Supplying Cannabis to a Child – South Australia
Supplying cannabis to a child in South Australia is treated as one of the most serious cannabis offences. The law applies whether the cannabis was gifted, shared, or sold and whether the child consented or not.
What is Supplying Cannabis to a Child?
Under section 33F of the Controlled Substances Act 1984 (SA), it is an offence to sell, supply, or administer a controlled drug (including cannabis) to a child under the age of 18.
You can be found guilty even if:
- No money changed hands
- The child requested or consented to it
- The cannabis was shared socially (e.g. smoking together)
- You were unaware the person was under 18
The law places the onus on adults not to provide cannabis to a person under 18 under any circumstances.
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.
All you need to do is book a free 30 minute consultation to get started. Your best defence is counting on it.
Penalties for Supplying Cannabis to a Minor
| Offence | Maximum Penalty |
|---|---|
| Supplying cannabis to a child (s33F) | $1,000,000 or life imprisonment, or both |
| Supplying within a school zone (s33G) | $1,000,000 or life imprisonment, or both |
This is a strict liability offence. The prosecution does not need to prove intent to harm, profit, or commerciality. Once supply and age are proven, the offence is made out.
What Counts as Supplying?
The terms “sell” or “supply”, or both, are expressly defined to include extended meanings in addition to the ordinary meanings of the words.
The term “supply” is also defined in section 4 of the Act as to “provide or distribute or offer to provide or distribute”. Supplying cannabis therefore includes:
- Giving or gifting cannabis.
- Sharing a joint or edible.
- Administering oil, resin, or capsules.
- Delivering or facilitating access to cannabis.
Even minor amounts, such as sharing a joint with a 17-year-old, can result in a prosecution for supplying cannabis to a child in South Australia under s33F.
What Does Not Count as Supplying?
However, “Supply” in its ordinary meaning does not include the mere return of physical control of a drug from a person, with whom it has been temporarily deposited by its owner or a person reasonably believed to be its owner, to that owner or ostensible owner.
This was considered in the case of R v Urbanski [2010] SASCFC 57, where the court held that where drugs are transferred into the possession of a person for safekeeping, the mere return of the drugs to the transferor would not constitute supply. However, the court also noted that if there was a pooling of drugs and no expectation that specific drugs would be returned to the other individual, the division of the drugs and the transfer of them to the other individual would constitute supply.
Can I Be Charged If I Didn’t Know Their Age?
Yes. Belief or mistake about age is not a defence under s33F.
Whether the child looked older, misrepresented their age, or you were unaware, you can still be prosecuted.
However, it is a defence to such a charge if it is proved that the defendant believed on reasonable grounds that the other person had attained 18 years of age.
Defence Strategies for Supplying Cannabis to a Child
This is a high-stakes charge, and our cannabis defence lawyers will examine every angle:
- Challenge the age evidence (lack of proof the person was under 18).
- Challenge the supply element — was it actual supply or mere presence?
- Raise mental health or intellectual impairment as a factor.
- Negotiate a downgrade or withdrawal where evidence is insufficient.
- Push for non-custodial sentencing where appropriate.
Charged With Supplying Cannabis to a Minor?
Charged With Supplying Cannabis to a Minor?
Do not speak to police before seeking legal advice. Supplying cannabis to a child carries career-ending, reputation-destroying consequences.
We act quickly to isolate weaknesses in the brief, challenge age assumptions, and negotiate with prosecution.
You don’t have to face this alone. We respond fast, negotiate hard, and work to protect your record.
Book a free 30 minute consultation to get started.