South Australian Consolidated Acts South Australian Consolidated Acts (1) In this Act,
unless the contrary intention appears—
"the Advisory Council" means the Controlled Substances Advisory Council
established under Part 2;
"analyst" means—
(a) a
person appointed as an analyst for the purposes of this Act; or
(b) a
person holding a position of a class approved by the Governor for the purposes
of this Act;
"artificially enhanced cultivation" means—
(a)
cultivation in a solution comprised wholly or principally of water enriched
with nutrients; or
(b)
cultivation involving the application of an artificial source of light or
heat;
"assessment service" means a drug assessment service accredited under
Division 2 of Part 5;
"authorised officer"—see section 50(1);
"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;
(a)
cannabinoids;
(b)
tetrahydrocannabinols;
(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:
(a)
cannabinoids;
(b)
tetrahydrocannabinols;
(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—
(a) in
relation to a controlled drug or controlled precursor contained in a
mixture—
(i)
a quantity of the drug or precursor that equals or
exceeds the amount prescribed as a commercial quantity for the drug or
precursor (as the case may be) in its pure form; or
(ii)
a quantity of the mixture that equals or exceeds the
amount prescribed as a commercial quantity for any mixture containing the drug
or precursor (as the case may be); or
(iii)
a number of discrete dosage units of the mixture that
equals or exceeds the number of discrete dosage units prescribed as a
commercial quantity for any mixture containing the drug or precursor (as the
case may be); or
(b) in
relation to a controlled drug or controlled precursor that is not contained in
a mixture—a quantity of the drug or precursor that equals or exceeds the
amount prescribed as a commercial quantity for the drug or precursor (as the
case may be) in its pure form; or
(c) in
relation to a controlled plant—
(i)
a number of the plant that equals or exceeds the number
of plants prescribed as a commercial quantity for the plant; or
(ii)
a weight of the plant that equals or exceeds the weight
prescribed as a commercial quantity for the plant;
"controlled drug" means—
(a) a
drug of dependence; or
(b) a
substance declared by the regulations to be a controlled drug for the purposes
of this Act,
but does not include a controlled plant;
"controlled plant" means a growing cannabis plant or a cutting of a cannabis
plant (provided that the cutting has been planted or otherwise placed in a
growing medium) or any other plant declared by the regulations to be a
controlled plant for the purposes of this Act;
"controlled precursor" means a substance declared by the regulations to be a
controlled precursor for the purposes of this Act;
"cultivate" a controlled plant means—
(a)
plant a seed, seedling or cutting of the plant or transplant the plant; or
(b)
nurture, tend or grow the plant; or
(c)
harvest the plant (including pick any part of the plant or separate any resin
or other substance from the plant); or
(d) dry
the harvested plant or part of the plant; or
(e) take
part in the process of cultivation of the plant;
"dentist" means a person registered as a dentist under the Dental Practice
Act 2001 ;
"the Department" means the department of the Minister to whom the
administration of this Act has been committed;
"discrete dosage unit", in relation to a controlled drug or
controlled precursor contained in a mixture, means an amount of the mixture
which—
(a) is
prepared or apparently prepared for the purpose of being administered as a
single dose; and
(b)
contains an amount of the controlled drug or controlled precursor (as the case
may be) that is not more than the amount prescribed by regulation (if any) in
relation to the drug or precursor for the purposes of this definition;
"drug detection dog" means a dog that has completed training of a kind
approved by the Commissioner of Police for the purpose of detecting the
presence of a controlled drug, controlled precursor or controlled plant;
"drug of dependence" means a poison declared by the regulations to be a
drug of dependence;
"electronic drug detection system" means—
(a) an
electronic device of a kind approved by the Commissioner of Police; or
(b) a
system, of a kind approved by the Commissioner of Police, that involves the
use of an electronic device,
for the purpose of detecting the presence of a controlled drug, controlled
precursor or controlled plant;
"general drug detection" means—
(a)
walking or otherwise placing a drug detection dog in the vicinity of a person
or property; or
(b)
using an electronic drug detection system in relation to a person or property
in a manner prescribed by regulation,
for the purpose of determining whether the dog or system (as the case may be)
detects the presence of a controlled drug, controlled precursor or
controlled plant (but does not include any other conduct by a person that
would constitute a search);
"large commercial quantity" of a controlled drug, controlled precursor or
controlled plant means—
(a) in
relation to a controlled drug or controlled precursor contained in a
mixture—
(i)
a quantity of the drug or precursor that equals or
exceeds the amount prescribed as a large commercial quantity for the drug or
precursor (as the case may be) in its pure form; or
(ii)
a quantity of the mixture that equals or exceeds the
amount prescribed as a large commercial quantity for any mixture containing
the drug or precursor (as the case may be); or
(iii)
a number of discrete dosage units of the mixture that
equals or exceeds the number of discrete dosage units prescribed as a
large commercial quantity for any mixture containing the drug or precursor (as
the case may be); or
(b) in
relation to a controlled drug or controlled precursor that is not contained in
a mixture—a quantity of the drug or precursor that equals or exceeds the
amount prescribed as a large commercial quantity for the drug or precursor (as
the case may be) in its pure form; or
(c) in
relation to a controlled plant—
(i)
a number of the plant that equals or exceeds the number
of plants prescribed as a large commercial quantity for the plant; or
(ii)
a weight of the plant that equals or exceeds the weight
prescribed as a large commercial quantity for the plant;
