Possession of Cannabis Resin or Cannabis Oil
Cannabis resin and cannabis oil are treated as serious forms of cannabis under South Australian law. Possessing even small quantities can result in criminal charges, especially if the substance is concentrated or extracted.
What Is Cannabis Resin and Cannabis Oil?
Cannabis resin (hash or hashish) and oil are are defined under section 4(1) the Controlled Substances Act 1984 (SA) and are declared as “controlled drugs” under the schedules in the Controlled Substances (Controlled Drugs, Precursors and Plants) Regulations 2014. Cannabis oil and cannabis resin are not “simple cannabis offences” capable of expiation.
Cannabis resin and cannabis oil are produced by extracting these materials from the cannabis plant. They are defined as substances that contain any one of certain specified chemicals, one of which (in each case) is “cannabinoids”. Examples include:
- Hash or pressed resin blocks.
- Cannabis tinctures or oils.
- Butane hash oil (BHO).
- Cannabis-infused drops, vapes, capsules.
Under section 33L, a person who has possession of, or who consumes, a controlled drug is guilty of an offence.
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 Cannabis Resin?
Cannabis resin is defined as a substance that contains chemicals of any one or more of the following classes:
- Cannabinoids;
- Tetrahydrocannabinols; and
- Alkyl homologues of tetrahydrocannabinols.
Where the amount of soluble material in any quantity of the substance, when dissolved in the solvent known as hexane, constitutes more than 15% but not more than 85% of the weight of that quantity of substance.
Cannabis Oil and Resin Penalties in SA
| Offence | Maximum Penalty |
|---|---|
| Possession of cannabis resin | $2,000 fine |
| Possession of cannabis oil | $2,000 fine |
| Smoking cannabis oil | $2,000 fine |
| Smoking cannabis resin | $2,000 fine |
| Possessing any equipment for use in connection with smoking, consuming or preparing cannabis resin or oil | $2,000 fine |
When Is It an Expiable Offence?
Under Regulation 15 of the Controlled Substances (Controlled Drugs, Precursors and Plants) Regulations 2014:
- Possession of up to 20g of resin may be dealt with by expiation notice (fine only).
- Cannabis oil is not eligible for expiation under Regulation 15 – the prescribed quantity is 0 millilitres.
Expiation is only available if:
If a person is alleged to have committed a simple possession offence, pursuant to section 45A, a person can be expiated instead of being prosecuted. This may occur where:
- The offence is minor.
- No aggravating features are present.
- The person has no relevant prior convictions.
Expiation amounts range from $150 to $500, but police retain discretion to prosecute.
What Increases the Risk of Being Charged?
Police may treat possession more seriously if:
- You have cannabis resin or oil in a vape, dropper, or syringe.
- There is associated hydroponic equipment or preparation equipment.
- It occurs near a school or with a child present.
- The amount exceeds the expiable limits.
In some cases, charges may escalate to:
- Supplying cannabis (s33I) if another person is involved.
- Manufacture (s33J) if oil was prepared or extracted by the accused.
Possession of Cannabis Oil and Resin Defence
To secure a conviction, the prosecution must prove that the defendant had possession of the substance and that the substance is indeed cannabis resin or cannabis oil as defined under section 4 of the CSA.
We assess every case for:
- Improper police search or seizure.
- Threshold errors (e.g. weight includes packaging or non-drug materials).
- Unlawful forensic testing or delays.
- Eligibility for diversion, discharge or non-conviction outcome.
- Even where guilty, we may argue for leniency based on:
- Personal or medical use.
Charged With Possession of Cannabis Resin?
If you are charged with possessing cannabis oil in South Australia, you must speak with a criminal defence lawyer who understands how the courts treat these matters. We act quickly, provide fixed fees, and appear in every South Australian Court including the Magistrates Court, District Court and Supreme Court.
Our criminal defence lawyers have a proven track record of securing charge withdrawals, non-conviction orders and acquittals for even the most serious cannabis offences involving significant amounts.
Contact Talon Legal today to discuss your case for free and without obligation:
- Call now (08) 7094 2021 or book your free case review online.
- Understand non-conviction outcomes: Section 24 Sentencing Act guide.
- Learn more about cannabis offences: Cannabis Offences in SA hub.