Procuring a Child to Commit a Cannabis Offence – South Australia
Procuring a child to cultivate, possess, or supply cannabis in South Australia is one of the most serious cannabis-related offences. The law reflects zero tolerance for involving minors in drug activity - - even if no sale occurred.
What Is Procuring a Child to Commit a Cannabis Offence?
Under section 33H of the Controlled Substances Act 1984 (SA), it is an offence to procure, induce, or encourage a child (under 18) to:
- Cultivate cannabis plants.
- Possess cannabis, resin, or oil.
- Supply or sell cannabis to others.
You can also be charged for attempting or offering to procure a child to commit any of these acts.
The law applies whether the child:
- Agreed or participated.
- Received payment or not.
- Was actually successful in the act or not.
Do not delay. The consequences of conviction are catastrophic.
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 Procuring a Child to Commit a Cannabis Offence
| Offence | Maximum Penalty |
|---|---|
| Procuring a child to commit cannabis offence | $1 000 000 or imprisonment for life, or both |
The penalty is the same regardless of whether the offence was cultivation, possession, or supply. The act of encouraging or directing a child to participate is enough.
s33H requires proof of intent to procure the child’s involvement. However,
- Belief that the child was over 18 is not necessarily a defence.
- Evidence such as messages, witness statements, or surveillance can be used to prove encouragement.
What does “Procuring” mean?
Procuring a child to commit a cannabis offence would involve actions that encourage, persuade, or otherwise influence a child to engage in activities that contravene the Controlled Substances Act 1984 (SA).
Examples of Procuring Behaviour
- Persuading or coercing a child to cultivate cannabis plants.
- Instructing a child on how to sell or distribute cannabis.
- Providing a child with cannabis with the intention that the child will sell or distribute it.
- Encouraging a child to possess cannabis with the intent to supply it to others.
- Asking your teenage child to help water or tend cannabis plants.
- Instructing a minor to deliver cannabis to someone.
- Sending a message to a young person asking if they want to help grow weed.
- Offering cannabis to a child as a way of getting them involved.
Even if the child refused or did not follow through, you can still be charged under s33H.
Defence Strategies for s33H Charges
These charges require immediate strategic response. We:
- Challenge whether the accused’s actions constituted “procurement”.
- Examine the child’s credibility or participation.
- Suppress evidence gathered unlawfully or without a warrant.
- Negotiate to downgrade or strike out charges where the facts are insufficient.
- We work to protect your liberty, your reputation, and your future.
Charged With Involving a Child in a Cannabis Offence?
This is a serious charge with devastating consequences if mishandled.
Do not speak with police or attempt to justify your actions until you have received legal advice.
Do not delay.
Book a free 30 minute consultation to get started.