Possession Above Threshold Quantity – South Australia
In South Australia, if you're caught with more than a trafficable quantity of cannabis, you can be deemed to have intended to sell or supply — even if it was for personal use.
What Is a Trafficable Quantity of Cannabis in SA?
Threshold quantities are defined under Schedule 3 of the Controlled Substances (Controlled Drugs, Precursors and Plants) Regulations 2014 (SA).
The key thresholds are:
| Quantity Type | Cannabis Quantity | Presumption Triggered |
|---|---|---|
| Trafficable | ≥250g OR ≥10 plants | Presumption of intent to sell (supply/trafficking) |
| Commercial | ≥1kg OR ≥20 plants | Presumption of commercial dealing |
| Large Commercial | ≥10kg OR ≥100 plants | Maximum penalties (25 years) |
| Quantity Range | Charge Type | Max Penalty |
|---|---|---|
| ≥250g or ≥10 plants | Trafficable | Up to 10 years / $50,00 |
| ≥1kg or ≥20 plants | Commercial Quantity | Up to 15 years / $75,000 |
| ≥10kg or ≥100 plants | Large Commercial Quantity | Up to 25 years / $200,000 |
Possessing these quantities can trigger presumptions under Regulation 6 and s4(1) of the Controlled Substances Act 1984 (SA), shifting the burden onto you to prove it was for personal use.
Book a same-day free 30-minute consultation or (08) 7094 2021 now to speak with a senior cannabis offence lawyer today.
What Happens If I’m Caught With Over 250g of Weed?
You are deemed to possess a trafficable quantity and Police may charge you with intent to supply, even if:
- It it is for your own use.
- There’s no sale, money, or trafficking evidence
You may be prosecuted under s32 or s33I depending on the substance and the court assumes intent to sell unless you can rebut the presumption.
What Is a Deemed Trafficking Charge?
Under Regulation 6 and Schedule 3, when you possess a trafficable or commercial quantity of cannabis:
- The law presumes you intended to sell or supply it.
- This becomes a trafficking offence under the Act.
- You face higher penalties and lose access to expiation or diversion.
Penalties for Possessing Cannabis Over Threshold
Additional charges may apply if:
- The cannabis was divided for sale (bagged).
- Money, tick lists, or scales were found.
- You were within a school zone or involved a child.
Can You Fight a Trafficable Presumption?
Yes – we have helped many clients rebut the presumption and avoid trafficking convictions.
Common defence strategies:
- Establish personal use pattern: cannabis dependence, medical use, high daily consumption
- Show no sale indicators: no cash, tick list, messages, packaging
- Argue possession was shared or social, not commercial
- Attack search legality or weight validity (e.g. cannabis was wet or included roots)
Will I Go to Jail for a Trafficable Amount?
Not necessarily. Sentencing depends on:
- Your prior record.
- Circumstances of possession.
- Whether intent to sell is proven.
- Whether you plead guilty or go to trial.
Facing a Trafficable Cannabis Charge?
We know how to rebut the presumption, suppress illegal evidence, and negotiate alternative charges.
Book a free consultation and get a defence strategy tailored to the exact weight, plant count, and facts of your case.