Possessing, using, or consuming cannabis, cannabis resin, or cannabis oil without lawful authority is an offence under Section 33L of the Controlled Substances Act 1984 (SA).
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Summary offence
Magistrates Court of South Australia
Maximum penalty of $2,000 fine
Possession or Consumption of Cannabis Key Facts
| Offence | It is an offence to either: Possess cannabis; or Consume cannabis; or Possess any piece of equipment used in connection with the consumption of cannabis. |
| Maximum Penalty | Maximum penalty is up to $2,000 fine for basic possession; expiation notices (on-the-spot fines) may apply for small personal amounts. |
| Typical Sentence | Often dealt with by an expiation notice, fine, or good behaviour bond for minor personal use; higher penalties apply for repeat offending or larger amounts. |
| Which Court? | Usually dealt with by expiation, but if prosecuted, the matter is heard in the Magistrates Court of South Australia. |
| Process Timeline | Arrest → Police Search or Detection → Charge or Expiation Notice → Arrest or Summons if prosecuted → Police Interview → Bail Consideration → Hearing → Sentencing if guilty. (Average: 6-9 months) |
| Possible Defences | 1. It Is Not Cannabis - Section 4 of the Controlled Substances Act 1984 defines cannabis as: a plant, or any part (including the seed) of a plant, of the genus cannabis, but does not include cannabis resin or oil. 2. It Was Not In Your Possession - Showing the cannabis was not under their control. 3. It Is Less Than The Prescribed Quantity For A Summary Offence - Schedule 5 of the Controlled Substances (Controlled Drugs, Precursors and Plants) Regulations 2014 states that the possession of less than 100g of cannabis is an expiable offence. |
Possession or Consumption of Cannabis Case Scenarios
Below are examples of how possession or consumption of cannabis offences may be charged and sentenced in South Australia. These examples are not indicative of a specific outcome and are for informational purposes only.
Low-Level Offence
(Less than 25g)
Mid-Level Offence
(25-100g)
High-Level Offence
(100+g)
Low-Level Offence
(Less than 25g)
Scenario:
An individual is found in possession of less than 25 grams of cannabis for personal use.
What to expect:
May result in an expiation notice with a fine of $150, avoiding a criminal conviction.
Mid-Level Offence
(25-100g)
Scenario:
An individual is found in possession of between 25 grams and 100 grams of cannabis, indicating potential for more than personal use.
What to expect:
Could lead to a higher expiation notice fine of $300, still avoiding a criminal conviction if paid promptly.
High-Level Offence
(100+g)
Scenario:
An individual is caught with more than 100 grams of cannabis, suggesting intent to supply or distribute.
What to expect:
Likely to result in a court appearance, with potential penalties including a fine of up to $2,000 and/or imprisonment for up to 2 years.
Disclaimer: The examples above are provided for informational purposes only and do not guarantee a specific result in your matter. Sentencing decisions can vary significantly depending on individual circumstances, including the severity of the offence, intent, prior criminal history and other legal factors. For case-specific advice, get in touch with one of our expert criminal lawyers.
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Cannabis Possession FAQ’s
If you need more information about cannabis offences in South Australia, these FAQs answer the most common questions.
Is cannabis possession illegal in South Australia?
Under section 33L of the Controlled Substances Act 1984 (SA), possessing cannabis is a criminal offence, even in small quantities. However, certain minor offences may be dealt with through an expiation notice instead of court proceedings.
What is a simple cannabis offence?
A “simple cannabis offence” usually refers to:
- Possession of less than 100g of cannabis
- Possession of a pipe or other equipment
- Smoking or consuming cannabis in private
Such offences can often be resolved by paying an expiation fee, avoiding court proceedings and a conviction.
Will I get a criminal record for possessing cannabis?
If you receive and pay an expiation notice, you will not get a criminal record. However, if you’re convicted in court, the offence will appear as a Disclosable Court Outcome (DCO) on your criminal history.
What is a cannabis expiation notice?
An expiation notice allows you to pay a fine to resolve a minor cannabis offence without going to court. It does not constitute an admission of guilt and prevents the matter from being listed on your criminal record, provided it is paid on time.
What happens if you ignore or don’t pay a cannabis expiation notice?
If you fail to pay the expiation fee within 28 days, the notice may be withdrawn and replaced with a court summons, potentially leading to higher penalties and a criminal record upon conviction.
Can I grow cannabis plants for personal use in South Australia?
Growing cannabis is illegal, even for personal use. Cultivating one plant without hydroponics may result in a $400 expiation fee, but growing 2 or more plants may result in criminal charges, fines, or imprisonment.
Can I be charged for smoking cannabis in a parked car?
Yes. Public consumption includes any cannabis use in a vehicle parked in a public place, such as a hotel or shopping centre car park. This could void your eligibility for expiation and result in a court summons.
Is it illegal to possess cannabis smoking equipment?
It is an offence to possess pipes or ‘bongs’ used for cannabis consumption, even if cannabis itself is not found. This is also a simple cannabis offence and may be expiable under s33L of the Controlled Substances Act 1984 (SA).
Can I be charged for consuming cannabis at home?
Private use of cannabis is still an offence, although it may be considered a simple offence. However, if you’re caught consuming cannabis with others, or if children are exposed, this may result in an aggravated offence.
Do cannabis laws differ in other Australian states?
While South Australia uses expiation notices for minor cannabis offences, other states like:
- NSW may offer diversion programs,
- Victoria typically issues cautions for first-time possession,
- Queensland has stricter laws with fewer alternatives to court.
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