Cannabis Offences and Penalties in South Australia
Charged with a cannabis offence in South Australia? Penalties range from expiation notices to life imprisonment and criminal asset confiscation.
Cannabis Offences Lawyers
Getting charged with a cannabis offence in South Australia can have serious consequences. Whether you have been caught with a few grams or accused of large-scale cultivation or trafficking of cannabis, understanding your rights and cannabis laws is essential.
Talon Legal are expert criminal defence lawyers with a proven track record of securing charge withdrawals, non-conviction orders and acquittals for even the most serious cannabis offences involving significant amounts.
Book a same-day free 30-minute consultation or call (08) 7094 2021 now to speak with a criminal lawyer specialising in cannabis offences.
Cannabis remains illegal in South Australia and is a controlled substance for the purposes of the Controlled Substances Act 1984 (SA) and the Controlled Substances (Controlled Drugs, Precursors and Plants) Regulations 2014.
If you are charged with a cannabis offence in South Australia, such as possession of cannabis, cultivating a controlled plant, or possession for the purpose of sale at a trafficable / commercial quantity, it is crucial to get advice from experienced criminal lawyers who are experts in drug offences.
You risk serious penalties including the possibility of life imprisonment depending on the amount of cannabis and criminal assets confiscation. This means, you can lose your home and personal property, in addition to your freedom.
Common Cannabis Charges in South Australia
Cannabis-related offences fall into three broad categories:
| Offence Type | Examples |
|---|---|
| Possession & Use | Possessing, smoking, or consuming cannabis |
| Cultivation & Manufacture | Growing plants (indoors or outdoors), producing cannabis resin/oil |
| Supply & Trafficking | Selling, gifting, or transporting cannabis or cannabis products |
What are Cannabis Offences?
The CSA contains numerous offences relating to controlled drugs, precursors and plants, such as:
- s33B – Cultivation of controlled plants for sale.
- s33C – Sale of controlled plants.
- s33K – Cultivation of controlled plants (non-commercial).
- s33L – Possession or consumption of controlled drugs.
- s33LA – Possession/supply of prescribed equipment (e.g., hydroponic equipment).
- s33I – Supply or administration of controlled drugs (includes cannabis resin/oil).
- s33J – Manufacture of controlled drugs.
- s33D – Sale of hydroponic cannabis cultivation equipment.
- s45A – Expiation of simple cannabis offences.
Facing Cannabis Charges in SA?
Penalty for Cannabis Offences in South Australia
Below is a reference summary of cannabis offences in South Australia. Click the offence name for detailed defences and penalty strategy.
| Offence | Section | Penalty | Thresholds / Notes |
|---|---|---|---|
| Cultivation of Controlled Plants for Sale | s33B(1) | Up to 10 years / $50,000 (smaller scale) to 25 years / $200,000 (commercial), or Life / $1,000,000 (large commercial or aggravated) | Applies to cultivation of any cannabis (includes hydroponic); aggravated offence provisions apply |
| Sale of Controlled Plants | s33C | Up to 10 years / $50,000 (smaller scale) to 25 years / $200,000 (commercial), or Life / $1,000,000 (large commercial or aggravated) | Trafficking threshold can upgrade charge |
| Cultivation of Controlled Plants (Non-Commercial) | s33K | Up to 2 years / $2,000 (basic). If >5 plants or artificially enhanced, penalty can increase (up to 5 years / $5,000 if aggravated) | Over 5 plants removes expiation eligibility per Reg 7 |
| Possession or Consumption of Cannabis / Resin / Oil | s33L | Max $2,000 fine | Personal use amounts below threshold may be expiable; cannabis oil and resin included |
| Possession/Supply of Prescribed Hydro Equipment | Reg 9 + s33LA | Up to 2 years / $10,000 (basic); up to 5 years / $20,000 if aggravated | Includes lights ≥400W, LED ≥100W, carbon filters, reflectors, strippers (see Reg 9) |
