Controlled Substances (Controlled Drugs, Precursors and Plants) Regulations 2014 (SA)

South Australia Controlled Substances (Controlled Drugs, Precursors and Plants) Regulations 2014 under the Controlled Substances Act 1984

Contents 1 Short title 3 Interpretation 4 Electronic drug detection 5 Declaration of controlled drugs, controlled precursors and controlled plants 6 Prescribed quantities of controlled drugs, controlled precursors and controlled plants 6A Exemptions—section 33I(2) 7 Prescribed number of cannabis plants (section 33K) 8 Exemption from prohibition of possession of injecting equipment 8A Exemption—section 33L(2) 9 Prescribed equipment (section 33LA) 10 Prescribed quantity of mixture containing controlled precursors (section 33LB) 11 Prescribed equipment (sections 33LB and 33J) 12 No accessorial liability in prescribed circumstances 13 Prescribed place 14 Expiation fees for simple cannabis offences 15 Simple cannabis offences 16 Taking of cannabis samples (section 52E(6)) 17 Prescribed manner of initiation of analysis and prescribed fee 18 Prescribed form of certificate of analysis (section 53(4)) Schedule 1—Controlled drugs Part 1—Controlled drugs other than drugs of dependence Part 2—Drugs of dependence Schedule 2—Controlled precursors Schedule 3—Controlled plants Part 1—Controlled plants other than cannabis plants Part 2—Cannabis plants Schedule 4—Certificate of analysis Schedule 5—Expiation fees Schedule 6—Transitional provisions 2 Transitional provisions Legislative history

1—Short title These regulations may be cited as the Controlled Substances (Controlled Drugs, Precursors and Plants) Regulations 2014. 3—Interpretation In these regulations, unless the contrary intention appears— Act means the Controlled Substances Act 1984; certified hemp seed has the same meaning as in the Industrial Hemp Act 2017; DDU means discrete dosage unit; hemp seed oil means the oil obtained by cold expression from the seeds of cannabis; industrial hemp has the same meaning as in the Industrial Hemp Act 2017; low THC cannabis means cannabis sativa the leaves and flowering heads of which contain not more than 1% of tetrahydrocannabinol; low THC cannabis food product means any of the following products in which there is not more than 75 mg/kg of cannabidiol present: (a) cannabis seeds if— (i) the seeds are of low THC cannabis; and (ii) the seeds contain not more than 5 mg/kg of total tetrahydrocannabinols; and (iii) the only cannabinoids in or on the seeds are naturally present; and (iv) if the seeds are a food for retail sale or used as an ingredient in a food for retail sale—the seeds are non-viable and hulled; (b) hemp seed oil that is extracted from seeds of low THC cannabis if the oil contains not more than 10 mg/kg of total tetrahydrocannabinols and the only cannabinoids in the oil are those that were naturally present in or on the seeds from which the oil was extracted; (c) a beverage that is derived from seeds of low THC cannabis if the beverage contains not more than 0.2 mg/kg of total tetrahydrocannabinols and the only cannabinoids in the beverage are those that were naturally present in or on the seeds from which the beverage was derived; (d) any other product that is extracted or derived from seeds of low THC cannabis if the product contains not more than 5 mg/kg of total tetrahydrocannabinols and the only cannabinoids in the product are those that were naturally present in or on the seeds from which the product was extracted or derived; prescribed industrial hemp authority means— (a) the holder of a licence under the Industrial Hemp Act 2017; or (b) an inspector authorised under the Industrial Hemp Act 2017; or (c) a supplier of certified hemp seeds; or (d) a supplier of industrial hemp; or (e) a person employed at a laboratory or place approved for examination and testing under section 19(1)(e) of the Industrial Hemp Act 2017; seed includes part of a seed; Uniform Poisons Standard means the current Poisons Standard as defined in the Commonwealth Act (as in force from time to time). 