Under section 32 of the Controlled Substances Act 1984 (SA), trafficking includes selling, preparing for sale, transporting, or possessing cannabis with the intent to sell. This definition also covers participating in any step of the sale process.

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. Thus, you will have a complete defence to this charge if it can be shown that the plant or plant matter in your possession was something other than cannabis.

It Was Not In Your Possession

In order to prove possession, the Prosecution must show that you:
were in physical control of the cannabis, and
had the knowledge (or intention) of having the cannabis.
You may have a defence to this charge if either of these elements are in doubt.

It Was In Your Possession For Personal Use

It may be the case that you are a heavy user of cannabis and, despite having what the legislation declares to be a trafficable quantity, it was in your possession for your own consumption. If there is evidence to support this claim, then it may be possible to have the charge downgraded to a lesser offence.

You Did Not Intend To Sell The Cannabis

If there is evidence to suggest that you had no intention of selling the cannabis, and you instead had some other purpose for it (e.g. you had planned to simply give it away), you may have a defence to this charge.

It Is Not A Trafficable Quantity

Schedule 3 of the Controlled Substances (Controlled Substances, Precursors and Plants) Regulations 2000 sets the prescribed quantity of cannabis for a trafficable offence at 250g. If you have less than 250g, then you may be successful in having the charge downgraded to a lesser offence.

There Were Was Only One Element of Transaction

If someone has paid you money with the intention of engaging in a transaction of sale of the cannabis, but your intention was to obtain money without exchanging it for the cannabis, you may have a defence to this charge.

Duress

It is a complete defence to this charge if we can show that you were acting under duress; that is: you were acting as a result of violence, or some other threat, against you. We would need to present evidence that shows you were coerced into the act by a third party, effectively rendering you an instrument of someone else’s criminal conduct and thus displacing the responsibility for your actions.

Mental Impairment

The law recognises that, in some cases, people will not be capable of evaluating the nature and quality of their conduct, or, more categorically, they will not know what they are doing is wrong. If it can be shown that you were suffering from some sort of mental disease, disorder or disturbance, as distinguished from a mere lack of self control or impulsiveness, then you may have a defence to this charge.

Mental impairments may be either transitory or permanent and have been held to include disorders such as:

• Schizophrenia
• Hyperglycaemia
• Psychomotor epilepsy
• Cerebral arteriosclerosis

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. Thus, you will have a complete defence to this charge if it can be shown that the plant or plant matter in your possession was something other than cannabis.

2. It Was Not In Your Possession

In order to prove possession, the Prosecution must show that you were in physical control of the cannabis and had the knowledge (or intention) of having the cannabis. You may have a defence to this charge if either of these elements are in doubt.

3. It Was In Your Possession For Personal Use

It may be the case that you are a heavy user of cannabis and, despite having what the legislation declares to be a trafficable quantity, it was in your possession for your own consumption. If there is evidence to support this claim, then it may be possible to have the charge downgraded to a lesser offence.

4. You Did Not Intend To Sell The Cannabis

If there is evidence to suggest that you had no intention of selling the cannabis, and you instead had some other purpose for it (e.g. you had planned to simply give it away), you may have a defence to this charge.

5. It Is Not A Trafficable Quantity

Schedule 3 of the Controlled Substances (Controlled Substances, Precursors and Plants) Regulations 2000 sets the prescribed quantity of cannabis for a trafficable offence at 250g. If you have less than 250g, then you may be successful in having the charge downgraded to a lesser offence.

6. There Were Was Only One Element of Transaction

If someone has paid you money with the intention of engaging in a transaction of sale of the cannabis, but your intention was to obtain money without exchanging it for the cannabis, you may have a defence to this charge.

7. Duress

It is a complete defence to this charge if we can show that you were acting under duress; that is: you were acting as a result of violence, or some other threat, against you. We would need to present evidence that shows you were coerced into the act by a third party, effectively rendering you an instrument of someone else’s criminal conduct and thus displacing the responsibility for your actions.

8. Mental Impairment

The law recognises that, in some cases, people will not be capable of evaluating the nature and quality of their conduct, or, more categorically, they will not know what they are doing is wrong. If it can be shown that you were suffering from some sort of mental disease, disorder or disturbance, as distinguished from a mere lack of self control or impulsiveness, then you may have a defence to this charge.

Mental impairments may be either transitory or permanent and have been held to include disorders such as Schizophrenia, Hyperglycaemia, Psychomotor epilepsy or Cerebral arteriosclerosis.

Yes. Trafficking cannabis, particularly in commercial or large commercial quantities, is considered a major indictable offence and will be dealt with in the District or Supreme Court.

A prescribed area includes places like licensed premises, nightclubs, public entertainment venues, car parks linked to such venues, or anywhere the public gathers. Trafficking in these areas attracts harsher penalties up to 15 years imprisonment.

Yes, but if you possessed a trafficable quantity and can prove it was for personal use only, you may be able to rebut the legal presumption of trafficking under s 32(5). Legal assistance is essential to present this defence effectively.

Possessing 250 grams or more of cannabis is classified as a trafficable quantity. This threshold activates a legal presumption that the drug was held for the purpose of sale unless proven otherwise.

Yes. The law includes gifting cannabis under the broad definition of trafficking, which includes barter, exchange, or supply. Intent to profit is not necessary.

Cultivating cannabis is a separate offence, but if grown in trafficable or commercial quantities and there’s intent to sell, it may constitute trafficking under s 33B and s 32 of the Act.

If you’re found with a trafficable quantity of cannabis and significant cash or packaging materials, this can be used to infer intent to sell triggering trafficking charges.

Yes. A private car park associated with a public venue (e.g., nightclub or bar) can be considered a “prescribed area”, increasing penalties.

Generally, police need a warrant, but in urgent circumstances under the Controlled Substances Act or Summary Offences Act, they may search without one. Always seek legal advice if your property has been searched.

Yes. A conviction for cannabis trafficking is recorded as a Disclosable Court Outcome (DCO) and will appear on a National Police Check.

While similar in principle, penalties vary:

• NSW: Up to life imprisonment for large commercial quantities
• Victoria: Tiered by weight; also allows for expiation for minor possession
• QLD: Has strict mandatory sentences for repeat drug trafficking

SA’s penalties are among the strictest for prescribed area trafficking.