Manufacturing Cannabis Resin or Cannabis Oil in South Australia
Manufacturing cannabis resin or cannabis oil is a serious criminal offence under section 33J of the Controlled Substances Act 1984 (SA). If convicted, you face up to 15 years imprisonment or a $75,000 fine, or both.
What is Manufacturing Cannabis Resin or Oil?
Manufacturing cannabis resin or cannabis oil is a serious criminal offence under section 33J of the Controlled Substances Act 1984 (SA). This offence targets the process of converting raw cannabis into concentrated forms like hashish, rosin, or oil. Under section 33J, a person who manufactures a controlled drug, or has possession of prescribed equipment with the intention of using it to manufacture a controlled drug, is guilty of an offence.
The prosecution must prove beyond reasonable doubt that the defendant manufactured the controlled drug, or had possession of the prescribed equipment with the intention of using it to manufacture the controlled drug. This could include, for example, using specific equipment to extract cannabis resin or oil from cannabis plants.
Our criminal defence lawyers have a proven track record of securing charge withdrawals, non-conviction orders and acquittals for even the most serious cannabis resin or oil manufacturing offences.
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 Considered “Manufacture” of Cannabis Resin or Oil?
The law considers it manufacturing when someone:
- Extracts cannabinoids from cannabis plant matter using heat, solvents, or compression.
- Produces resin, hash, or oil from dried cannabis.
- Converts cannabis flower into dabs, wax, paste, drops, or tinctures.
- Uses kitchen chemistry or extraction tools (e.g. butane, ethanol, presses).
A person who manufactures, or participates in the manufacture of, a controlled drug is guilty of an offence.
These substances are classified as controlled drugs, not simple cannabis. Therefore, manufacture is treated more seriously than possession.
You do not need to sell or supply the product to be charged. The act of production alone is sufficient.
Penalty for Manufacturing Cannabis Oil or Resin
| Offence | Maximum Penalty |
|---|---|
| If serious drug offender | $75,000 or imprisonment for 15 years, or both |
| In any other case | $30,000 or imprisonment for 7 years, or both |
| Aggravated offence | $75,000 or imprisonment for 15 years, or both |
Aggravated circumstances or large-scale production may lead to:
- Refusal of bail.
- Charges under commercial or large commercial quantity thresholds (see Trafficable Quantities).
- Additional charges (e.g. Possession of Prescribed Equipment).
Common Examples
- Homemade cannabis rosin or BHO (butane hash oil) press operations.
- Cannabis oil extraction using ethanol or other solvents.
- Production of hash from trichomes.
- Infusion of cannabis extract into capsules or droppers for consumption.
Defence Strategies for Manufacturing Charges
We analyse:
- Whether the substance is truly a controlled drug under the Act.
- Whether the process constitutes manufacture, or simply possession or preparation.
- Faulty forensics, mishandled evidence or invalid search warrants.
- Whether the quantity falls under Reg 15 expiable limits (though cannabis oil is not expiable under Reg 15(2)(c)).
In certain circumstances, we seek to downgrade the charge to:
- Possession (s33L).
- Exclude inadmissible evidence.
- Negotiate no conviction outcomes for minor domestic processes.
Charged With Manufacturing Cannabis Resin or Oil?
Prosecutors often overreach by alleging manufacturing where possession may be more appropriate. We push back strategically using forensic, statutory, and procedural leverage.
Book Your Free 30 Minute Initial Case Assessment.