Cannabis Laws in South Australia
Cannabis is a prohibited plant in South Australia. Cultivating, selling, dealing in, possessing, smoking or consuming this plant or its products (which include marijuana, cannabis resin and cannabis oil) are offences under the Controlled Substances Act 1984. In Australia, the Customs Act 1901 (Cwlth) prohibits possession, importation and exportation of cannabis in any form.
Expiable Offences
- Possession of cannabis
- Possession of cannabis resin
- Smoking or consumption in a private place
- Possession of equipment for smoking or consumption
- Cultivation of cannabis plants
Non-expiable Offences
- Smoking or Consumption in a public place
- Personal possession
- Cultivation
- All offences relating to cannabis oil
- Driving under the influence of cannabis
- Offences committed by youths
- Production, sale and supply
- Sale and supply to a child
- Sale and supply within a school zone
Drug Driving
Further Information
Expiable Offences
(Simple Cannabis Offences)
In South Australia, simple offences relating to the personal possession and use of cannabis by adults may be dealt with under the Cannabis Expiation Notice scheme, whereby offenders are issued with 'on-the-spot' fine notices by police. Payment of the expiation fee within the prescribed payment period results in the offender avoiding a possible criminal conviction.
The expiable offences and penalties are as follows:
less than 25 g - $150
25 g or more but less than 100 g - $300
less than 5 g - $150
5 g or more but less than 20 g - $300
Smoking or consumption of cannabis or cannabis resin in a private place - $150
Possession of equipment for smoking or consumption of cannabis or cannabis resin
if sole offence - $150
if accompanied by another possession, smoking or consumption offence - $30
Cultivation of cannabis plants (not being artificially enhanced cultivation*)
One plant (provided the cannabis is for the grower's own use and not for sale or supply) - $300
(* artificially enhanced cultivation means: cultivation in a solution comprised wholly or principally of water enriched with nutrients; or cultivation involving the application of an artificial source of light or heat)
A Victims of Crime Levy accompanies each offence.
Expiation Notices can legally be issued only to persons aged 18 years or over. If the offender disagrees with any aspect of the charge, they can elect to go to court and defend the case rather than pay the expiation fee.
Failure to pay the prescribed fee within the expiation period (30-60 days) results in a reminder notice being sent and an additional fee. Subsequent failure to pay results in an automatic conviction for the cannabis offence being recorded. The original expiation fee becomes the fine, with the additional court costs.
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Non-Expiable Offences
Smoking or consumption in a public place(which includes a motor vehicle) carries a maximum fine of $500 and is accompanied by a criminal conviction.
Personal possession involving 100 grams or more of cannabis or 20 grams or more of cannabis resin requires the offender to go to court, risking conviction and facing a maximum fine of $500 (provided that the offender can satisfy the court that the cannabis was for personal use and not for sale or supply).
Cultivation of any artificially enhanced* cannabis plants requires the offender to go to court, risking conviction and facing a maximum fine of $500 (provided that the offender can satisfy the court that the cannabis was for personal use and not for sale or supply).
All offences relating to cannabis oil are non-expiable and are dealt with by the courts. A personal possession charge will incur a penalty not exceeding $2000 or 2 years imprisonment or both.
Driving under the influence of an intoxicating Liquor or Drug as to be incapable of exercising effective control of the vehicle is an offence under the Road Traffic Act 1961 and subject to the following penalties:
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First Offence |
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Subsequent Offence |
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THC is also a 'prescribed' drug for the purposes of the Road Traffic Act and it is an offence from 1 July 06 to drive with a prescribed drug in your oral fluid or blood. (See the Drug Driving section below for details of the separate offence of Driving with Prescribed Drug in Oral Fluid or Blood.)
Offences committed by youths (aged 10 or above but below 18) are dealt with under the Young Offenders Act 1993. An offence may result in an informal caution, a formal caution (this may include community service work or other undertakings as required by the police officer), a family conference or referral to the Youth Court.
Under the Police Drug Diversion Initiative, a simple cannabis offence (possessing, using cannabis and/or possessing equipment for smoking or consuming cannabis) will result in parents/guardians being notified and a referral to a health professional.
Production, sale and supply. A person must not knowingly be involved in the production, sale or supply of cannabis or cannabis resin. The maximum penalties are as follows:
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$2000 and/or 2 yrs imprisonment |
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$50 000 and/or 10 yrs imprisonment |
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$500 000 and 25 yrs imprisonment |
Sale and supply to a child. More severe penalties apply for the sale or supply of cannabis to children (under 18 years). The maximum penalties are as follows:
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$100 000 and/or 15 yrs imprisonment |
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$1 000 000 and 30 yrs imprisonment |
Sale and supply within a school zone. The same penalties as for sale or supply to children apply to the sale or supply to another person within a school zone (i.e. the grounds of a school and within 500 metres of the boundary) or any other area prescribed by the Controlled Substances Act.
The courts may also seize any property, assets and profits gained from trafficking.
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Drug Driving
Legislation introduced from 1 July 2006 enables police to conduct random roadside saliva tests to detect the presence of THC (the active component in cannabis), methylamphetamine (speed) and MDMA (ecstasy).
Drivers and riders can be stopped at random by any uniformed police officer at any time, anywhere in South Australia, and tested for these three illegal drugs as well as alcohol.
Under the Road Traffic Act it is an offence to drive or attempt to drive a motor vehicle with THC, methylamphetamine or ecstasy present in your oral fluid or blood.
Penalties for refusal or failure to undertake a drug screening test, oral fluid analysis or blood test will also apply.
More information about random roadside saliva testing and penalties
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Further Information
Alcohol & Drug Information Service
(24-hour information and counselling)
Tel: 1300 13 1340
(South Australian callers - local call fee)
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