Prescribed equipment includes items commonly used in the hydroponic cultivation of cannabis or the manufacture of controlled drugs. Examples include:

Metal halide or high-pressure sodium lights (≥400W)

• Ballast boxes
• Carbon filters
• Cannabis bud strippers
• Instruction manuals for drug manufacturing

[Source: Controlled Substances (Controlled Drugs, Precursors and Plants) Regulations 2014 (SA), reg 9]

Yes, owning hydroponic equipment can be an offence if it’s classified as prescribed equipment and there’s no reasonable excuse for its possession under s 33LA Controlled Substances Act 1984 (SA). Even if not used for cultivating cannabis, mere possession may still lead to charges.

The penalties vary based on the nature of the offence:

• Basic offence: $10,000 fine or 2 years’ imprisonment
• Aggravated offence or serious drug offender: $20,000 fine or 5 years’ imprisonment

[Source: Controlled Substances Act 1984 (SA), s 33LA]

An aggravated offence may apply if:

• The offence is committed in association with a criminal organisation
• A child is involved or harmed
• The offender is a serious drug offender

Aggravation leads to increased penalties, including longer prison terms and higher fines.

Yes. Under s 33LA, supplying prescribed equipment even without personal drug involvement is an offence. This includes giving or selling equipment to someone else with the intention or knowledge it will be used unlawfully.

Possible defences include:

• Lack of possession (e.g., item not in your control or knowledge)
• Legitimate use (e.g., for horticultural lighting or industrial filtration)
• Not your equipment
• Honest and reasonable mistake of fact (Proudman v Dayman defence)

To secure a conviction, the prosecution must prove:

1. You possessed or supplied the prescribed equipment, and
2. You had knowledge or intention to do so, and
3. That you had no reasonable excuse.

The burden of proving a reasonable excuse lies with the defendant.

Yes. Under s 33LB, possessing both prescribed equipment and controlled precursors (chemicals used to manufacture drugs) is a more serious offence, attracting:

• Basic offence: $20,000 fine or 5 years’ imprisonment
• Aggravated offence: $30,000 fine or 7 years’ imprisonment

Yes. Under s 9B of the Summary Offences Act 1953 (SA), businesses and individuals can be charged for selling or supplying prohibited items such as:
Bongs and water pipes

• Cocaine kits
• Ice pipes

Penalties are harsher for sales to minors.

Yes. The law applies regardless of where the item was purchased. If the item is considered prescribed equipment, and there is no legitimate purpose or reasonable excuse, possession or supply is still an offence.

Not inherently. However, if these items are sold with intent or knowledge they will be used to cultivate cannabis or manufacture drugs, both the seller and buyer may face charges, especially under s 33D or s 33GA if sold to minors.

You may have a defence if you can prove lack of control or knowledge. However, landlords or tenants may still be scrutinised, particularly if the property shows signs of a drug grow operation.

Yes. Possession with intent to supply carries the same maximum penalties as actual supply. Courts may infer intent from factors such as quantity, packaging, or communication.

These matters are typically dealt with in the Magistrates Court of South Australia. However, if linked with more serious drug offences, the matter may escalate to the District Court.