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Possession of equipment for drug use

Sale or possession of equipment

It is an offence to sell equipment, or have possession of equipment intending to sell it for use in connection with the smoking, consumption or administration of a controlled drug, or for the preparation of such a drug for smoking, consumption or administration. The maximum penalty is a fine of $10 000 or imprisonment for two years, or both [see Controlled Substances Act 1984 (SA) s 33D].

Section 33D came into effect on 3 December 2007, and only applies to offences committed on or after that date [see Controlled Substances (Serious Drug Offences) Amendment Act 2005 (SA)].

It is an offence to sell equipment, or have possession of equipment intending to sell it to a child for use in connection with the smoking, consumption or administration of a controlled drug, or for preparation for smoking, consumption or administration. The maximum penalty is a fine of $20 000 or imprisonment for two years, or both [see Controlled Substances Act 1984 (SA) s 33GA].

Section 33GA came into effect on 8 June 2008, and only applies to offences committed on or after that date [see Summary Offences (Drug Paraphernalia) Amendment Act 2008 SA].

Possession of Prescribed Equipment

It is an offence to have possession of prescribed equipment without reasonable excuse. Prescribed equipment means a document containing instructions for the manufacture of a controlled drug or the cultivation of a controlled plant; or equipment of a kind prescribed by regulation [see Controlled Substances Act 1984 (SA) s 33LA].

Section 33LA came into effect on 19 October 2008, and only applies to offences committed on or after that date [see Controlled Substances (Possession of Prescribed Equipment) Amendment Act 2007 (SA)].

Sale or supply of drug paraphernalia

Under s 9B Summary Offences Act 1953 it is an offence to sell or supply drug paraphernalia. Penalties apply to individuals and also to businesses and there are separate penalties where the sale or supply has been to a minor. To “sell” includes to barter or exchange [see s 9B(7) for definition].

Maximum penalty for sale or supply of prohibited item:

for an individual - $10 000 or 2 years imprisonment

for a body corporate - $50 000

Maximum penalty for sale or supply of prohibited item to a minor:

for an individual - $20 000 or 2 years imprisonment

for a body corporate $100 000

The list of prohibited items includes the following:

  • water pipe – this includes devices known as bongs, hookahs, narghiles, shishas and ghalyans;
  • prohibited pipe (a device, or components, when assembled that form a device, other than a water pipe that is intended for use or designed for use in smoking cannabis, cannabis resin or methamphetamine crystals, it includes 'hash pipes' and 'ice pipes' );
  • cocaine kit*; and
  • the legislation also allows for other items to be prescribed as prohibited by regulation.

A cocaine kit consists of 2 or more of the following items packaged as a unit apparently for the use of cocaine:

  • a razor blade;
  • a tube;
  • a mirror;
  • a scoop;
  • a glass bottle; or
  • any other item apparently for use together with any of these items to prepare cocaine for use.

Following a conviction for an offence against s 9B, any prohibited item seized as evidence of the offence may be retained by the Commissioner of Police and is forfeited to the Crown [see s 9B(5)].

Possession of equipment for drug use  :  Last Revised: Mon May 21st 2012