Drug Possession Lawyers South Australia
What the Offence Is
Possession of a controlled drug is a criminal offence under SouthAustralian law. The Controlled Substances Act 1984 (SA) regulates thepossession, manufacture, sale, and distribution of controlled drugs. A "controlled drug" refers to substances listed in the Controlled Substances (Controlled Drugs, Precursors and Plants) Regulations 2014, which include drugs of dependence such as methamphetamine, heroin, MDMA (ecstasy), and cocaine.
Under section 33L of the Controlled Substances Act 1984, it is an offence for a person to:
- Be in possession of a controlled drug;
- Smoke, consume, or administer a controlled drug;
- Possess equipment used for the consumption or preparation of a controlled drug.
Possession means having the drug on your person, in your home, or under your control (such as in a vehicle or storage locker).
Why you Need Legal Advice
Being charged with possession of a controlled drug is serious and canimpact your future. If you or a loved one is facing drug possession charges, it is critical to seek expert legal advice. Stanley & Co Lawyers can help you understand your options and build a strong defence.
Call Stanley & Co Lawyers today on 08 7001 6135 to book your complimentary 30-minute consultation with an experienced Criminal Lawyer. Don't risk your future - get expert legal advice now!
Helpful Questions & Answers
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What the Prosecution Needs to Prove
For a conviction, the prosecution must prove beyond a reasonable doubt that:
- The substance is a controlled drug – The prosecution must show that the substance in question is a "controlled drug" as defined in the regulations.
- The accused had possession – This can be through direct possession (on the person) or constructive possession (in a place under their control).
- Knowledge – The accused must have known, or at least been reckless as to, the presence of the drug.
- No lawful authority – The possession must not be authorised by a valid prescription or licence.
If the accused had a "trafficable quantity", the law maypresume they intended to sell or distribute the drug unless proven otherwise.
The Relevant Court
Possession of a controlled drug is generally prosecuted in the Magistrates Court when it is a simple possession offence. However, if the offence involves large quantities or is linked to supply or trafficking, it maybe escalated to the District Court as an indictable offence.
What Defences are Available
A person charged with possession of a controlled drug may rely on several defences, including:
- Lack of knowledge – If the accused was unaware of the presence of the drug, they may argue they did not knowingly possess it.
- Lawful authority – If the drug was prescribed by a doctor and possessed lawfully.
- Lack of possession – If the drugs were found in a shared space without evidence linking them to the accused.
- Duress – If the accused was forced to hold the drug under threat of harm.
- Honest mistake – If they genuinely believed the substance was not a controlled drug.
What are the Maximum Penalties for the Offence
The penalties for possession of a controlled drug depend on the type and quantity of the drug:
- Basic possession: Maximum penalty of $2,000 fine or 2 years imprisonment.
- Possession of cannabis, cannabis resin, or cannabis oil: Maximum penalty of $2,000 fine (no imprisonment for simple offences).
- Possession of a "trafficable quantity": Presumed intent to sell, which carries significantly higher penalties.
- Aggravated possession (e.g., in a school zone or involving a child): Higher penalties may apply.
A conviction for drug possession can have serious long-termconsequences, including a criminal record, restrictions on travel and employment, and potential licence disqualification.
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