South Australian Current Acts South Australian Current Acts33LE—Promoting controlled drug alternative
(1) A person who
promotes a substance—
(a) as
having pharmacological effects similar to those of a controlled drug; or
(b) as
being a legal alternative to a controlled drug; or
(c) in a
way that is intended, or likely, to cause a person to believe that the
substance—
(i)
is a controlled drug; or
(ii)
has pharmacological effects similar to those of a
controlled drug; or
(iii)
is a legal alternative to a controlled drug,
is guilty of an offence.
Maximum penalty:
(a) for
a basic offence—
(i)
if the offender is a serious drug
offender—$20 000 or imprisonment for 5 years, or both; or
(ii)
in any other case—$10 000 or imprisonment for 2
years, or both;
(b) for
an aggravated offence—$20 000 or imprisonment for 5 years, or both.
(2) In proceedings for
an offence against subsection (1), the prosecution need not prove that
the defendant promoted the substance—
(a) as
having pharmacological effects similar to those of a particular
controlled drug; or
(b) as
being a legal alternative to a particular controlled drug; or
(c) in a
way that is intended, or likely, to cause a person to believe that the
substance—
(i)
is a particular controlled drug; or
(ii)
has pharmacological effects similar to those of a
particular controlled drug; or
(iii)
is a legal alternative to a particular controlled drug.
(3) For the purposes
of subsection (1), a person
"promotes" a substance if the person takes any action that is designed to
publicise or promote the substance, whether visual or auditory means are
employed and whether the substance is directly depicted or referred to or
symbolism of some kind is employed, and includes taking any other action of a
kind prescribed by regulation for the purposes of this subsection.