Sale of Hydroponic Equipment – South Australia
Selling hydroponic equipment used for growing cannabis is a criminal offence in South Australia. If police believe the equipment is intended for cultivating cannabis, you may be charged under section 33D of the Controlled Substances Act 1984 (SA).
What is Sale of Hydroponic Equipment?
Selling cannabis-related hydroponic equipment is an offence under section 33D of the Controlled Substances Act 1984 (SA) and deals with the offence of selling, supplying, or administering prescribed equipment.
Prescribed equipment, as defined by the CSA, includes any equipment, material or substance specified in the regulations that is used or intended to be used in connection with the commission of a drug offence.
A person who sells or supplies, or offers to sell or supply, any equipment that is intended to be used for the hydroponic cultivation of controlled plants is guilty of an offence.
You can be charged even if no cannabis is present – mere possession of the gear is sufficient.
You don’t have to face this alone. We respond fast, negotiate hard, and work to protect your record.
Book a same-day free 30-minute consultation or (08) 7094 2021 now to speak with a senior cannabis offence lawyer today. Your best defence is counting on it.
What is Prescribed Hydroponic Equipment?
Regulation 9 of the Controlled Substances (Controlled Drugs, Precursors and Plants) Regulations 2014 (SA) lists prescribed hydroponic equipment, including:
| Category | Prescribed Equipment (Reg 9) |
|---|---|
| Hydroponic Cultivation Equipment | Metal halide, high-pressure sodium, or mercury vapour lights (≥400W) |
| LED grow lights (≥100W) | |
| Ballast boxes | |
| Devices to amplify light/heat (e.g. reflectors, control gear) | |
| Carbon air filters | |
| Bud/head strippers; rotating hydroponic plant units | |
| Drug Manufacturing Equipment | Condensers |
| Distillation heads | |
| Heating mantles | |
| Rotary evaporators | |
| Heater-stirrers and mechanical stirrers | |
| Pressure reaction vessels | |
| Separatory funnels & Buchner flasks | |
| In-line membrane filters | |
| Reaction vessels & splash heads | |
| Tube furnaces | |
| Tablet presses or encapsulators (manual or mechanical) | |
| Modified items used as condensers, furnaces, etc. | |
| Compression Equipment | Hydraulic compression devices with dies for forming compressed blocks |
Penalty for Selling Hydroponic Equipment
| Offence | Maximum Penalty |
|---|---|
| If serious drug offender | $20 000 or imprisonment for 5 years, or both |
| In any other case | $15 000 or imprisonment for 3 years, or both |
| Aggravated Offence | $20 000 or imprisonment for 5 years, or both |
Common Scenarios Leading to Charges
- Selling grow lights or fans via Facebook Marketplace or Gumtree.
- Supplying multiple items together (suggesting grow setup).
- Running a hydroponics store or warehouse without proper disclaimers.
- Discussing cannabis use with a buyer.
How is Selling Equipment Different From Possession?
You can be charged with possession of prescribed equipment under s33LA, but s33D focuses on the seller.
It targets::
- Retailers.
- Private resellers.
- Hobby growers supplying gear to others.
- Intent to sell for hydroponic cannabis use is what distinguishes the charge.
Defence Strategies
We assess and challenge:
- Whether the items fall within Regulation 9.
- Whether the sale was for cannabis cultivation or lawful use.
- The intent or purpose inferred by police.
- The lawfulness of searches, warrants or recorded conversations.
Charged With Selling Grow Equipment?
These offences can have lasting consequences for your business and criminal record. We:
- Act fast to suppress improper evidence.
- Defend your right to sell general-use equipment.
- Push back against overreaching enforcement.
Book a free 30 minute consultation now.