"manufacture", in relation to a controlled drug means—
(a)
undertake any process by which the drug is extracted, produced or refined; or
(b) take
part in the process of manufacture of the substance;
"medical practitioner" means a person registered under the Medical
Practitioners Act 1983 ;
"nurse" means a person registered or enrolled under the Nurses Act 1999 ;
"owner", in relation to premises, includes the occupier of the premises;
"pharmacist" means a person registered as a pharmacist under the Pharmacists
Act 1991 or exempt from the requirement to be so registered;
"poison" means a substance declared by the regulations to be a poison for the
purposes of this Act;
"possession" of a substance or thing includes—
(a)
having control over the disposition of the substance or thing; and
(b)
having joint possession of the substance or thing;
"premises" means any land, building, structure, vehicle, vessel or aircraft;
"prescription drug" means a poison declared by the regulations to be a
prescription drug for the purposes of this Act;
"product" of a controlled plant includes—
(a) a
seed of the plant; and
(b) a
part of the plant (whether live or dead); and
(c) a
substance separated from the plant;
"school zone" means the grounds of a primary or secondary school and the area
within 500 metres of the boundary of the school;
"sell" means sell, barter or exchange, offer or agree to sell, barter or
exchange or expose for sale, barter or exchange;
"senior police officer" means a member of the police force of or above the
rank of Inspector;
"simple possession offence" means an offence against section 33L(1) other
than an offence relating to a prescribed controlled drug;
"substance" means any gaseous, liquid or solid substance and includes a plant
or fungus;
"supply" means provide or distribute or offer to provide or distribute;
"therapeutic device" means a device declared by the regulations to be a
therapeutic device for the purposes of this Act;
"therapeutic substance" means a substance declared by the regulations to be a
therapeutic substance for the purposes of this Act;
"traffic" in a controlled drug means—
(a) sell
the drug; or
(b) have
possession of the drug intending to sell it; or
(c) take
part in the process of sale of the drug;
"trafficable quantity" of a controlled drug or controlled plant means—
(a) in
relation to a controlled drug contained in a mixture—
(i)
a quantity of the drug that equals or exceeds the amount
prescribed as a trafficable quantity for the drug in its pure form; or
(ii)
a quantity of the mixture that equals or exceeds the
amount prescribed as a trafficable quantity for any mixture containing the
drug; or
(iii)
a number of discrete dosage units of the mixture that
equals or exceeds the number of discrete dosage units prescribed as a
trafficable quantity for any mixture containing the drug; or
(b) in
relation to a controlled drug that is not contained in a mixture—a
quantity of the drug that equals or exceeds the amount prescribed as a
trafficable quantity for the drug in its pure form; or
(c) in
relation to a controlled plant—
(i)
a number of the plant that equals or exceeds the number
of plants prescribed as a trafficable quantity for the plant; or
(ii)
a weight of the plant that equals or exceeds the weight
prescribed as a trafficable quantity for the plant;
"vessel" means any ship, boat or other water craft;
"veterinary surgeon" means a person registered as a veterinary surgeon under
the Veterinary Surgeons Act 1985 ;
"volatile solvent" means a substance declared by the regulations to be a
volatile solvent for the purposes of this Act.
(2) A substance is an
analogue of another for the purposes of this Act if—
(a) they
both have substantially similar chemical structures; or
(b) they
both have substantially similar pharmacological effects.
(3) Subject to the
regulations, an analogue of a controlled drug (not being an analogue that is
itself declared by regulation to be a drug of dependence or a controlled drug)
is by virtue of this subsection a controlled drug.
(4) For the purposes
of this Act, a person takes part in the process of sale, manufacture or
cultivation of a controlled drug or controlled plant if the person directs,
takes or participates in any step, or causes any step to be taken, in the
process of sale, manufacture or cultivation of the drug or plant.
(5) For the purposes
of this Act, a step in the process of sale of a controlled drug includes,
without limitation, any of the following when done for the purpose of sale of
the drug:
(a)
storing the drug;
(b)
carrying, transporting, loading or unloading the drug;
(c)
packaging the drug, separating the drug into discrete units or otherwise
preparing the drug;
(d)
guarding or concealing the drug;
(e)
providing or arranging finance (including finance for the acquisition of the
drug);
(f)
providing or allowing the use of premises or jointly occupying premises.
(6) For the purposes
of this Act, a step in the process of manufacture of a controlled drug
includes, without limitation, any of the following when done for the purpose
of manufacture of the drug:
(a)
acquiring equipment, substances or materials;
(b)
storing equipment, substances or materials;
(c)
carrying, transporting, loading or unloading equipment, substances or
materials;
(d)
guarding or concealing equipment, substances or materials;
(e)
providing or arranging finance (including finance for the acquisition of
equipment, substances or materials);
(f)
providing or allowing the use of premises or jointly occupying premises.
(7) For the purposes
of this Act, a step in the process of cultivation of a controlled plant
includes, without limitation, any of the following when done for the purpose
of cultivation of the plant:
(a)
acquiring the plant or equipment, substances or materials;
(b)
storing the plant or equipment, substances or materials;
(c)
carrying, transporting, loading or unloading the plant or equipment,
substances or materials;
(d)
guarding or concealing the plant or equipment, substances or materials;
(e)
providing or arranging finance (including finance for the acquisition of the
plant or equipment, substances or materials);
(f)
providing or allowing the use of premises or jointly occupying premises.
(8) In
subsection (7)—
"materials" includes seeds, seedlings and cuttings.