skip to content

Refine results


Search by

Search by Algolia
Law Handbook banner image

Production, promotion and sale of controlled drug alternatives

The following are offences under the Controlled Substances Act 1984 (SA):

  • Section 33LD - Intentional manufacture of controlled drug alternative;
  • Section 33LE - Promoting controlled drug alternative; and
  • Section 33LF - Manufacturing, packaging, selling or supplying substance promoted as controlled drug alternative.

These sections concern substances which either have, or were intended to have, or are promoted as having, pharmacological effects similar to a controlled drug. They are also about substances which are promoted as legal alternatives to a controlled drug, or are sold as controlled drugs but are actually different substances.

Under these sections, manufacturing includes taking part in the process. Taking part in a step in the process is broadly defined and includes things such as: getting together or hiding equipment, substances or materials; arranging or providing money to fund any part of the process; transporting and loading materials; and allowing a house to be used for the process [see further s 33LC(1)-(3)].

These offences can be committed even if the substance is marked ‘not for human consumption’, or similar labelling such as stating that it is not an alternative to a controlled drug [s 33LC(4)].

The Court can prohibit someone from running a business if they have been convicted of committing any of these offences in the course of running a business. The Court can also make other orders that it thinks is appropriate [see further s 33T].

Penalties:

  • s 33LD
    • Maximum penalty for a basic offence: $15 000 $20 000 or imprisonment for 5 years, or both [s 33LD(a)(ii)];
    • Maximum penalty for an aggravated offence or a basic offence where the offender is a serious drug offender: $30 000 or 7 years imprisonment, or both [ss 33LD(a)(i); 33LD(b)].
  • s 33LE
    • Maximum penalty for a basic offence: $10 000 or imprisonment for 2 years, or both [s 33LE(a)(ii)];
    • Maximum penalty for an aggravated offence or a basic offence where the offender is a serious drug offender: $20 000 or 5 years imprisonment, or both [ss 33LE(a)(i); 33LE(b)].
  • s 33LF
    • Maximum penalty for a basic offence: $15 000 $20 000 or imprisonment for 5 years, or both [s 33LF(a)(ii)];
    • Maximum penalty for an aggravated offence or a basic offence where the offender is a serious drug offender: $30 000 or imprisonment for 7 years, or both [ss 33LF(a)(i); 33LF(b)].
Production, promotion and sale of controlled drug alternatives  :  Last Revised: Wed Apr 3rd 2019
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.