Sale of Cannabis Plants South Australia
Selling, distributing, or supplying cannabis plants in South Australia is treated as a major drug offence.
Sale or Supply of Cannabis Plants
Selling or supplying cannabis plants in South Australia is one of the most serious cannabis offences under the Controlled Substances Act 1984 (SA).
Even giving away a plant to a friend can lead to a maximum penalty of 25 years imprisonment.
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.
What is Sale or Supply of Cannabis Plants?
The offence of Sale or Supply of Cannabis Plants is governed by section 33C of the Act.
Section 33C of the Act provides that a person who sells or supplies a controlled plant, or its products, is guilty of an offence.
The penalties for this offence vary depending on the circumstances and the quantity of the controlled plant involved.
A person who sells or supplies, or offers to sell or supply, a controlled plant to another person is guilty of an offence.
The CSA defines “controlled plant” to include a cannabis in addition to growing cannabis plant or a cutting of a cannabis plant, provided that the cutting has been planted or otherwise placed in a growing medium.
What Conduct Is Captured?
The conduct captured under this section includes not only the act of selling or supplying the controlled plant itself but also the intention to sell or supply.
This means that if a person is found to be cultivating a controlled plant with the intention of selling it or its products, they can be charged under this section.
- Selling seedlings, cuttings, or clones to another person.
- Giving away a cannabis plant to a friend.
- Advertising cannabis plants online or in private chats.
- Swapping plants or seeds for goods or favours.
- Offering to supply plants, even if the transaction never completed.
The offence does not require proof of commercial intent. Gifting is still supply.
The prosecution must prove that the defendant sold or supplied the controlled plant, or had the intention to do so. In some cases, the CSA provides for presumptions of knowledge or intent.
For example, if it is proved that the defendant cultivated a trafficable quantity of a controlled plant, it is presumed, in the absence of proof to the contrary, that the defendant had the relevant intention or belief concerning the sale of the plants or their products necessary to constitute the offence
Common Scenarios Leading to Charges
- Selling seedlings via social media or encrypted apps
- Exchanging plants or seeds at a cannabis event
- Giving away plants to others as part of a group grow
- Mailing or transporting live plants or clones
- Even where no money changes hands, the intent to supply or transfer can support a charge
Penalty for Sale or Supply of Cannabis Plants
Additional penalties or refusal of bail may apply if:
- The recipient is a child (see Supplying to a Child).
- The supply occurs in a school zone (see School Zone Cannabis Offences).
- It forms part of a larger commercial or syndicate operation.
Large Commercial Quantity of a Controlled Plant
| Offence | Maximum Penalty |
|---|---|
| Selling large commercial quantity | $1,000,000 or imprisonment for life, or both. |
| Possession of large commercial quantity intending to sell | $1,000,000 or imprisonment for life, or both. |
Commercial Quantity of a Controlled Plant
| Basic Offence | Serious Drug Offender | Any Other Case | Aggravated Offence |
|---|---|---|---|
| Selling commercial quantity | $500 000 or imprisonment for life, or both | $200 000 or imprisonment for 25 years, or both; | $500 000 or imprisonment for life, or both |
| Possession of commercial quantity intending to sell | $500 000 or imprisonment for life, or both | $200 000 or imprisonment for 25 years, or both; | $500 000 or imprisonment for life, or both |
Sale or Supply of Cannabis Plants
| Offence | Serious Drug Offender | Any Other Case | $500 000 or imprisonment for life, or both |
|---|---|---|---|
| Selling a controlled plant | $75 000 or imprisonment for 15 years, or both | $50 000 or imprisonment for 10 years | $75 000 or imprisonment for 15 years, or both |
| Possession of a controlled plant intending to sell | $75 000 or imprisonment for 15 years, or both | $50 000 or imprisonment for 10 years | $75 000 or imprisonment for 15 years, or both |
Related Offences
Depending on the facts, police may lay additional or alternative charges such as:
- Cultivation for Sale (see Cultivating Cannabis for Sale)
- Possession of Prescribed Equipment (see Prescribed Hydro Equipment)
- Trafficable Quantities (see Cannabis Trafficable Amounts)
Defence to Cannabis Supply Cases
We defend cannabis supply cases by:
- Challenging the intent to supply by proving it was for personal use or cultivation only.
- Suppressing evidence from unlawful searches or surveillance.
- Disputing ownership or control of the plants.
- Arguing for downgraded charges or diversion programs where appropriate.
Accused of Supplying Cannabis Plants?
Whether you made a sale, gave away a plant, or were simply caught with the wrong message on your phone, the consequences can be severe.
We move fast to protect your record, push back on overcharged offences, and strategically dismantle Prosecution cases.
Do not delay. The consequences of conviction are catastrophic.
Book a free 30 minute consultation to get started.