4—Electronic drug detection (1) For the purposes of paragraph (b) of the definition of general drug detection in section 4(1) of the Act, an electronic drug detection system may only be used in the manner prescribed by this regulation. (2) An electronic drug detection system may only be used in relation to a person in accordance with the following: (a) samples of particulate matter may be taken from— (i) the outside of the person's clothing; and (ii) the person's hands, for the purpose of analysis to detect the presence of a controlled drug, controlled precursor or controlled plant; (b) the person cannot be required to remove, undo or rearrange any clothing for the purpose of taking such samples from the person's clothing; (c) in taking such samples from the person's clothing, care must be taken to avoid disturbing the person's clothing. (3) An electronic drug detection system may only be used in relation to property (other than a vehicle) by taking samples of particulate matter from the outside of the property for the purpose of analysis to detect the presence of a controlled drug, controlled precursor or controlled plant. (4) An electronic drug detection system may only be used in relation to a vehicle in accordance with the following: (a) samples of particulate matter may be taken from both the exterior and interior of the vehicle (but not from the inside of any internal storage compartment) for the purpose of analysis to detect the presence of a controlled drug, controlled precursor or controlled plant; (b) articles must not be removed from the vehicle for the purpose of taking such samples. (5) For the purposes of this regulation, samples of particulate matter may be taken by swabbing, wiping or otherwise touching a surface to obtain a sample of particles from that surface. (6) In this regulation— internal storage compartment, in relation to a vehicle, means a glove box, drawer, cupboard, pocket or other similar compartment within the vehicle that is designed by the manufacturer— (a) for the storage of items in the vehicle; and (b) to be capable of being sealed or closed, but does not include general internal space within a vehicle such as the rear of a station wagon, panel van or van, the boot of a car or any other similar space; vehicle includes a caravan, trailer or anything else being towed by the vehicle. 5—Declaration of controlled drugs, controlled precursors and controlled plants (1) In accordance with section 12(4) of the Act, the following substances are declared to be controlled drugs: (a) the natural or synthetic form of a substance listed in Schedule 1; (b) any salt, derivative or isomer of the natural or synthetic form of a substance listed in Schedule 1 and any salt of such derivative or isomer; (c) any analogue of the natural or synthetic form of a substance listed in Schedule 1 and any salt of such an analogue; (d) any homologue of the natural or synthetic form of a substance listed in Schedule 1 (being a homologue differing from the substance by 1 or more carbon containing groups (including methylene groups) in the chemical structure) and any salt of such a homologue; (e) any of the substances referred to in a preceding paragraph whether existing alone or in a preparation, admixture, solution or natural substance. (2) In accordance with section 12(4a) of the Act, the following substances are declared to be controlled precursors: (a) the natural or synthetic form of a substance listed in Schedule 2; (b) any salt, isomer, ester, ether, ketal, acetal, acetate, hydroxide, oxime, amide, imine, acid chloride, nitrile, anhydride, halogen substituent, epoxide, diol or any analogue or derivative of the natural or synthetic form of a substance listed in Schedule 2; (c) any of the substances referred to in a preceding paragraph whether existing alone or in a preparation, admixture, solution or natural substance. (3) In accordance with section 12(4b) of the Act, the following plants are declared to be controlled plants: (a) a growing plant listed in Part 1 of Schedule 3; (b) a cutting taken from a plant listed in Part 1 of Schedule 3 (provided that the cutting has been planted or otherwise placed in a growing medium). 6—Prescribed quantities of controlled drugs, controlled precursors and controlled plants (1) For the purposes of the definition of large commercial quantity in section 4(1) of the Act, the quantity of a particular controlled drug or controlled plant prescribed as a large commercial quantity of the drug in its pure form or of the plant is— (a) in the case of a controlled drug—the amount (if any) listed in the subcolumn headed "(pure)" within the column headed "Large commercial" in the tables in Part 1 or Part 2 of Schedule 1 opposite the entry listing the controlled drug; or (b) in the case of a controlled plant—the amount (if any) listed in the column headed "Large commercial" in the tables in Part 1 or Part 2 of Schedule 3 opposite the entry listing the controlled plant. (2) For the purposes of the definition of large commercial quantity in section 4(1) of the Act, the quantity of a mixture containing a particular controlled drug or controlled precursor prescribed as a large commercial quantity for any mixture containing the drug or precursor is— (a) in the case of a controlled drug—the amount (if any) listed in the subcolumn headed "(mixed)" within the column headed "Large commercial" in the tables in Part 