Yes. Under section 33B of the Controlled Substances Act 1984 (SA), it is a serious criminal offence to cultivate cannabis with the intention to sell it or its products. This includes growing even one plant if the intention is to distribute it to others.

The penalty depends on the quantity cultivated:

• 1 plant (with intent to sell): Up to $50,000 fine or 10 years’ imprisonment
• Commercial quantity (20+ plants): Up to $200,000 fine or 25 years’ imprisonment
• Large commercial quantity (100+ plants): Up to $1,000,000 fine or life imprisonment

Penalties increase if the offence is aggravated or the person is deemed a serious drug offender.

It means growing cannabis plants with the intention to sell them or knowing someone else intends to sell them. You don’t need to be caught in the act of selling — the intent or belief is enough for a charge under section 33B of the Act.

In South Australia a commercial quantity is defined as 20 or more plants. A large commercial quantity is 100 or more plants, and a trafficable quantity is 10 or more plants. These thresholds affect both how the offence is charged and the potential penalties.

Even cultivating a single cannabis plant for sale can attract a maximum penalty of $50,000 or 10 years in prison, under section 33B(3). This is treated far more seriously than cultivation for personal use.

Yes. You can be convicted based on intent or belief alone. If there’s evidence such as packaging, scales, messages, or a large setup, this suggests you intended to sell, you can be charged regardless of whether a sale occurred.

An aggravated offence includes circumstances such as:

• Offending for the benefit of a criminal organisation
• Endangering a child or vulnerable person
• Being a repeat offender or a serious drug offender

These factors result in higher penalties, including life imprisonment.

Yes. If you are found with more than 10 plants, the law allows the court to presume the cultivation was for sale, unless you can prove otherwise [s 33B(5)]. This presumption applies unless rebutted by evidence (e.g., personal medical use).

You don’t need to be the one physically growing the plants. You can be charged if you:

• Finance the operation
• Provide land, sheds, or hydro equipment
• Transport or conceal cannabis
• Water or maintain the plants

This is defined under section 4(7) of the Act.

Potentially, yes. If you knowingly allow your property to be used for cultivating cannabis for sale, you may be deemed to have participated in the cultivation process under section 4 of the Controlled Substances Act 1984 (SA).

Imprisonment is highly likely for cultivation involving commercial quantities or sale intent. Courts consider these serious drug offences. First-time or low-level offenders may receive a suspended sentence or home detention, but this depends on the facts.

• Magistrates Court: Small quantity or 1 plant with intent to sell
• District Court: Commercial or serious cases (e.g., 10+ plants, hydro setups, criminal links)

More serious charges may be committed to the Supreme Court, especially if penalties exceed 25 years.

Yes. Artificially enhanced cultivation (e.g., hydroponic setups) often results in aggravated charges, even with fewer plants. This is due to the increased yield, faster growth, and sophistication of such setups.

No, not without a Commonwealth-issued medicinal cannabis licence. Even if your intent is to help someone medically, cultivation for another person still constitutes a criminal offence in South Australia.