Under section 33L of the Controlled Substances Act 1984 (SA), a person is guilty of an offence if they possess a controlled drug, consume or administer it, or possess equipment used for its consumption (excluding cannabis, cannabis resin, or cannabis oil). Possession means you had knowledge and control over the drug, either physically or constructively.

For simple possession (non-trafficable, non-commercial quantities), the maximum penalty is:

• $2,000 fine
• 2 years imprisonment
• Or both, under section 33L(1).

If the quantity is trafficable or commercial, higher penalties apply (up to life imprisonment for large-scale cases).

Yes. Possession of cannabis, cannabis resin, or cannabis oil falls under section 33L(2), attracting lesser penalties (typically a $2,000 fine without imprisonment). For minor cannabis offences, police may issue an on-the-spot Cannabis Expiation Notice instead of charging you.

Controlled drugs include substances such as MDMA, heroin, cocaine, LSD, methamphetamine and prescription medications when possessed without a valid prescription. The full list is set out in Schedule 1 of the Controlled Substances (Controlled Drugs, Precursors and Plants) Regulations 2014 (SA).

The prosecution must prove:

• You were in control of the substance; and
• You had knowledge or intention of having the substance.

This can include drugs found in shared spaces like a house or vehicle, if linked to you.

Potentially, but you may raise the defence of ‘lack of knowledge’. If you can demonstrate that you were unaware the drugs were present, and it was reasonable for you not to know, you may be acquitted.

Yes. You must knowingly possess the drug. Lack of intent such as accidentally carrying a controlled drug without knowledge may be a valid defence.

Common defences include:

• you show a lack of intent;
• lack of control; or
• lack of knowledge.

Yes. Section 33L(1)(c) makes it an offence to possess pipes, syringes, bongs, or other equipment used to consume controlled drugs (other than cannabis products). The same penalties apply of up to $2,000 or 2 years imprisonment.

Yes. Possession of larger quantities elevates the offence to a major indictable offence. Penalties can range from $50,000 to $1,000,000 fines and 15 years to life imprisonment, depending on the drug type and amount.

Possession involves having a drug for personal use, while trafficking involves selling, preparing, storing, or transporting a drug for distribution. If found with more than a trafficable quantity, it may be presumed you intended to sell, unless proven otherwise.

Simple possession is a summary offence and is dealt with in the Magistrates Court. If the case involves aggravating circumstances or larger quantities, it may be treated as a major indictable offence and move to the District Court.

Police may issue on-the-spot fines, or charge you depending on the drug and quantity. If you’re caught with drugs at a music festival you may face drug diversion, a good behaviour bond, or court prosecution, especially for repeat or aggravated offences.

Yes. For first-time or low-level offenders, the court may order participation in drug diversion programs, which focus on education and treatment rather than punishment. Completing the program may result in no conviction being recorded.

Unlike some states (e.g., ACT or parts of Victoria), South Australia does not decriminalise all drug possession. While minor cannabis possession may be expiated, possession of other controlled drugs is strictly criminal and prosecuted. Penalties and diversion schemes also vary across states.