criminal lawyers adelaide

Criminal Sentencing for Drug offences

The Controlled Substances Act 1984, which restricts or prohibits the manufacturing, production, supply, sale, or possession of certain narcotics, covers several drug offences in South Australia. Criminal lawyer Adelaide will help you specifically understand the differences among controlled substances, prescribed medications, controlled plants, and controlled precursors. 

The sale of drug equipment is prohibited under the Summary Offences Act of 1953. In case you have been allegedly accused of any unlawful activities, one of the top Criminal lawyers Adelaide can help you get out with lesser penalties. You can know about the drug diversion programmes from the Adelaide criminal lawyers which are used to deal with some minor drug offences.

Here are some of the common criminal sentencing that are common for drug offences in Australia – 

Amphetamines 

Amphetamines are classified as drugs of dependence in South Australia, according to regulation 7 of the Controlled Substances (Poisons) Regulations 2011. It is prohibited to possess or use amphetamines unless a doctor has prescribed them for a specific medical condition. A maximum penalty of $2000 or two years in prison, or both, applies to the possession or consumption of amphetamines for personal use. Larger quantities are considered significant indictable offences, with possible penalties ranging from $50,000 to $1,000,000 in fines, imprisonment for 15 years to life, or both.

Cannabis

Cannabis, cannabis oil, and cannabis resin are all classified as controlled substances in South Australia under section 4(1) of the Controlled Substances Act 1984 and the Controlled Substances (Controlled Drugs, Precursors, and Plants) Regulations 2014. Trafficking, large-scale production, and/or sale of cannabis plants is a significant indictable offence with a possible penalty ranging from $50,000 to $1,000,000 in fines, imprisonment for 15 years to life, or both (depending on the amounts involved). 

Ecstasy 

Ecstasy is a restricted substance in South Australia under section 4(1) of the Controlled Substances Act 1984. Making, keeping, using, selling, or giving away ecstasy is unlawful. A maximum penalty of $2000 or two years in prison, or both, applies to the possession or consumption of ecstasy for personal use. For bigger quantities, they are significant indictable offences with a possible penalty ranging from $50,000 to $1,000,000 in fines, imprisonment for 15 years to life, or both (depending on the amount involved).

Heroin 

Heroin is a restricted substance in South Australia, according to section 4(1) of the Controlled Substances Act 1984. Making, keeping, using, selling, or giving out heroin is unlawful. Simple possession of a controlled substance carries a maximum penalty of $2000 in fines or two years in prison, or both.Possession, delivery, or administration of a controlled substance in a noncommercial or trafficable quantity (except in a defined location) carries a maximum punishment of $50,000 or ten years in jail, or both. For higher quantities, there can be possible penalties from $50,000 to $1,000,000, imprisonment for 15 years to life, or both. 

Cocaine 

This is also one of the controlled drugs mentioned under section 4(1) of the Controlled Substances Act 1984. The maximum penalty for possession, supplying or administering cocaine is $50,000 or imprisonment for 10 years or both (depending on the carrying amount). For larger quantities, one might be penalised between $50,000 to $1,000,000 or imprisonment for 15 years to life or both depending on the amount involved in the transaction. 

Drug driving

When it comes to drugs and driving, unlike alcohol driving, there is no legal limit. Getting behind the wheel of a vehicle with any level of these illegal narcotics in your system is illegal. Driving or attempting to drive a motor vehicle while under the influence of intoxicating liquor or a drug that renders you incapable of exerting effective control of the vehicle is illegal under section 47 of the Road Traffic Act 1961. You can be tested for THC (tetrahydrocannabinol), 3, 4-Methylenedioxymethamphetamine (MDMA) or crystal meth.

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