Drug Equipment Possession Offences in South Australia
What the Offence Is
Under section 33LA of the Controlled Substances Act 1984 (SA), it is an offence to possess or supply prescribed equipment without a reasonable excuse. This law is designed to prevent the manufacture and cultivation of controlled substances, particularly illicit drugs.
"Prescribed equipment" refers to specific tools or devices that are commonly used in the cultivation of cannabis or the manufacture of controlled drugs. These include, but are not limited to:
- Hydroponic , equipment such as high-powered lights, ballast boxes, carbon filters, and cannabis bud strippers.
- Laboratory equipment used in drug manufacturing, including condensers, rotary evaporators, distillation heads, heater-stirrers, and tablet presses.
If you are found in possession of such equipment and cannot provide a lawful reason, you may be charged with an offence.
Why you Need Legal Advice
Being convicted of possessing prescribed equipment can have serious consequences, including a criminal record, financial penalties, and potential imprisonment. This can impact your employment, travel opportunities, and reputation.
If you have been charged with this offence, it is crucial to seek legal advice immediately. Contact Stanley & Co Lawyers at 08 7001 6135 to speak with an expert Criminal Lawyer. We offer a complimentary 30-minuteno-obligation first consultation to discuss your case and legal options.
Helpful Questions & Answers
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What the Prosecution Needs to Prove
To secure a conviction for possession of prescribed equipment, the prosecution must establish the following elements beyond a reasonable doubt:
- The accused had possession of prescribed equipment – This means the person had physical control over the item, either on their person, in their home, or at another location under their control.
- The equipment is prescribed under the law – The item must be one of those explicitly listed in the regulations as being used for drug cultivation or manufacturing.
- The accused did not have a reasonable excuse – The burden of proving a lawful reason (such as legitimate industrial, agricultural, or scientific use) rests with the accused.
The Relevant Court
Cases involving possession of prescribed equipment are typically heard in the Magistrates Court of South Australia, as they areconsidered summary offences unless there are aggravating factors. However, if the offence is linked to a serious drug-related crime, it may be dealt with in the District Court.
What Defences Are Available
Several defences may be available to a person charged with possession of prescribed equipment, including:
- Lack of possession – If the accused did not have actual possession or control of the equipment.
- Lawful use or reasonable excuse – If the equipment was legitimately used for a lawful purpose, such as agricultural, industrial, or research applications.
- Lack of knowledge – If the accused was unaware that they were in possession of the equipment or that it was classified as prescribed under the law.
- Improper police procedure – If law enforcement officers failed to follow legal procedures in obtaining evidence, leading to potential exclusion of evidence in court.
Maximum Penalties for the Offence
The penalties for possession of prescribed equipment vary depending on whether the offence is considered a basic or aggravated offence:
- Basic offence:
- Up to $10,000 fine or 2 years’ imprisonment, or both.
- Aggravated offence (such as involvement in organised crime):
- Up to $20,000 fine or 5 years’ imprisonment, or both.
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