(2) is limited to the physiological effects of drugs ([43]). Blue J, with Doyle J agreeing, would have adopted a different standard ([216], [233]).
Cocks v The Queen [2022] SASCA 21
The Court of Appeal distinguished making a profit, as by selling to fund a habit, from commerciality, being profit beyond the costs of addiction ([54]), and said Young’s reference to profit-motivated offenders generally refers to the latter ([59]). The Young standard is not a tariff ([61]). A commercial motive was not proved beyond reasonable doubt ([62]), and the offender was resentenced to 2 years 10 months and 8 days, with a non-parole period of 1 year 4 months, suspended on a bond ([73]).
R v Kong [2013] SASCFC 15
The Court of Criminal Appeal said minor involvement in a major trafficking enterprise may place a sentence in a lower range, and that the quantity charged may be happenstance ([86] to [87]). It said general deterrence must be given great weight for commercial drug dealers ([90]). Permission to appeal was refused in the residual discretion, although the head sentence was considered manifestly inadequate ([93], [96] to [105]).
R v Donald [2016] SASCFC 117
Resentencing three men who supplied methylamphetamine and cannabis through a regional network, the Court of Criminal Appeal said methylamphetamine is readily available, addictive and very harmful ([87]), and that a cannabis sentence is likely to be lower than for other drugs ([90]). It repeated that general deterrence carries great weight for commercial dealers ([91]), and that offenders are punished only for the offences charged, seen in their wider context ([92]). The appeals were allowed ([110] to [113]).
Kingston (a pseudonym) v The Queen [2022] SASCA 90
On appeals against convictions for attempted trafficking in butanediol, the Court of Appeal concluded that the jury had been wrongly directed that steps taken while reckless about a likely sale were enough ([39]). It said knowledge or recklessness that a substance is a controlled substance suffices, without knowledge of its identity ([46]). The appeals were allowed on the meaning of mixture, and retrials ordered on attempted trafficking under section 32(3) ([85] to [92]).
Police v Measey [2017] SASC 194
Peek J said possession requires a conscious mental recognition of the drug’s presence and an intention to control it to the exclusion of others, and that being in a position to control it is not enough ([46], [50] to [51]). A passenger’s possession of cannabis in a shared car was not proved, and the finding of guilt was quashed ([55]).
R v GNN [2000] SASC 447
Doyle CJ, with Prior and Olsson JJ agreeing, held that occupying the house where heroin was found was not of itself enough to prove possession ([18]). The jury had to be told that knowledge was not enough and that exclusive possession by one of the others present had to be excluded ([20], [24] to [26]). The conviction was set aside and a retrial ordered ([39]).
R v Vaccaro [2017] SASCFC 10
The Full Court said manufacture of methylamphetamine is a process in which a person can take part continuously, intermittently or by a single act, but the facts must establish one manufacture ([41]). Several batches may form one offence ([42]), and a commercial quantity offence may be complete or incomplete, provided the process would result in a commercial quantity ([43]). The appeal was dismissed ([61] to [62]).
Donnelly v Director of Public Prosecutions (SA) [2024] SASCA 45
Kourakis CJ, with Doyle JA agreeing, said section 56A is meant to punish prescribed drug offenders severely by forfeiture of all their property, however acquired ([13]). The conditions for prescribed drug offender status are tested at the moment of conviction ([15]), and all the appellant’s property on that day was forfeited ([23]). The declaration was varied to except a bank’s registered mortgage interest ([24] to [25]); Blue AJA dissented.
R v Rogers [2011] SASC 40
Duggan J said a reasonable suspicion is less than a belief but must be objectively reasonable on the circumstances known to the officer, and need not be well founded ([18] to [21]). It may rest on observations and reported information ([22]). The driver’s nervousness, sweating and apparent drug affectation were sufficient, and the application to exclude the evidence of the vehicle search was refused ([27], [36]).
Frequently asked questions
What are the main drug offences in SA?
Trafficking (section 32), manufacture (sections 33 and 33J), precursor offences (sections 33A and 33LB), supply (section 33I) and possession or use (section 33L) of the Controlled Substances Act 1984, together with the cannabis cultivation offences.
What is the penalty for drug possession in SA?
For a controlled drug other than cannabis, the maximum is $2,000 or 2 years, or both (section 33L(1)). For cannabis, cannabis resin or oil, the maximum is a $2,000 fine (section 33L(2)).
What is the penalty for drug trafficking in SA?
For a person who is not a serious drug offender, up to $50,000 or 10 years for any quantity, $200,000 or 25 years for a commercial quantity, and $1,000,000 or life for a large commercial quantity (section 32).
What is a trafficable quantity?
It is the amount prescribed for each drug that triggers the presumption of sale. It is 2 grams for methylamphetamine, amphetamine, MDMA, cocaine and heroin, 6 grams for ketamine, 50 grams for GHB and 10 cannabis plants.
Can I be charged with trafficking without selling anything?
Yes. Possessing a drug intending to sell it, or taking part in a step in the process of sale such as storing, transporting or packaging it for that purpose, is trafficking (section 4).
Is giving drugs to a friend an offence?
Yes. Giving a drug away is supply, which carries up to $50,000 or 10 years for drugs other than cannabis and $15,000 or 3 years for cannabis (section 33I). If anything is given in return, it can be a sale.
What is a serious drug offender?
A person with qualifying drug convictions within the previous 10 years: two or more of the more serious offences, or three or more of most other drug offences, arising from separate incidents (section 4). Serious drug offenders face higher maximum penalties.
Do police have to offer drug diversion?
For a simple possession offence, a police officer must refer the person to an assessment service unless an exclusion applies (sections 34 and 36). It does not apply to cannabis, to children, or to people referred twice in the previous four years.
Are all drugs treated the same at sentencing?
All controlled drugs other than cannabis are treated as equally very harmful (section 44(2)). Courts can still distinguish offences on other grounds, such as quantity, role and motive, and cannabis sentences are likely to be lower.
Will I go to jail for a drug offence?
It depends on the offence, the quantity, the person’s record and their circumstances. Many possession matters never reach court because of diversion. For street-level trafficking motivated by profit, the Court of Criminal Appeal has said four to seven years remains appropriate, with less for an addicted first offender who has begun withdrawing.
Can police search me for drugs without a warrant?
Yes, if an officer reasonably suspects you have a controlled substance or equipment in breach of the Act (section 52(6)). A vehicle can be stopped and searched on reasonable suspicion that evidence of an offence is in it (section 52(9)).
Can my property be taken after a drug charge?
It can be restrained once a charge is laid, and forfeited after conviction. A conviction for a commercial drug offence forfeits all the offender’s property other than protected property (sections 6A and 56A of the Criminal Assets Confiscation Act 2005).
Is cannabis treated differently?
Yes. Cannabis possession carries a fine only and is not part of police diversion, basic cannabis trafficking stays in the Magistrates Court unless more than 5 years may be warranted, and the equal harm rule does not apply to cannabis.
Do I need a lawyer for a drug charge?
Drug charges involve presumptions, quantity rules and confiscation deadlines that decide outcomes early. We can advise on the charge, bail and any property at risk at the first appointment. Call (08) 7094 2021.
South Australian courts we attend for drug charges
We defend drug charges in the Adelaide Magistrates Court, the suburban and regional Magistrates Courts listed below, and the District and Supreme Courts.
Courts we attend
Book a same-day free 30-minute consultation or call (08) 7094 2021.