Accused or charged with cultivation of cannabis?

Yes. Under section 33K of the Controlled Substances Act 1984 (SA), it is an offence to cultivate cannabis in South Australia unless done under legal authorisation (e.g., for medical or industrial hemp purposes). Even growing a single plant is considered an offence, although minor cases may be dealt with via Cannabis Expiation Notices.

Penalties vary depending on the number of plants and method of cultivation:

• 1 plant: $300 expiation fee (if eligible)
• 2–5 plants: up to $1,000 fine or 6 months’ imprisonment
• More than 5 plants: up to $2,000 fine or 2 years’ imprisonment
• Trafficable quantity (10+): up to 15 years’ jail or $75,000 fine
• Commercial quantity (20+): life imprisonment or $500,000 fine
• Large commercial quantity (100+): life imprisonment or $500,000 fine

No. Personal use is not a legal defence in South Australia. However, if you are caught with one non-hydroponic plant, you may receive an on-the-spot fine instead of being prosecuted.

A Cannabis Expiation Notice (CEN) is an alternative to criminal prosecution. It allows police to issue a fine (usually $300–$400) for minor cannabis cultivation or possession offences, such as growing a single plant. Hydroponic plants and offences involving multiple plants are not eligible for expiation.

In South Australia, being caught with one non-hydroponic cannabis plant is classed as a simple cannabis offence. Police can issue an expiation notice (fine) of up to around $500 instead of charging you in court. However, if the plant is grown hydroponically, or you have more than one plant, the matter is treated as cultivation of cannabis under the Controlled Substances Act 1984 (SA) and penalties can become far more serious.

There is no legal allowance to grow cannabis for personal use in South Australia. Growing even a single plant is still an offence under the law, the only difference is that one non-hydroponic plant may be dealt with by a fine. Any hydroponic growing, or more than one plant, is prosecuted in court and can carry significant penalties.

Yes. Growing cannabis with artificially enhanced methods (e.g., hydroponics, artificial lighting) makes the offence automatically more serious, even if it’s only one plant. This offence attracts higher penalties and cannot be dealt with via a CEN.

In South Australia:

• 10 plants = Trafficable quantity
• 20 plants = Commercial quantity
• 100 plants = Large commercial quantity

Penalties escalate significantly with quantity.

Not usually. The legislation defines a “controlled plant” as a living plant or cutting that is actively growing or placed in a growing medium. If the plant is dead or had no root system, it may not meet the legal definition — which could form the basis for a legal defence.

Common legal defences include:

• The plant was not cannabis
• You didn’t know it was cannabis
• The plant was dead or lacked a root system
• You did not participate in cultivation
• You grew only one plant and qualify for expiation
• Duress or mental impairment

Under section 4 of the Act, ‘cultivate’ includes:

• Planting seeds or cuttings
• Nurturing, watering, or tending the plant
• Harvesting or drying it
• Even taking part in any part of this process counts as cultivation

Yes. If you were involved in any part of the cultivation process — such as watering, adjusting lights, or drying the plant — you can still be charged.

Yes. If you cultivated with the intent to supply another person (e.g., sharing or selling), the penalty increases substantially and may constitute a commercial offence, even if the number of plants is relatively small.

Aggravating factors include:

• Being part of a criminal organisation
• Offending while on bail or parole
• Involving minors in the cultivation process

Aggravated offences attract higher fines and longer imprisonment terms.

• Minor/simple offences: Magistrates Court
• More serious or indictable offences: District or Supreme Court, depending on the plant quantity and aggravating circumstances.

Only under a Commonwealth licence. The Office of Drug Control (ODC) regulates medicinal cannabis cultivation in Australia. Individuals cannot legally grow medical cannabis for personal use — even with a prescription.