Under Section 32 of the Controlled Substances Act 1984 (SA), trafficking means selling, preparing to sell, or possessing a controlled drug with the intent to sell. It also includes taking part in any step in the sale process, such as packaging or transporting the drug.

Penalties depend on the quantity of drug involved:

• Less than commercial quantity: Up to $50,000 fine or 10 years imprisonment
• Commercial quantity: Up to $200,000 or 25 years imprisonment
• Large commercial quantity: Up to $500,000 or life imprisonment

Aggravating circumstances (such as being a serious drug offender) can result in higher penalties.

A prescribed area includes:

• Licensed premises (e.g. bars, nightclubs)
• Surrounding carparks or queues
• Entertainment venues

Trafficking in these areas attracts enhanced penalties: up to $75,000 or 15 years imprisonment, or $200,000 or 25 years for aggravated offences.

The Controlled Substances (Controlled Drugs, Precursors and Plants) Regulations 2014 (SA) defines the thresholds:

• Example: Heroin commercial quantity = 2g pure
• Large commercial quantity = 100g pure

 These thresholds vary depending on the specific substance.

Yes. You may still be charged if you:

• Possessed the drug with intent to sell
• Prepared or packaged it
• Transported, stored or guarded the drug

Intent is critical, even if a transaction hasn’t taken place.

Cannabis and its derivatives (oil, resin, dried product) are classified as controlled drugs in South Australia. Trafficking cannabis especially in commercial quantities carries the similar penalties as for substances like ecstasy or methamphetamine.

Under South Australian law, you may be found guilty if you take part in the sale process, including:

• Providing finance or premises
• Assisting with distribution or packaging
• Even organising or arranging the sale

Common defences include:

• duress (e.g. you were threatened)
• lack of intent to sell
• factual disputes (e.g. you didn’t possess the substance)
• mistaken identity
• mental impairment

A legal expert can advise if any of these apply to your situation.

Yes — if you’re found with a trafficable or larger quantity, you are presumed to have intended to sell. The burden then shifts to you to prove (on the balance of probabilities) that the possession was for personal use only.

Yes. As of September 2022, if a drug’s pure form isn’t prescribed, the mixed form (total weight) applies when determining penalties. This closes previous loopholes where purity could not be calculated.

This is considered trafficking in a prescribed area and carries heavier penalties up to $75,000 or 15 years imprisonment, or $200,000 and/or 25 years if aggravated or if you’re a serious drug offender.

Yes. Police often use phone intercepts, CCTV, covert surveillance, and text messages as evidence of:

• Drug deals
• Intent to sell
• Links between co-accused

Even indirect communications can be used to support a trafficking charge.

No. While all states criminalise trafficking, penalties and thresholds differ. For example:

• NSW has slightly lower quantity thresholds
• Victoria uses a different structure for “deemed trafficking”
• Queensland includes mandatory sentencing for repeat offenders

It’s essential to understand South Australia’s specific laws.

Trafficking is a serious criminal offence with severe consequences, including life imprisonment. Anything you say may be used in evidence. Always seek advice from an Adelaide criminal defence lawyer before making any statements.