1 or Part 2 of Schedule 1 opposite the entry listing the controlled drug; or (b) in the case of a controlled precursor—the amount (if any) listed in the column headed "Large commercial (mixed)" in the table in Schedule 2 opposite the entry listing the controlled precursor. (3) For the purposes of the definition of large commercial quantity in section 4(1) of the Act, the number of DDUs of a mixture containing a particular controlled drug prescribed as a large commercial quantity for any mixture containing the controlled drug is the number of DDUs (if any) listed in the subcolumn headed "(mixed)" within the column headed "Large commercial" in the tables in Part 1 or Part 2 of Schedule 1 opposite the entry listing the controlled drug. (4) For the purposes of the definition of commercial quantity in section 4(1) of the Act, the quantity of a particular controlled drug or controlled plant prescribed as a commercial quantity of the drug in its pure form or the plant is— (a) in the case of a controlled drug—the amount (if any) listed in the subcolumn headed "(pure)" within the column headed "Commercial" in the tables in Part 1 or Part 2 of Schedule 1 opposite the entry listing the controlled drug; or (b) in the case of a controlled plant—the amount (if any) listed in the column headed "Commercial" in the tables in Part 1 or Part 2 of Schedule 3 opposite the entry listing the controlled plant. (5) For the purposes of the definition of commercial quantity in section 4(1) of the Act, the quantity of a mixture containing a particular controlled drug or controlled precursor prescribed as a commercial quantity for any mixture containing the drug or precursor is— (a) in the case of a controlled drug—the amount (if any) listed in the subcolumn headed "(mixed)" within the column headed "Commercial" in the tables in Part 1 or Part 2 of Schedule 1 opposite the entry listing the controlled drug; or (b) in the case of a controlled precursor—the amount (if any) listed in the column headed "Commercial (mixed)" in the table in Schedule 2 opposite the entry listing the controlled precursor. (6) For the purposes of the definition of commercial quantity in section 4(1) of the Act, the number of DDUs of a mixture containing a particular controlled drug prescribed as a commercial quantity for any mixture containing the controlled drug is the number of DDUs (if any) listed in the subcolumn headed "(mixed)" within the column headed "Commercial" in the tables in Part 1 or Part 2 of Schedule 1 opposite the entry listing the controlled drug. (7) For the purposes of the definition of trafficable quantity in section 4(1) of the Act, the quantity of a particular controlled drug (being a drug specified in Part 1 of Schedule 1) or controlled plant prescribed as a trafficable quantity of the drug in its pure form or of the plant is— (a) in the case of a controlled drug specified in Part 1 of Schedule 1—the amount (if any) listed in the subcolumn headed "(pure)" within the column headed "Trafficable" in the table in Part 1 of Schedule 1 opposite the entry listing the controlled drug; or (b) in the case of a controlled plant—the amount (if any) listed in the column headed "Trafficable" of the tables in Part 1 or Part 2 of Schedule 3 opposite the entry listing the controlled plant. (8) For the purposes of the definition of trafficable quantity in section 4(1) of the Act, the quantity of a mixture containing a particular controlled drug prescribed as a trafficable quantity for any mixture containing the controlled drug is the amount (if any) listed in the subcolumn headed "(mixed)" within the column headed "Trafficable" in the tables in Part 1 or Part 2 of Schedule 1 opposite the entry listing the controlled drug. (9) For the purposes of the definition of trafficable quantity in section 4(1) of the Act, the number of DDUs of a mixture containing a particular controlled drug prescribed as a trafficable quantity for any mixture containing the controlled drug is the number of DDUs (if any) listed in the subcolumn headed "(mixed)" within the column headed "Trafficable" in the tables in Part 1 or Part 2 of Schedule 1 opposite the entry listing the controlled drug. 6A—Exemptions—section 33I(2) (1) A person is exempt from the application of section 33I(2) of the Act in respect of— (a) the possession, supply or administration of a low THC cannabis food product; or (b) the possession or supply of processed hemp fibre containing 0.1% or less of tetrahydrocannabinols (including hemp fibre products manufactured from such fibre); or (c) the possession or supply of hemp seed oil containing cannabinoids at a level not exceeding 50 mg/kg for purposes other than internal human use; or (d) the possession or supply of industrial hemp in the course of the person's employment at a laboratory or place approved for examination and testing under section 19(1)(e) of the Industrial Hemp Act 2017. (2) A person employed or engaged by a prescribed industrial hemp authority to transport industrial hemp to another industrial hemp authority is exempt from the application of section 33I(2) of the Act in respect of the possession and supply of industrial hemp for the purpose of such transport. 