Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 9 - DANGERS TO THE COMMUNITY  

Part 9.1 - Serious drug offences  

Division 314 - (Repealed by No 167 of 2012)  

SECTION 314.1   Controlled drugs  

(1)  


The following table lists controlled drugs and sets out quantities:


Controlled drugs and quantities
Controlled drug Trafficable Marketable Commercial
quantity quantity quantity
(grams) (grams) (kilograms)
1     Amphetamine 2.0 250.0 0.75
1A     Benzylpiperazine (BZP) 2.0 250.0 0.75
2     Cannabis (in any form, including flowering or fruiting tops, leaves, seeds or stalks, but not including Cannabis resin or Cannabis fibre) 250.0 25,000.0 125.0
3     Cannabis resin 20.0 25,000.0 125.0
4     Cocaine 2.0 250.0 2.0
5     Gammabutyrolactone (GBL) 0.5 250.0 1.0
6     4-Hydroxybutanoic acid (GHB) 0.5 250.0 1.0
7     Heroin (diacetylmorphine) 2.0 250.0 1.5
7A     Ketamine 3.0 500.0 1.0
8     Lysergide (LSD) 0.002 0.05 0.002
9     Methamphetamine 2.0 250.0 0.75
9A     Methcathinone 2.0 250.0 0.75
10   3,4-Methylenedioxyamphetamine (MDA) 0.5 100.0 0.75
11   3,4-Methylenedioxymethamphetamine (MDMA) 0.5 100.0 0.5
11A     4-Methylmethcathinone (4-MMC) 2.0 250.0 0.75
12   Opium 20.0 10,000.0 20.0
13   Psilocine 2.0 1,000.0 2.0
14   Psilocybine 2.0 1,000.0 2.0
15   Tetrahydrocannabinol (THC) 2.0 1,000.0 5.0

(2)  
A substance is a controlled drug if the substance (the drug analogue ) is, in relation to a controlled drug listed in subsection (1) (or a stereoisomer, a structural isomer (with the same constituent groups) or an alkaloid of such a controlled drug):


(a) a stereoisomer; or


(b) a structural isomer having the same constituent groups; or


(c) an alkaloid; or


(d) a structural modification obtained by the addition of one or more of the following groups:


(i) alkoxy, cyclic diether, acyl, acyloxy, mono-amino or dialkylamino groups with up to 6 carbon atoms in any alkyl residue;

(ii) alkyl, alkenyl or alkynyl groups with up to 6 carbon atoms in the group, where the group is attached to oxygen (for example, an ester or an ether group), nitrogen, sulphur or carbon;

(iii) halogen, hydroxy, nitro or amino groups; or


(e) a structural modification obtained in one or more of the following ways:


(i) by the replacement of up to 2 carbocyclic or heterocyclic ring structures with different carbocyclic or heterocyclic ring structures;

(ii) by the addition of hydrogen atoms to one or more unsaturated bonds;

(iii) by the replacement of one or more of the groups specified in paragraph (d) with another such group or groups;

(iv) by the conversion of a carboxyl or an ester group into an amide group; or


(f) otherwise a homologue, analogue, chemical derivative or substance substantially similar in chemical structure;

however obtained, except where the drug analogue is separately listed in subsection (1).

(3)  
The trafficable quantity for a drug analogue described in subsection (2) is:


(a) unless paragraph (b) applies - the trafficable quantity set out in the table in subsection (1) for the controlled drug to which the drug analogue relates (whether directly or indirectly); or


(b) if the drug analogue relates to more than one controlled drug listed in the table in subsection (1) - the smallest trafficable quantity set out in the table in subsection (1) for any of those controlled drugs.

(4)  
The marketable quantity for a drug analogue described in subsection (2) is:


(a) unless paragraph (b) applies - the marketable quantity set out in the table in subsection (1) for the controlled drug to which the drug analogue relates (whether directly or indirectly); or


(b) if the drug analogue relates to more than one controlled drug listed in the table in subsection (1) - the smallest marketable quantity set out in the table in subsection (1) for any of those controlled drugs.

(5)  
The commercial quantity for a drug analogue described in subsection (2) is:


(a) unless paragraph (b) applies - the commercial quantity set out in the table in subsection (1) for the controlled drug to which the drug analogue relates (whether directly or indirectly); or


(b) if the drug analogue relates to more than one controlled drug listed in the table in subsection (1) - the smallest commercial quantity set out in the table in subsection (1) for any of those controlled drugs.




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