Under section 33I of the Controlled Substances Act 1984 (SA), it is an offence to supply or administer a controlled substance to another person, or to possess a controlled substance with the intention to supply or administer it. Supply includes providing, distributing, or offering to distribute drugs even socially or for free.

Penalties depend on the circumstances:

• Basic offence: Up to $50,000 or 10 years imprisonment.
• If the offender is a serious drug offender: Up to $75,000 or 15 years imprisonment.
• Aggravated offence: Also $75,000 or 15 years imprisonment.

For supplying a child, penalties increase to $1 million or life imprisonment (s 33F).

A controlled substance includes drugs such as MDMA (ecstasy), cocaine, heroin, methamphetamine, LSD, and synthetic drugs listed under the Controlled Substances (Controlled Drugs, Precursors and Plants) Regulations 2014 (SA). Cannabis and cannabis resin are excluded from this specific offence and are covered under other sections of the Act.

Yes. Casual social supply, such as handing over a pill or sharing a dose, still falls within the legal definition of “supply” in SA and can attract the same penalties as commercial supply.

Yes. Payment is not required for a supply charge. The legal definition includes free distribution. The intent to administer or provide to another person is enough to constitute the offence.

A supply offence becomes aggravated if committed:

• In the presence of a child,
• Near a school or childcare centre,
• Using violence or threats,
• As part of a criminal organisation.

Aggravated offences carry higher maximum penalties (up to 15 years imprisonment).

Yes. The law also captures attempts, offers, and arrangements to supply, as well as assisting others. Being involved in the process or holding drugs with intent to supply can result in a charge.

The prosecution must prove that:

• You were in possession of a controlled substance, and
• You had intent to supply or administer it to someone else.

Possession involves both physical control and knowledge of the drug.

If you can demonstrate a genuine and reasonable belief that the substance was not a controlled drug, you may have a defence. This would typically involve a lack of intent and knowledge.

Yes. If you were suffering from a mental impairment that affected your ability to understand your actions or discern right from wrong, you may have a complete defence. This can include conditions such as schizophrenia or psychotic episodes.

Yes, but only if there is evidence of intent to supply. If you can show the drugs were strictly for personal use, the charge may be downgraded to possession, which carries lighter penalties.

Supply of a controlled substance is a major indictable offence. Proceedings begin in the Magistrates Court of South Australia but are typically transferred to the Supreme Court for trial or sentence.

Supplying or intending to supply a controlled drug to a child under 18 is a major criminal offence under s 33F of the Controlled Substances Act 1984 (SA). The maximum penalty is $1,000,000 or life imprisonment, or both.

Yes. The law criminalises the offer to supply, regardless of whether the act was completed. Text messages, conversations, or surveillance evidence may be used to prove the offer.

• Supply generally refers to smaller-scale or individual instances of distribution.
• Trafficking involves larger quantities, repeated conduct, or commercial profit, and attracts harsher penalties, including up to life imprisonment for large commercial quantities.