South Australian Consolidated Acts

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CONTROLLED SUBSTANCES ACT 1984 - SECT 32

32—Trafficking

        (1)         A person who traffics in a large commercial quantity of a controlled drug is guilty of an offence.

Maximum penalty: $500 000 or imprisonment for life, or both.

        (2)         A person who traffics in a commercial quantity of a controlled drug is guilty of an offence.

Maximum penalty: $200 000 or imprisonment for 25 years, or both.

        (3)         A person who traffics in a controlled drug is guilty of an offence.

Maximum penalty: $50 000 or imprisonment for 10 years, or both.

        (4)         An offence against subsection (3) involving cannabis, cannabis resin or cannabis oil (and not involving any other controlled drug) must be prosecuted, and dealt with by the Magistrates Court, as a summary offence but if the Court determines that a person found guilty of such an offence should be sentenced to a term of imprisonment exceeding 2 years, the Court must commit the person to the District Court for sentence.

        (5)         If, in any proceedings for an offence against subsection (1), (2) or (3) it is proved that the defendant had possession of a trafficable quantity of a controlled drug, it is presumed, in the absence of proof to the contrary—

            (a)         in a case where it is alleged that the defendant was taking part in the process of sale of the drug, that the defendant—

                  (i)         was acting for the purpose of sale of the drug; and

                  (ii)         had the relevant belief concerning the sale of the drug necessary to constitute the offence; or

            (b)         in any other case—that the defendant had the relevant intention concerning the sale of the drug necessary to constitute the offence.

Subdivision 2—Manufacture of controlled drugs



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