The penalty structure for trafficking [s 32 Controlled Substances Act 1984 (SA)] depends on the quantity of the drug. The higher the amount of the drug or plant, the higher the penalty.
Large Commercial Quantities
Offences involving large commercial quantities attract a maximum fine of $500 000 and/or life imprisonment.
Commercial Quantities
Basic offences involving commercial quantities attract a maximum fine of $200 000 and/or 25 years imprisonment. Aggravated offences: $500 000 or imprisonment for life, or both.
Less than commercial quantities
If the quantity of drug is lower than the commercial quantity, then the penalty for a basic offence is a maximum fine of $50 000 and/or imprisonment for 10 years.
Aggravated offences: $75 000 or imprisonment for 15 years, or both.
Trafficking in a prescribed area
A person convicted of trafficking controlled drugs in a prescribed area faces heavy penalties. A prescribed area includes:
- Licensed premises (e.g. a hotel licence, restaurant licence, entertainment venue licence, or special circumstances licence with extended trading authorisation, casino licence)
- An area being used in connection with the licensed premises (e.g. car park)
- Premises at which members of the public are gathered for public entertainment or an area being used in connection with the premises (e.g. an area where people are queuing to enter the premises)
Maximum penalty: $75 000 or imprisonment for 15 years, or both.
Aggravated offence: $200 000 or imprisonment for 25 years, or both.
See also the Duty Solicitor Handbook's section on Trafficking in Controlled Drugs.
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.
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