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Possession or Sale of Equipment

Possession of equipment in relation to cannabis use or preparation

Maximum penalty: $500

Possession of equipment in relation to controlled drug use or preparation

Maximum penalty: $2 000 or 2 years imprisonment or both

Possession of prescribed equipment

Prescribed equipment includes [Controlled Substances (Controlled Drugs, Precursors and Plants) Regulations 2014 (SA) reg 9 ; Controlled Substances Act 1984 (SA) s 33LB]:

  • a document containing instructions for the manufacture of a controlled drug or the cultivation of a controlled plant
  • equipment for hydroponic cannabis cultivation (the Regulations provide a list of equipment)
  • equipment for the manufacture of controlled drugs (the Regulations provide a list of equipment).

Under the Controlled Substances Act 1984 (SA) [s 33LA] it is an offence to:

  • have possession of any prescribed equipment
  • supply to another person any prescribed equipment
  • have possession of any prescribed equipment intending to supply it to another person.

Maximum penalty: $10 000 or imprisonment for 2 years, or both.

Defence: it is a defence if the person had a reasonable excuse to have the equipment. It is up to the person to show they had a reasonable excuse.

Possession of both equipment and precursors

Possession of equipment used to manufacture controlled drugs as well as possession of controlled precursors (chemicals used to make drugs) is an offence [s 33LB].

Maximum penalty: $15 000 or imprisonment for 5 years, or both.

Sale of equipment

Under the Controlled Substances Act 1984 [s 33D] it is an offence to:

  • sell a piece of equipment for use in connection with the smoking, consumption or administration of a controlled drug, or the preparation of such a drug for smoking, consumption or administration
  • possess a piece of equipment, intending to sell it for such use.

Maximum penalty: $10 000 or imprisonment for 2 years, or both.

Sale of equipment to a child for use in connection with consumption of controlled drugs (and possession with intent to sell)

Under the Controlled Substances Act 1984 [s 33GA] it is an offence to:

  • sell a piece of equipment to a child for use in connection with the smoking, consumption or administration of a controlled drug, or the preparation of such a drug for smoking, consumption or administration
  • possess a piece of equipment, intending to sell it to a child for such use.

Maximum penalty: $20 000 or imprisonment for 2 years, or both.

Sale or supply of drug paraphernalia

Under s 9B Summary Offences Act 1953 (SA) it is an offence to sell or supply drug paraphernalia. Penalties apply to individuals and also to businesses and there are separate penalties where the sale or supply has been to a minor.

Maximum penalty for sale or supply of prohibited item:

  • for an individual - $10 000 or 2 years imprisonment
  • for a body corporate - $50 000

Maximum penalty for sale or supply of prohibited item to a minor:

  • for an individual - $20 000 or 2 years imprisonment
  • for a body corporate $100 000

The list of prohibited items includes the following:

  • water pipe – this includes devices known as bongs, hookahs, narghiles, shishas and ghalyans
  • prohibited pipe (a device, or components, when assembled that form a device, other than a water pipe that is intended for use or designed for use in smoking cannabis, cannabis resin or methamphetamine crystals, it includes 'hash pipes' and 'ice pipes' )
  • cocaine kit*
  • the legislation allows for other items to be prescribed as prohibited by regulation

A cocaine kit consists of 2 or more of the following items packaged as a unit apparently for the use of cocaine:

  • a razor blade
  • a tube
  • a mirror
  • a scoop
  • a glass bottle
  • any other item apparently for use together with any of these items to prepare cocaine for use.
Possession or Sale of Equipment  :  Last Revised: Tue Jul 21st 2015
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.