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.
FREE FIRST INTERVIEW
NO WIN NO FEE
LOCAL LAWYERS FOR LOCAL NEEDS
GET THE RIGHT LAWYER FIRST
Having such a short time frame I was very impressed with the outcome made by [my solicitor]. Excellent and timely manner
Very professional mannerism and overall great outcome was delivered by Websters Lawyers.
West Ryde NSW
Helpful, explained fully, patient, excellent service.
Patient and helpful in explaining the process.
Call Websters Lawyers for a most professional and friendly service. All understanding with [my solicitors] and the reception staff. Thank you so much.
Making my will was effortless on my part, with everything explained clearly. Well done to all.
Great service, professional, explains things clearly, definitely recommend Websters Lawyers.
Patient, professional, good communication about procedures and probable outcomes.
Thank you for all your work over the course of the case. You [both] were always very approachable and I appreciated your understanding and professionalism in all areas.
All in all my experience was great. Thank you for your time and expertise.
My matter was dealt with efficiently and was explained in an understandable language. A pleasant experience.
Practical and very helpful. Reasons and explanations given where needed
I stumbled across Websters in the Yellow Pages and I rang, explained my situation and immediately they took my case on. Greatly appreciate their services.
The service from Websters Lawyers was outstanding. [My solicitor] was caring, had patience and was very professional. Wonderful personality.
[My solicitor] made everything so simple to understand. [The receptionist] was wicked too, would recommend them anytime. Level of entire service was outstanding.
I had dealings with Websters over 20 years ago. They were my first choice when I recently needed legal advice. Both legal and office staff were professional, courteous and accessible at all times. Everything was explained up front in a clear and concise manner. I would not hesitate to recommend their services.
It has truly been a pleasure communicating with you throughout the process. I really appreciate your patient and speedy replies to my questions and requests. You were always able to provide an easily understood response and this helped me deal with the process. Your friendly and positive manner encouraged me to seek your advice.
Battery Hill QLD
[My lawyer's] service was prompt and efficient with all questions explained clearly with all our requests carried out within the laws. Overall service was very satisfactory.
[My lawyer] was excellent.
Excellent service. Professional. Clear advice and instructions. Prompt actions. Overall 10/10!
Overall, I was happy with my outcome and my lawyer, would definitely recommend [my lawyer].
[My solicitor] was excellent at helping us through preparing our wills which were particularly challenging as they involved assets in multiple countries. She was professional and knowledgeable and spent time tailoring the wills to our needs.
[My solicitor] was very helpful, respectful and polite. She made sure I understood the process and documentation of our wills.
Professional. Smooth Transaction.
I found the whole experience from Receptionist to Solicitor excellent. They completely put us at our ease.
This was a new experience for us and didn’t have a clue what to do. [Our solicitor] on our first visit put us at ease, explained what will happen, pointed out there was a strong case. [Our solicitor] was genuine in her approach, kept us well informed, explained actions several times with patience and understanding. Overall very happy with the service we received.