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Drug Charges

There are laws in South Australia that regulate the manufacture, production, sale, supply and possession of drugs and other substances, including poisons.

When it comes to drug offences, there are different penalties depending on the type of drug and whether the possession or manufacture was for personal use or for distribution.

Is it an offence to possess prescription drugs?

It is a criminal offence to be in possession of prescription drugs that are not lawfully prescribed is a criminal offence.

Is it an offence to possess drugs for personal use?

It is an offence to have possession of a controlled drug for personal use. It is also an offence to have possession of any piece of equipment for use in connection with the smoking or consumption of a controlled drug.

Can I grow cannabis for personal use?

Cultivating (or growing) cannabis is illegal because cannabis is deemed to be a controlled plant under South Australian law. Cultivating cannabis is an offence that will require a person to attend Court. The penalty for cultivating cannabis will depend on the number of plants involved.

It is also an offence to be in possession of prescribed equipment to cultivate cannabis.

Is it an offence to give drugs to a friend?

It is a criminal offence to be in possession of a controlled drug with the intention to give or supply it to a friend, even if you intend to supply it free of charge. Possession with intent to supply is a major indictable offence. The manner in which the Court will deal with the offence depends on the person’s plea, criminal history, and the circumstances of the offence. For example, the Court will consider whether the matter can be negotiated so that it can be finalised in the Magistrates Court instead of the District Court.

What are the penalties for supplying drugs?

Whether a person is guilty of a personal use, supply or a more serious drug trafficking offence will depend on the quantity of the drug involved and the evidence obtained by police. While the supply of drugs is considered less serious than the sale of drugs, the maximum penalty does include imprisonment.

What are the penalties for drug trafficking?

The maximum penalties for drug trafficking are severe and include imprisonment. Penalties depend on:

  • The type of drug.
  • The quantity.
  • Where the drug was sold.

For offences that are commercial in nature, higher penalties are imposed. This is to deter others in the community from engaging in such activities.

The circumstances of the offence and the person’s personal circumstances will be taken into account by the Court when it is deciding whether the person is required to serve imprisonment or whether to impose a suspended sentence.

How do I get a lawyer for a drug charge?

You need to contact a specialist criminal defence lawyer to ensure that you get the right advice right from the start. At Websters Lawyers we have experienced criminal defence lawyers that offer a free first 20 minute consultation in which we can explain the Court process and the charge to you.

Call Wesbsters Lawyers on 8231 1363 to speak with a criminal defence lawyer and to arrange a free first appointment.

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