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), whatever the amount. Up to 100 grams of cannabis, or one plant grown without hydroponics or artificial light, is usually dealt with by an expiation notice instead of a court charge. Cannabis laws differ from state to state 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 expiation system, larger amounts or related charges, such as possession for sale or supply, lead to criminal charges.
- Expiation Offences (Minor Possession) – If you are caught with a small amount of cannabis (up to 100g) 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, or are suspected of trafficking, you could be charged with a criminal offence.
If the drug was not cannabis, see our guides to drug possession, police drug diversion and drug offences.
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 |
|---|---|
| Less than 25g | Expiation fee of $250 |
| 25g to 100g | Expiation fee of $400 |
| Over 100g | Court charge with a maximum $2,000 fine (no imprisonment for possession). Possessing 250g or more raises a presumption of trafficking |
If the offence is expiable, paying the expiation fee means you cannot be prosecuted for it, so no conviction is recorded. Expiation is not an admission of guilt and cannot be mentioned in a report to a court for sentencing (section 15 of the Expiation of Offences Act 1996 (SA)). If the fee is not paid, a reminder notice follows with an added fee, and the amount can then be enforced as a debt. An enforcement determination also counts as expiation, so there is still no conviction (sections 22 and 24 of the Fines Enforcement and Debt Recovery Act 2017 (SA)). A conviction can only come from a court, for example if you elect to be prosecuted (section 8 of the Expiation of Offences Act) and the court convicts.
What Is a Simple Cannabis Offence?
A simple cannabis offence is defined in section 45A(8) of the Controlled Substances Act 1984 (SA). It covers possessing up to 100 grams of cannabis or 20 grams of cannabis resin, smoking or consuming cannabis or resin other than in a public place (a vehicle in a public place counts as public), possessing equipment for smoking or consuming it, and growing one cannabis plant without hydroponics or artificial light (regulation 15 of the Controlled Substances (Controlled Drugs, Precursors and Plants) Regulations 2014 (SA)). Any amount of cannabis oil falls outside it.
Can You Be Fined Instead of Going to Court?
Yes. For an adult, an expiation notice must be given for a simple cannabis offence before any prosecution starts (section 45A(2)), although a prosecution is not invalid if one was not given (section 45A(7)). The expiation fees are set by Schedule 5 of the regulations:
- Possessing less than 25 grams of cannabis: $250. From 25 to 100 grams: $400.
- Possessing less than 5 grams of cannabis resin: $250. From 5 to 20 grams: $400.
- Smoking or consuming cannabis or resin other than in a public place: $250.
- Possessing equipment for smoking or consuming cannabis: $250, or $130 with another simple cannabis offence.
- Growing one cannabis plant: $400.
Possessing prescribed hydroponic equipment, such as grow lights or carbon filters, is a separate offence (section 33LA) that cannot be expiated. It carries a maximum of $10,000 or 2 years imprisonment.
When Can Police Charge You Instead?
If the amount is above the expiation limits, or police suspect sale or supply (for example cash, multiple bags, scales or messages), the charge is likely to be possession for sale, supply or trafficking rather than a simple cannabis offence. Possessing 250 grams or more raises a presumption of trafficking (section 32(5)); see our trafficable quantity guide.
What Can a Lawyer Do to Help?
- Check whether an expiation notice was correctly issued, or should have been.
- Advise whether to pay the notice or elect to be prosecuted.
- Seek a non-conviction outcome in court (see our section 24 guide).
- Challenge an unlawful search or seizure.
- Argue that the offence is trifling or that prosecution is not in the public interest.
Your Options Right Now
- You received an expiation notice: we can advise whether to pay it or challenge it.
- You are charged under section 33L: we prepare your defence and act to avoid a conviction.
- You are unsure what is happening: send us your charge sheet or notice and we will tell you what you are facing.
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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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 possession of cannabis 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.