Simple Possession of Cannabis – South Australia
Charged with simple cannabis possession in South Australia? Find out if your charge can be expiated, withdrawn, or downgraded. We fight to keep your record clean.
What is Simple Cannabis Possession?
In South Australia, possession of a small quantity of cannabis for personal use is typically treated as a simple cannabis offence. These offences are defined under section 45A of the Controlled Substances Act 1984 (SA) and Regulation 15 of the Controlled Substances (Controlled Drugs, Precursors and Plants) Regulations 2014 (SA).
A simple cannabis offence may be eligible for expiation (a fine) and does not require a court appearance, but only if certain strict conditions are met.
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.
All you need to do is book a free 30 minute consultation to get started. Your best defence is counting on it.
Can You Be Fined for Weed Instead of Going to Court?
Yes. If your case falls within the expiable thresholds, you will usually receive a notice with a fine of $150–$500 instead of a summons to appear in court.
Expiation is only available if:
- You possess ≤100g cannabis, ≤20g cannabis resin, ≤1g cannabis oil, or ≤1 cannabis plant (not hydroponically grown).
- The offence was for personal use only.
- You were not in possession of prescribed equipment (e.g. grow lights, carbon filters).
- You were not near a school or child.
If you don’t meet these criteria, or if you have received multiple expiations before, you may be charged.
Penalties for Simple Cannabis Possession in South Australia
| Type of Offence | Penalty |
|---|---|
| Expiable (under Reg 15 + s45A) | $150–$500 fine, no conviction recorded |
| Non-expiable (s33L) | Up to 2 years imprisonment / $2,000 fine |
| With prescribed hydroponic equipment (s33LA) | Up to 2 years / $10,000 fine |
A criminal conviction may result if the matter proceeds to court.
Is It Still a Crime if I Pay the Fine?
No. If you pay the fine on time under the expiation notice, no conviction is recorded and you will not have a criminal history for that offence.
However, it will still appear on your police expiation history and can disqualify you from expiating future offences. This may be relevant for:
- Security clearances.
- Future drug charges.
- Driver’s licence appeals.
- Disciplinary proceedings.
- Immigration and overseas travel.
What Can a Lawyer Do to Help?
Our cannabis offence lawyers:
- Assess whether expiation was correctly issued
- Apply to withdraw expiation and elect prosecution where beneficial
- Negotiate non-conviction outcomes in court under section 16 of the Sentencing Act
- Identify whether the search or seizure was unlawful
- Argue the offence was trifling or not in the public interest to prosecute
We have had many of cannabis possession charges either withdrawn, expiated, or dismissed with no conviction.
Can You Be Arrested for Simple Possession in SA?
Yes. While police often issue an expiation notice, they still have discretion to charge you, especially if:
- You are carrying large amounts of cash or multiple baggies.
- There are weapons, scales, or messages suggesting sale.
- You have prior expiations or convictions.
Your Options Right Now
- You received an expiation notice – we can advise whether to pay or challenge it.
- You are charged with s33L – we prepare your defence and act to avoid a conviction.
- You are unsure what’s happening – send us a copy of your charge sheet or notice and we’ll tell you exactly what you are facing.
Free Case Assessment
We offer a free 30-minute consultation for anyone facing cannabis possession charges in South Australia.
Fixed fees
No hidden costs
Real defence lawyers