Possession of Prescribed Hydroponic Equipment – South Australia
Charged with possessing hydroponic cannabis equipment? Even without any plants, it can be a criminal offence in South Australia. Here is what you need to know.
What Is Prescribed Hydroponic Equipment?
Under section 33LA of the Controlled Substances Act 1984 (SA) and Regulation 9 of the Controlled Substances (Controlled Drugs, Precursors and Plants) Regulations 2014, it is an offence to possess prescribed equipment used for cultivating cannabis.
The law targets items associated with indoor hydroponic growing, including:
- Artificial lights (e.g. 400W+ HID, high-power LED 100W+).
- Ballasts and timers.
- Ventilation systems and carbon filters.
- Nutrient solutions, pumps and irrigation systems.
- Reflective materials (e.g. Mylar).
- Electrical timers and switchboards used for plant lighting.
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.
Penalty for Possessing Prescribed Equipment
| Offence | Section | Penalty |
|---|---|---|
| Possession of prescribed equipment | s33LA + Reg 9 | Up to 2 years imprisonment / $10,000 fine |
| If serious drug offender or aggravated offence | 33LA | Up to 5 years / $20,000 fine |
| With cannabis found nearby | s33LA + s33K | Separate charges for cultivation may apply |
| Equipment sold/distributed to another | s33D or s33LA | May attract higher penalties if linked to sale |
Convictions under s33LA can be recorded even when there is no cultivation, particularly when items are concealed, modified, or suggest intention to grow.
What is Prescribed Equipment?
Regulation 9 of the 2014 Regulations defines it to include:
- High-intensity discharge (HID) lights.
- LED lighting ≥100 watts.
- Carbon filters.
- Ventilation hoods.
- Irrigation controllers and timers.
- Nutrient delivery systems.
- Reflective linings and sheeting.
- Thermometers, hygrometers and pH meters used for cultivating cannabis.
Having a combination of these items increases the likelihood of a charge.
Can You Be Charged Without Growing Anything?
Yes. Prosecutors do not have to prove actual cultivation – just possession of the equipment, where it appears to be intended or adapted for cannabis production.
This means you can be charged even if:
- The equipment is in storage
- You claim it was bought for another use
- No plants or seeds are found
Intent is inferred from quantity, configuration, concealment, and context (e.g. text messages, messaging applications such as telegram, social media, setup of the room).
Is It Illegal to Sell Grow Equipment?
If you knowingly sell or supply prescribed equipment for cannabis cultivation, you may be charged under s33D or s33LA.
This includes:
- Operating online grow supply stores.
- Selling hydro kits via Facebook Marketplace or Gumtree.
- Modifying or bundling grow lights with carbon filters.
Even if you do not mention cannabis, you may still be charged if the sale appears linked to cultivation.
Defence Strategies for Equipment Charges
We look at every angle to beat or mitigate your charge:
- Arguing the equipment was not adapted or intended for cannabis.
- Challenging the legality of police search or seizure.
- Establishing innocent use (e.g. for tomato growing, hydro herbs).
- Contesting the technical specs (e.g. LED <100W, not carbon-filtered).
We’ve secured many withdrawals, no convictions, and section 16 outcomes where the evidence was weak or improperly obtained.
Book a Free 30 Minute Consultation
Charged with a cannabis offence including a prescribed equipment offence?
We assist clients charged with:
- Possessing prescribed cannabis cultivation equipment.
- Selling or supplying hydroponic systems.
- Facing cultivation charges based on room setup.
Book a free 30-minute call and get strategic advice from a criminal defence lawyer who knows the Act, the science, and the courtroom.