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NOTE - Liptak Lawyers no longer accepts legal aid cases for major indictable matters



Adelaide Criminal Lawyer - drug offenses

Drug Related Charges


If you have been charged with possession of a drug of dependence, use of a drug of dependence, cultivation of a drug of dependence, manufacture of a drug of dependence, trafficing in a drug of dependence or importation of a drug of dependence, the best way to ensure your interests are protected is to get a specialist criminal lawyer involved in your case at the earliest stage.

Our specialised focus as criminal lawyers in Adelaide ensures you receive the highest level of skill and experience required for your needs. We are leaders in the field, and our team has a wealth of experience in the highest courts in Australia whilst still remaining active in the Magistrates' Courts. As a boutique-sized criminal law firm we can ensure that each case receives personal attention without delegation. You can feel confident putting your reputation in our experienced hands.

In addition to court representation, we can provide the following assistance:

  • Accompanying you to the police station (in Adelaide or other)
  • Responding to your questions and concerns
  • Assisting you to understand procedure
  • Implementing strategy by negotiating with police and prosecutors
  • Keeping you informed and updated
  • Liaising between you and Adelaide / South Australias best psychiatrists, psychologists, and drug and alcohol counsellors if needed

Possession

Controlled Substances Act 1984 - Sect 22

  1. A person must not have in his or her possession a poison to which this section applies unless licensed to do so by the Minister. Maximum penalty: $10 000.
  2. This section applies to such poisons (other than drugs of dependence) as may be prescribed, individually or by class, by the regulations.

Cultivation and Manufacture

Definition of manufacture

Section 13 (1) (4) Controlled Substances Act 1984

  1. In relation to a substance, means undertake any process by which the substance is extracted, produced, refined, separated into discrete units or otherwise prepared; and
  2. in relation to a device, means undertake any process by which the device is produced.

Cultivation of controlled plants for sale

Controlled Substances Act 1984 - Sect 33B

  1. A person who cultivates a large commercial quantity of a controlled plant intending to sell any of them or their products or believing that another person intends to sell any of them or their products is guilty of an offence. Maximum penalty: $500 000 or imprisonment for life, or both
  2. A person who cultivates a commercial quantity of a controlled plant intending to sell any of them or their products or believing that another person intends to sell any of them or their products is guilty of an offence. Maximum penalty: $200 000 or imprisonment for 25 years, or both
  3. A person who cultivates a controlled plant intending to sell it or any of its products or believing that another person intends to sell it or any of its products is guilty of an offence. Maximum penalty: $50 000 or imprisonment for 10 years, or both
  4. An offence against subsection (3) involving a cannabis plant (and not involving any other controlled plant) 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 cultivated a trafficable quantity of a controlled plant, it is presumed, in the absence of proof to the contrary, that the defendant had the relevant intention or belief concerning the sale of the plants or their products necessary to constitute the offence

Manufacture of controlled drugs for sale

Controlled Substances Act 1984 - Sect 33

  1. A person who manufactures a large commercial quantity of a controlled drug intending to sell any of it or believing that another person intends to sell any of it is guilty of an offence. Maximum penalty: $500 000 or imprisonment for life, or both
  2. A person who manufactures a commercial quantity of a controlled drug intending to sell any of it or believing that another person intends to sell any of it is guilty of an offence. Maximum penalty: $200 000 or imprisonment for 25 years, or both
  3. A person who manufactures a controlled drug intending to sell any of it or believing that another person intends to sell any of it is guilty of an offence. Maximum penalty: $50 000 or imprisonment for 10 years, or both
  4. If -
    1. in any proceedings for an offence against subsection (1), (2) or (3) it is proved that the defendant manufactured a trafficable quantity of a controlled drug;
    2. or in any proceedings for an offence of attempting or conspiring to commit an offence against subsection (1), (2) or (3) it is proved that the defendant attempted or conspired (as the case may require) to manufacture a trafficable quantity of a controlled drug,
    it is presumed, in the absence of proof to the contrary, that the defendant had the relevant intention or belief concerning the sale of the drug necessary to constitute the offence

Drug Trafficking and Importation

Controlled Substances Act 1984 - Sect 32

  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
    1. A person who, in a prescribed area, traffics in a controlled drug is guilty of an offence. Maximum penalty: $75 000 or imprisonment for 15 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), (2a) 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 —
    1. in a case where it is alleged that the defendant was taking part in the process of sale of the drug, that the defendant —
      1. was acting for the purpose of sale of the drug; and
      2. had the relevant belief concerning the sale of the drug necessary to constitute the offence; or
    2. in any other case—that the defendant had the relevant intention concerning the sale of the drug necessary to constitute the offence
  6. In this section "prescribed area" means —
    1. prescribed licensed premises or an area being used in connection with prescribed licensed premises; or
    2. premises at which members of the public are gathered for a public entertainment or an area being used in connection with such premises;

Areas "being used in connection with" premises would include —

  1. a car parking area specifically provided for the use of patrons of the premises;
  2. an area in which people are queuing to enter the premises.

"Prescribed licensed premises" means —

  1. premises in respect of which 1 of the following classes of licence is in force under the Liquor Licensing Act 1997 :
    1. a hotel licence;
    2. a restaurant licence that includes an extended trading authorisation;
    3. an entertainment venue licence;
    4. a club licence that includes an extended trading authorisation;
    5. a special circumstances licence that includes an extended trading authorisation;
    6. a licence of a class prescribed by regulation;
  2. the premises defined in the casino licence, within the meaning of the Casino Act 1997 , as the premises to which the licence relates;
  3. premises subject to a licence prescribed by regulation;

"Public entertainment" means a dance, performance, exhibition or event that is calculated to attract and entertain members of the public, whether admission is open, procured by the payment of money or restricted to members of a club or a class of persons with some other qualification or characteristic.



Our specialised focus as criminal lawyers ensures you receive the highest level of skill and experience required for your needs. Contact Liptak Lawyers now for your best representation

Liptak Lawyers
Barristers & Solicitors
262 Melbourne Street
North Adelaide,SA 5006
Tel:     
Fax:    08 8237 0571
Mob:   0457 543 007
Email:info@liptak-lawyer.com.au

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