Cannabis Possession Charge in South Australia?
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Possession of Cannabis in South Australia
Possession of Cannabis in South Australia is a criminal offence under the Controlled Substances Act 1984 (SA) if you are caught with more than 25 grams of cannabis or more than one non-hydroponically grown cannabis plant. Cannabis laws differ from state to stage and South Australia continues to have strict cannabis possession laws.
If you are charged with possession of cannabis in South Australia, you may face a criminal conviction which will result in a permanent criminal record which can affect your employment, overseas travel and future.
Talon Legal are expert cannabis possession lawyers in Adelaide with a proven track record of securing charge withdrawals, diversionary sentencing outcomes, non-conviction outcomes and acquittals for even the most serious cannabis possession offences.
Book a free 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.
Is Cannabis Possession a Criminal Offence in South Australia?
Yes, possession of cannabis is illegal in South Australia under the Controlled Substances Act 1984 (SA).
While SA has a decriminalised approach for small amounts of cannabis under an expungable expiation system, larger amounts, repeat offences, or related charges such as intent to sell or supply can lead to criminal charges.
- Expiation Offences (Minor Possession) – If you are caught with a small amount of cannabis (up to 25g) or one non-hydroponic plant, you may receive an on-the-spot fine instead of a criminal charge.
- Criminal Charges – If you are found in possession of larger amounts, are a repeat offender, or are suspected of trafficking, you could be charged with a criminal offence.
What Are the Penalties for Cannabis Possession in SA?
The penalties for cannabis possession in South Australia vary depending on the quantity and circumstances of the offence:
| Possession Type | Penalty |
|---|---|
| Small Quantity (up to 25g) | Maximum $500 fine |
| 25g but less than 100g | Possible criminal charges, court summons and good behaviour bond |
| Over 100g or trafficking offence | Maximum $2,000 fine or up to 2 Years Imprisonment |
If your case is expiatable, paying the fine avoids a criminal record. However, failing to pay or challenging the charge in court could lead to a conviction.
What Defences Are Available for Cannabis Possession Charges?
If you are facing cannabis possession charges, our lawyers can assess your case and determine if any of the following defences apply:
- Lack of Knowledge – You were unaware the cannabis was in your possession.
- Unlawful Search – Police may have conducted an illegal search without a warrant.
- Medical Use (Special Circumstances) – While medical cannabis is legal with a prescription, unauthorised possession can still lead to legal issues.
- No Control Over the Substance – The cannabis may have been planted or found in a shared space. Each case is unique, and our Adelaide drug lawyers will review your situation to challenge the charges or minimise penalties.
Charged with Possession of Cannabis? Don’t Risk a Conviction – Get Advice Now
Even if your charge is minor, consulting a lawyer can help you avoid unnecessary penalties or a criminal record. A criminal conviction for drug possession can have long-term consequences, including:
- Employment restrictions in government, law enforcement, or healthcare.
- Difficulties in obtaining travel visas (e.g., the US, Canada).
- Issues with child custody cases.
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✔ Experienced defence lawyers in Adelaide
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Our Adelaide Criminal Defence lawyers are experts in cannabis offences and drug charges. We will guide you through the Court process, appear on your behalf, negotiate with the Prosecution, fight to reduce fines, penalties and help you to avoid a conviction.
Need Help with a Cannabis Charge?
If you have been charged with cultivation of cannabis for sale in South Australia, you must speak to a criminal lawyer who understands how the courts treat these matters. 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.