Simple cannabis offences are covered by the Controlled Substances Act 1984 (SA) and applies to offences where there is possession of smaller amounts of cannabis. For example up to 100 grams of cannabis, 20 grams of cannabis resin, smoking cannabis, possessing equipment or cultivating not more than 1 plant.
CANNABIS LAWYERS IN SOUTH AUSTRALIA
Charged with a simple cannabis offence in South Australia?
Get immediate legal advice from specialist lawyers who know how to fight cannabis charges.
Summary offence
Magistrates Court of South Australia
Expiable offence
Simple Cannabis Offences Key Facts
| Offence | Possessing, consuming, or cultivating a small amount of cannabis for personal use, under Section 45A of the Controlled Substances Act 1984 (SA). |
| Maximum Penalty | Maximum penalty is a fine up to $500 for expiable offences; prosecution for repeat or larger amounts can attract higher fines or up to 2 years imprisonment. |
| Typical Sentence | Often dealt with by an expiation notice (on-the-spot fine); repeat offences or refusal to pay can lead to prosecution in court with higher penalties. |
| Which Court? | Usually resolved by expiation notice; if prosecuted, the matter is heard in the Magistrates Court of South Australia. |
| Process Timeline | Police Detection (e.g. stop and search) → Expiation Notice Issued → Fine Paid → If unpaid → Summons → Court Hearing → Sentencing if found guilty. (Average: 6 months) |
| Possible Defences | 1. No Knowledge - Arguing lack of knowledge of the cannabis. 2. No Control - Showing the cannabis was not in the accused’s possession or control. 3. Medical Exception - Rare, but may apply under tightly regulated medical cannabis laws. |
| What The Prosecution Must Prove | The prosecution must prove that you: - Were in physical control of the cannabis or equipment; and - Had the knowledge (or intention) of having the cannabis or equipment. In the decision of R v Offord the court stated: “Where the defendant (offender) is to be sentenced by the court for a simple cannabis offence for which no expiation notice has been given, the sentencing discretion should ordinarily be exercised so that the penalty is not to exceed the amount of the appropriate expiation notice”. |
Simple Cannabis Offences Case Scenarios
Below are examples of how simple 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:
A person possesses 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.
Our Results For Similar Offences
To view our past case results, please click the links below:
Possession of 18 Cannabis Plants
Possession of 18 Cannabis Plants
Significant Amendments to the Criminal Asset Confiscation Legislation
Significant Amendments to the Criminal Asset Confiscation Legislation
Cultivation of 17 Cannabis Plants
Cultivation of 17 Cannabis Plants
Cultivation of Cannabis for Sale
Cultivation of Cannabis for Sale
Cultivation of Cannabis for Personal Use
Cultivation of Cannabis for Personal Use
Simple Cannabis Offences FAQ’s
If you need more information about cannabis offences in South Australia, these FAQs answer the most common questions.
What is considered a simple cannabis offence in South Australia?
A simple cannabis offence refers to minor infractions such as:
- Possessing up to 100g of cannabis
- Possessing up to 20g of cannabis resin
- Smoking cannabis in private
- Cultivating no more than one plant (non-hydroponic)
- Possessing cannabis-smoking equipment (e.g. pipes, bongs)
These are typically expiable and avoid a court appearance.
What is the penalty for a simple cannabis offence in South Australia?
The maximum penalty for a simple cannabis offence is usually a fine of up to $300. If you’re issued with a Cannabis Expiation Notice, you can avoid a criminal conviction by paying the fine within 28 days.
Will I get a criminal record for a simple cannabis offence?
No, if you receive and pay a Cannabis Expiation Notice, it does not result in a criminal conviction. However, if you choose to contest the offence in court and are convicted, it may appear on your criminal record.
What is a Cannabis Expiation Notice in South Australia?
A Cannabis Expiation Notice (CEN) is an “on the spot” fine issued by police for simple cannabis offences. It allows you to resolve the matter without going to court or receiving a criminal record, provided you pay within the prescribed time.
Can I be charged if caught with cannabis in a public place?
Yes. While simple cannabis offences usually apply to private conduct, smoking or possessing cannabis in a public or prescribed place (such as a vehicle in a car park) can remove the option for expiation and lead to court proceedings.
Is cultivating one cannabis plant a simple offence?
Yes, provided the cultivation is not hydroponic or artificially enhanced, and you are growing one plant or fewer, it can be treated as a simple cannabis offence.
Does hydroponic cannabis cultivation qualify for expiation?
No. Hydroponic cultivation is excluded from the expiation scheme in South Australia. Even a single hydroponically grown plant can result in prosecution rather than a simple expiation.
What if I didn’t know the substance was cannabis?
You may have a defence if you genuinely and reasonably believed that the substance was not cannabis. This defence can be raised in court but would not usually apply if you accept a CEN.
How is possession proven in cannabis offences?
The prosecution must prove you:
- Were in physical control of the cannabis, and
- Knew or intended to possess it
If either element is missing, you may have a legal defence.
Can I go to court if I receive an expiation notice?
Yes. You can choose to dispute a Cannabis Expiation Notice in court. However, if unsuccessful, you may face a higher penalty and risk a conviction.
What happens if I ignore a cannabis expiation notice?
If you fail to pay the fine within 28 days and don’t request a review, the notice may be withdrawn and replaced with a formal summons to court, where harsher penalties may apply.
Are cannabis seeds illegal in South Australia?
Yes. Under section 4 of the Act, cannabis seeds are considered part of the cannabis plant and their possession can constitute a simple cannabis offence depending on context and quantity.
Can a child be issued a cannabis expiation notice in South Australia?
No. The legislation specifies that cannabis expiation notices cannot be issued to children. Instead, they must be dealt with under youth justice processes.
Do all police officers have to issue expiation notices for simple cannabis offences?
Generally yes, but they are not legally required to. In some circumstances, officers may choose to prosecute instead, particularly for repeat offenders or aggravating circumstances.
How does South Australian cannabis laws compare to other Australian states?
South Australia allows expiation for minor cannabis possession, unlike NSW or QLD, where even minor possession may result in a court summons. However, ACT has decriminalised small-scale possession and even limited personal cultivation for adults.
South Australia’s Leading Cannabis Defence Lawyers
What Our Clients Say
We have defended thousands of cannabis cases over many decades and we constantly achieve outstanding results for our clients.
KNOW YOUR RIGHTS
Arrested or Spoken to by Police?
Talk to a Specialist Defence Lawyer
Get immediate legal advice today.
Book a Free Consultation
Your first consultation is free.