Cultivating More Than 5 Cannabis Plants
Growing more than five cannabis plants in South Australia is an indictable offence, even for personal use. Know the risks, penalties, and how to defend yourself.
When Is Cultivating Cannabis a Criminal Offence in SA?
Under section 33K of the Controlled Substances Act 1984 (SA) and Regulation 7 of the Controlled Substances (Controlled Drugs, Precursors and Plants) Regulations 2014, the cultivation of cannabis becomes a criminal offence when:
- You cultivate more than 5 plants, regardless of intended use.
- You cultivate any plant hydroponically, even just one.
- You cultivate commercial or trafficable quantities under Schedule 3.
If you grow cannabis outside these limits, you cannot receive an expiation notice. Instead, the matter must be dealt with by the courts.
Penalty for Cultivating More Than 5 Cannabis Plants
| Offence | Penalty |
|---|---|
| ≤5 plants (outdoor, non-hydro) | Expiation: $300–$500 fine |
| >5 plants (any type) | Up to 2 years imprisonment / $10,000 fine |
| Hydroponic setup (any number) | Indictable: up to 2 years / $10,000 fine |
| ≥10 plants | Deemed trafficable under Schedule 3 |
| ≥20 plants | Deemed commercial quantity |
| ≥100 plants | Large commercial quantity (max 25 years) |
These thresholds can trigger presumptions of trafficking or commercial intent, meaning you may need to rebut those presumptions in court.
If you fail to do so, you may end up losing more than just your freedom as the Director of Public Prosecutions will likely pursue criminal asset confiscation.
Can You Grow Cannabis for Personal Use in South Australia?
Technically, no. Even small-scale cultivation remains illegal. However, if you grow five or fewer plants outdoors for personal use, you may be eligible for an expiation notice.
Growing cannabis is not lawful in any quantity under state law, even for medical users, unless you are licensed under the Commonwealth medicinal cannabis scheme (which does not allow home cultivation).
Defences to Cannabis Cultivation Charges
We can help you explore legal defences such as:
- Lack of intent: plants grew naturally or without your knowledge
- Not in possession/control: plants were on shared property or belong to someone else
- Unlawful search or entry: the plants were discovered via illegal police procedure
- Medical hardship: can support arguments for leniency or no conviction under sentencing principles
What Happens If You’re Caught With 6 Plants?
- You cannot be fined by expiation
- Police may charge you under s33K
- You will be required to attend court
- If hydroponic equipment is found (lights, timers, pumps), further charges may apply under s33LA.
Is It Legal to Grow Medical Cannabis at Home?
No. Even with a prescription, patients are not legally permitted to grow cannabis themselves.
Medical cannabis products must be:
- Prescribed by an authorised doctor.
- Dispensed by a licensed pharmacist.
- Produced under a Commonwealth licence.
Any home growing, even for medical reasons, remains illegal under South Australian law.
Need Legal Help With a Cultivation Charge?
We assist clients charged with:
- Cultivating over 5 cannabis plants.
- Growing cannabis hydroponically.
- Facing trafficking presumptions due to number of plants.
- Being searched unlawfully.
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.