Controlled Substances Act 1984 (SA)

South Australia

Controlled Substances Act 1984

An Act to regulate or prohibit the manufacture, production, sale, supply, possession, handling or use of certain poisons, drugs, medicines and other substances, and of certain medical devices; to apply certain laws of the Commonwealth relating to therapeutic goods as laws of South Australia; and for other related purposes.

The Parliament of South Australia enacts as follows:

This Act may be cited as the Controlled Substances Act 1984.

1. (1)

   In this Act, unless the contrary intention appears—

Advisory Council means the Controlled Substances Advisory Council established under Part 2;

aggravated offence—where a provision differentiates between the penalty for an aggravated offence and the penalty for a basic offence, the reference to an aggravated offence is a reference to the offence in its aggravated form (see section 43);

analyst means—

1. (a)

   a person appointed as an analyst for the purposes of this Act; or

2. (b)

   a person holding a position of a class approved by the Governor for the purposes of this Act;

applied provisions means the Commonwealth therapeutic goods laws that apply as a law of South Australia by virtue of section 11A;

artificially enhanced cultivation means—

1. (a)

   cultivation in a solution comprised wholly or principally of water enriched with nutrients; or

2. (b)

   cultivation involving the application of an artificial source of light or heat;

assessment service means a drug assessment service accredited under section 56A;

authorised officer—see section 50(1);

basic offence—where a provision differentiates between the penalty for an aggravated offence and the penalty for a basic offence, the reference to a basic offence is a reference to the offence in its non‑aggravated form (see section 43);

cannabis means a plant, or any part (including the seed) of a plant, of the genus cannabis, but does not include cannabis resin or cannabis oil;

cannabis oil means a substance that contains chemicals of any one or more of the following classes;

1. (a)

   cannabinoids;

2. (b)

   tetrahydrocannabinols;

3. (c)

   alkyl homologues of tetrahydrocannabinols,

where the amount of soluble material in any quantity of the substance, when dissolved in the solvent known as hexane, constitutes more than 85 per cent of the weight of that quantity of substance;

cannabis resin means a substance that contains chemicals of any one or more of the following classes:

1. (a)

   cannabinoids;

2. (b)

   tetrahydrocannabinols;

3. (c)

   alkyl homologues of tetrahydrocannabinols,

where the amount of soluble material in any quantity of the substance, when dissolved in the solvent known as hexane, constitutes more than 15 per cent but not more than 85 per cent of the weight of that quantity of substance;

child means a person under the age of 18 years and, in relation to the alleged commission of an offence, means a person who was, at the time of the alleged commission of the offence, under that age;

commercial quantity of a controlled drug, controlled precursor or controlled plant means—

1. (a)

   in relation to a controlled drug or controlled precursor…