7—Prescribed number of cannabis plants (section 33K) For the purposes of section 33K of the Act, the prescribed number of cannabis plants is 5. 8—Exemption from prohibition of possession of injecting equipment Section 33L(1)(c) of the Act does not apply to a person having in his or her possession a syringe or needle for use in connection with the administration of a controlled drug. 8A—Exemption—section 33L(2) (1) A person is exempt from the application of section 33L(2) of the Act in respect of— (a) the possession or consumption of a low THC cannabis food product; or (b) the possession of processed hemp fibre containing 0.1% or less of tetrahydrocannabinols (including hemp fibre products manufactured from such fibre); or (c) the possession of hemp seed oil containing cannabinoids at a level not exceeding 50 mg/kg for purposes other than internal human use; or (d) the possession of industrial hemp in the course of the person's employment at a laboratory or place approved for examination and testing under section 19(1)(e) of the Industrial Hemp Act 2017. (2) A person employed or engaged by a prescribed industrial hemp authority to transport industrial hemp to another industrial hemp authority is exempt from the application of section 33L(2) of the Act in respect of the possession of industrial hemp for the purpose of such transport. 9—Prescribed equipment (section 33LA) (1) For the purposes of section 33LA of the Act— (a) the following equipment (being equipment that is, or may at some stage have been, capable of being used for hydroponic cannabis cultivation) is prescribed: (i) metal halide lights, high pressure sodium lights and mercury vapour lights of 400 watts or greater; (ia) light‑emitting diode (LED) lights of 100 watts or greater; (ii) ballast boxes; (iii) devices (including control gear, lamp mounts and reflectors) designed to amplify light or heat; (iv) carbon filters designed to filter air within a room, or from 1 area of a building to another or to outside; (v) cannabis bud or head strippers; (vi) units designed to contain plants and rotate around a light source so that the plants grow hydroponically while being exposed to a consistent degree of light or heat or both; and (b) the following equipment (being equipment that is, or may at some stage have been, capable of being used in the manufacture of controlled drugs) is prescribed: (i) condensers; (ii) distillation heads; (iii) heating mantles; (iv) rotary evaporators; (v) heater‑stirrers; (vi) mechanical‑stirrers; (vii) pressure reaction vessels; (viii) separatory funnels; (ix) buchner flasks; (x) in‑line membrane filters; (xi) reaction vessels; (xii) splash heads; (xiii) tube furnaces; (xiv) manual or mechanical tablet presses, including parts for such an item; (xv) manual or mechanical encapsulators, including parts for such an item; (xvi) an item modified to perform the function of a condenser, distillation head, splash head, pressure reaction vessel or tube furnace; and (c) a device comprising a hydraulic compression system and a die that is, or may at some stage have been, capable of being used to compress a powdered substance into blocks is prescribed. (2) Equipment described in subregulation (1) is prescribed for the purposes of section 33LA of the Act regardless of whether the equipment is in working order or has been, or is being, modified in any way. 10—Prescribed quantity of mixture containing controlled precursors (section 33LB) The quantity of a mixture containing a particular controlled precursor prescribed for the purposes of section 33LB of the Act for any mixture containing the controlled precursor is the amount (if any) listed in the column headed "Commercial (mixed)" of the table in Schedule 2 opposite the entry listing the controlled precursor. 