A salt of a controlled drug listed in Schedule 1 of the Controlled Substances (General) Regulations 2000 (SA) is a form of that controlled drug, not a separate controlled drug. Charges for trafficking in a controlled drug need only name the substance listed in Schedule 1 and need not specify the particular form (salt, derivative, isomer etc) in which the drug was found. Alternatively, a salt of a listed substance is a 'preparation' within Regulation 5(1)(e). Section 33R of the CSA permits an alternative verdict of trafficking in a salt of a controlled drug as an 'equivalent offence' to trafficking in the controlled drug itself. Sections 353(2a) and 353(3) of the CLCA do not permit the Court of Criminal Appeal to substitute a verdict of guilty on a DPP appeal against acquittal; the only available remedy is a retrial.
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