| Possession of > Prescribed Cannabis Quantity (Threshold) | Reg 6 + s4(1) | Trafficking/manufacture/cultivation penalties may apply | See Schedule 3 for exact gram/plant limits |
| Sale of Hydroponic Equipment | s33D | Up to 3 years / $15,000 (basic); up to 5 years / $20,000 if aggravated | Includes reflectors, lights, filters, etc. regardless of intent |
| Supply/Administer Cannabis Oil/Resin | s33I | Up to 3 years / $15,000 (basic); up to 15 years / $75,000 if aggravated | Applies even if not sold |
| Manufacture of Cannabis Resin/Oil | s33J | Up to 7 years / $30,000 (basic); up to 15 years / $75,000 if aggravated | Applies if converted from raw cannabis |
| Simple Cannabis Offence – Expiable | s45A + Reg 15 | Expiation fees: $150–$500 | Possession of ≤100g cannabis, ≤20g resin, ≤1g oil, or ≤1 plant |
| Aggravated Offences | s43 | Higher max penalty (e.g. 50%+ increase) | Applies to all Division 2–4 offences |
| Possession Above Trafficable Quantity | Reg 6 + Sch 3 | Elevates to 'deemed trafficking' charge | ≥250g cannabis; ≥10 cannabis plants |
| Possession Above Commercial Quantity | Reg 6 + Sch 3 | Triggers intent to sell unless rebutted | ≥1kg cannabis; ≥20 cannabis plants |
| Possession Above Large Commercial Quantity | Reg 6 + Sch 3 | Maximum penalties apply (can be up to Life / $1,000,000) | ≥10kg cannabis; ≥100 cannabis plants |
| Exempt Low THC Cannabis Food Product | Reg 6A | No offence – exempt from prosecution | THC must be <1% for leaf/flower, <5mg/kg for seeds |
| Exceeding Prescribed Number of Cannabis Plants | Reg 7 + s33K | Up to 2 years / $2,000 (basic); up to 5 years / $5,000 if aggravated | ≥6 plants considered indictable offence |
| Supplying Cannabis to a Child | s33F | Up to Life imprisonment / $1,000,000 fine | Child-specific offence; applies even if gifted |
| Supplying Cannabis in a School Zone | s33G | Life imprisonment or $1,000,000, or both | Strict liability applies to location; includes cannabis resin/oil |
| Procuring Child to Cultivate or Supply Cannabis | s33H | Up to Life imprisonment / $1,000,000 fine | Includes cultivation, possession, trafficking |
What Counts as Cannabis in SA?
SA law recognises three types of cannabis substances:
- Cannabis (plant) – includes seeds, leaves, flowering heads
- Cannabis Resin – partially extracted substance with THC content between 15–85%
- Cannabis Oil – highly concentrated THC extract (>85% soluble in hexane)
Even owning prescribed equipment (like high-wattage grow lights or carbon filters) can lead to a criminal charge.
Expiation vs Criminal Charges
Low-level cannabis offences may qualify for expiation (fine) instead of a court date – but only if:
- You possess under 100g cannabis, 20g resin, or 1 cannabis plant.
- You are not cultivating hydroponically.
- You were not near a school or child.
Otherwise, you will face criminal prosecution, and a conviction may follow.
What is a Trafficable or Commercial Quantity of Cannabis?
| Quantity Type | Cannabis (Dry) | Cannabis Plants |
|---|---|---|
| Trafficable | 250g | 10 plants |
| Commercial | 1kg | 20 plants |
| Large Commercial | 10kg | 100 plants |
Possessing more than a trafficable quantity allows police to charge you with trafficking cannabis, even without evidence of sale.
How to Beat a Cannabis Charge
Every cannabis offence can be challenged on various grounds. These may include:
- The search was unlawful.
- You were not in exclusive possession.
- You had a valid prescription (for medical cannabis, where lawful).
- The amount was below the legal threshold.
- The plants were not viable.
- You were not aware of the presence of cannabis.
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Need Help with a Cannabis Charge?
If you have been charged with a cannabis offence, speak to a criminal lawyer who understands how the courts treat these matters. Contact Talon Legal today to discuss your case for free and without obligation:
- Call now (08) 7094 2021 or book your free case review online.
- Understand non-conviction outcomes: Section 24 Sentencing Act guide.
- Read our recent case studies: Talon Legal cases won.