11—Prescribed equipment (sections 33LB and 33J) (1) For the purposes of sections 33LB(2)(b) and 33J(2)(b) of the Act— (a) the following equipment (being equipment that is, or may at some stage have been, capable of being used in the manufacture of controlled drugs) is prescribed: (i) condensers; (ii) distillation heads; (iii) heating mantles; (iv) rotary evaporators; (v) heater‑stirrers; (vi) mechanical‑stirrers; (vii) pressure reaction vessels; (viii) separatory funnels; (ix) buchner flasks; (x) in‑line membrane filters; (xi) reaction vessels; (xii) splash heads; (xiii) tube furnaces; (xiv) manual or mechanical tablet presses, including parts for such an item; (xv) manual or mechanical encapsulators, including parts for such an item; (xvi) an item modified to perform the function of a condenser, distillation head, splash head, pressure reaction vessel or tube furnace; and (b) a device comprising a hydraulic compression system and a die that is, or may at some stage have been, capable of being used to compress a powdered substance into blocks is prescribed. (2) Equipment described in subregulation (1) is prescribed for the purposes of sections 33LB and 33J of the Act regardless of whether the equipment is in working order or has been, or is being, modified in any way. 12—No accessorial liability in prescribed circumstances (1) For the purposes of section 33S of the Act, a circumstance consisting of the sale or supply of syringes or needles, or the giving of advice or instruction on the safe use of syringes or needles, by— (a) a medical practitioner; or (b) a pharmacist; or (c) a person acting in the course of a health risk minimisation program, is prescribed. (2) In this regulation— health risk minimisation program means a program— (a) designed to facilitate— (i) the supply to intravenous drug users of sterile syringes and sterile needles, and any associated equipment, to prevent the spread of infectious diseases and minimise health risks associated with intravenous drug use; and (ii) the giving out of information concerning safe practices in the use of syringes and needles to prevent the spread of infectious diseases; and (b) declared by the Minister, by notice in writing given personally or by post to the person responsible for conducting the program, to be a health risk minimisation program for the purposes of this regulation. (3) The Minister may, by subsequent notice in writing given personally or by post to the person responsible for conducting the program, vary or revoke the declaration. 13—Prescribed place For the purposes of section 44(1)(da) of the Act, a prescribed place is any place where members of the public are gathered for an entertainment or an event or activity of any kind, 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. 14—Expiation fees for simple cannabis offences In accordance with section 45A(3) of the Act, the fees fixed for the expiation of simple cannabis offences are set out in Schedule 5. 15—Simple cannabis offences (1) For the purposes of paragraph (a) of the definition of simple cannabis offence in section 45A(8) of the Act, the prescribed number of cannabis plants is 1. (2) For the purposes of paragraph (b) of the definition of simple cannabis offence in section 45A(8) of the Act, the following quantities of cannabis, cannabis resin and cannabis oil are prescribed: (a) in the case of cannabis—100 grams; (b) in the case of cannabis resin—20 grams; (c) in the case of cannabis oil—0 millilitres. (3) For the purposes of paragraph (c) of the definition of simple cannabis offence in section 45A(8) of the Act, a motor vehicle, train, tram or any other vehicle is, while in a public place, prescribed. 16—Taking of cannabis samples (section 52E(6)) (1) For the purposes of section 52E(6) of the Act, where samples of cannabis are to be taken, they must be taken as follows: (a) in the case of a crop of growing or newly harvested plants consisting of— (i) 10 or fewer plants—at least 1 sample must be taken; (ii) 11 to 20 plants—at least 5 samples must be taken; (iii) 21 to 100 plants—at least 10 samples must be taken; (iv) more than 100 plants—at least 20 samples must be taken; (b) in the case of dried and packaged cannabis, a sample of at least 10 grams must be taken from each package. (2) Each sample must be separately packaged and identified. (3) For the purposes of this regulation— samples, in relation to plants, means— (a) if the plants are immature (that is to say, they do not have any fully developed leaves) the plants themselves; (b) if the plants are mature, a fully developed leaf or flowerhead (taken from separate plants if more than one sample is required). 17—Prescribed manner of initiation of analysis and prescribed fee For the purposes of section 53(3) of the Act— (a) the prescribed manner of initiating an analysis is by notice in writing, addressed to the analyst, describing the substance to be analysed and signed by the person initiating the analysis; and (b) the prescribed fee for analysis is $207 per substance. 18—Prescribed form of certificate of analysis (section 53(4)) For the purposes of section 53(4) of the Act, the form set out in Schedule 4 is the prescribed form for the certificate of analysis.