Low THC Cannabis Product Exemptions in South Australia
Not all cannabis-related products are illegal. In South Australia, certain low-THC cannabis food items are exempt from prosecution under Regulation 6A. But the rules are strict and misunderstood.
What is the Exemption for Low THC Cannabis Products?
Under Regulation 6A of the Controlled Substances (Controlled Drugs, Precursors and Plants) Regulations 2014, it is not an offence to possess or supply cannabis products that meet specific low-THC thresholds and are intended for human consumption.
To qualify as exempt, the product must:
- Be a food product intended for human ingestion (not smoke, vape, or topical).
- Have a total THC concentration less than 1% if it is a leaf or flowering top.
- Have less than 5 mg/kg of THC if it is derived from seeds (hulled, non-viable).
Book a same-day free 30-minute consultation or (08) 7094 2021 now to speak with a senior cannabis offence lawyer today if you are charged with a cannabis offence.
What Low THC Products Are Exempt?
Examples of potentially exempt products include:
- Hemp seed oil (cold-pressed, properly labelled)
- Roasted or hulled hemp seeds
- Protein powder made from hemp seed meal
- Snack bars containing legally processed hemp components
Products must be processed and sold as food. Anything marketed or used for smoking, vaporising, or topical application is not covered.
What Is Not Covered by the Exemption?
Even if low in THC, the following are still illegal:
- Cannabis flower or bud for smoking or vaping.
- Cannabis oil, tinctures, resin, or edibles containing extract.
- Topical balms or creams containing cannabinoids.
- Homemade food or drink infused with cannabis.
Do I Need a Prescription or Licence to Possess Low THC Products?
No prescription is required if the product meets Reg 6A.
However:
- Commercial sellers must comply with food labelling, safety and import standards.
- Possession of large quantities may still trigger investigation or seizure.
- Any product containing CBD or THC beyond the thresholds is not exempt.
Defence for Alleged Cannabis Possession
We have represented clients charged after:
- Police misidentified hemp seed oil or food as cannabis extract.
- Clients imported overseas CBD/hemp products not meeting local standards.
- Products tested above the allowed threshold despite lawful intent.
- We assist in raising technical legal arguments, challenging forensic testing methods, and proving lawful exemption under Regulation 6A.
Charged for Hemp or a Low-THC Product?
Do not assume a food label is enough. Police, prosecutors, and courts may not understand the nuances of the exemption. We help you:
- Prove the item meets the legal definition of an exempt product.
- Challenge police search or seizure of lawful goods.
- Defend against overcharged offences based on misunderstanding or lab error.
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Need Help with a Cannabis Charge?
If you have been charged with cultivation of cannabis for sale in South Australia, you must 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.
- Learn more about cannabis offences: Cannabis Offences in SA hub.