Depending on the particular drug and quantity of it, penalties for drug possession can vary significantly in South Australia.
For a ‘simple possession’ offence that is a first or second offence, a police officer must refer the person to a nominated assessment service. This is a lot of legal jargon which means that if you are caught with (for example) an ice pipe, you must be provided with a drug diversion. A drug diversion requires you to attend at educational seminar(s). This diversion process occurs instead of prosecution for eligible offences and offenders.
For a ‘simple cannabis offence’, an expiation notice must be issued before a prosecution can be commenced. This means (for example) if you are alleged to have grown one cannabis plant without artificially enhanced cultivation, you should be issued with an expiation notice. Payment of an expiation notice does not record a conviction on your criminal record, but a finding of guilt in a Court does.
If the amount of the drug is more significant, then a prosecution for Possession or Consumption of a Controlled Drug (contrary to Controlled Substances Act 1984 (SA) s 33L) may be commenced. Penalties for this offence include a maximum fine of $2,000.00 or imprisonment for two (2) years or both. For cannabis offences only, the maximum penalty is simply a fine of $2,000.00.
It is also an offence to possess or supply instructions for the manufacture of a controlled drug or cultivation of a controlled plant. Interestingly enough, this means a person can be prosecuted for having possession of instructions without even attempting to follow them. The penalty for this offence (contrary to Controlled Substances Act 1984 (SA) s 33LAB is a fine of up to $20,000.00 or imprisonment for five (5) years or both.
Penalties for more serious drug offences like trafficking (selling) or supplying to a child increase dramatically, some including life imprisonment.
If you are facing any type of drug related charge, it is important to seek legal advice from an experienced criminal lawyer to understand the penalties that might apply.
