It is an offence to either supply cannabis or administer cannabis to another person without lawful authority, under Section 33I of the Controlled Substances Act 1984 (SA).
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Indictable offence
Magistrates Court of South Australia
Maximum penalty of $15,000 fine or 3 years imprisonment
Supply of Cannabis Key Facts
| Offence | Supplying or administering cannabis to another person without lawful authority, under Section 33I of the Controlled Substances Act 1984 (SA). |
| Maximum Penalty | Maximum penalty is up to $15,000 fine or 3 years imprisonment; higher penalties apply for supplying a large commercial quantity or supplying to minors. |
| Typical Sentence | Sentences often involve prison for serious or repeat offending; small-scale supply (e.g. sharing with friends) may result in fines or good behaviour bonds. |
| Which Court? | Usually heard in the District Court; minor supply cases may be dealt with in the Magistrates Court but are often committed up due to seriousness. |
| Process Timeline | Police Investigation → Surveillance or Search → Arrest → Police Interview → Bail Consideration → Committal Proceedings → Trial in District Court → Sentencing if guilty. (Average: 9-24 months) |
| Possible Defences |
1. It Is Not Cannabis - Section 4 of the Controlled Substances Act 1984 (SA) 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. You have a complete defence if it can be shown that the plant matter was something other than cannabis. 2. Lack of Knowledge - If you genuinely believed that the substance in your possession was not cannabis, and it was reasonable to hold that belief, you may have a defence. 3. Not in Your Possession - To prove possession, the prosecution must show both that you were in physical control of the substance and that you knew (or intended) that it was cannabis. If either element is missing, possession is not established. 4. For Personal Use Only - If there is evidence the cannabis was in your possession solely for recreational or personal use, and not for the purpose of supply, the charge may be downgraded to a lesser offence. 5. Mental Impairment - The law recognises that a person may not be responsible for their conduct if, due to a mental disease, disorder, or disturbance, they did not understand the nature of their actions or know that what they were doing was wrong. This can include conditions such as schizophrenia, hyperglycaemia, psychomotor epilepsy or cerebral arteriosclerosis. |
| What The Prosecution Must Prove | The prosecution must prove: - You had possession of the controlled substance; and - There was an intention to supply or administer the controlled substance. There are two elements to prove possession: - Being in physical control of the drug, and - Knowledge (or intention) of having the drug This is a summary offence and will be dealt with in the Magistrates Court of South Australia. Deciding whether or not to plead guilty has important implications and should be made after proper discussions with a criminal lawyer. Please come and see the helpful team at Caldicott Lawyers for assistance in your matter. This legislation comes from section 33I of the Controlled Substances Act 1984. |
Supply of Cannabis Case Scenarios
Below are examples of how the supply of cannabis may be charged and sentenced in South Australia. These examples are not indicative of a specific outcome and are for informational purposes only.
Supplying Less than 100g
Supplying Commercial Quantity
Supplying Large Commercial Quantity
Supplying Less than 100g
Scenario:
An individual is found supplying a small quantity of cannabis (e.g., less than 100 grams) to a friend without any financial gain.
What to expect:
May result in a fine of up to $2,000 or imprisonment for up to 2 years, or both. Courts may consider alternatives to imprisonment for first-time offenders.
Supplying Commercial Quantity
Scenario:
A person is caught supplying a commercial quantity of cannabis (e.g., 1 kilogram) with evidence suggesting intent to distribute for profit.
What to expect:
Could lead to a fine of up to $200,000 or imprisonment for up to 25 years, or both. Sentencing depends on factors such as prior convictions and the role in the distribution network.
Supplying Large Commercial Quantity
Scenario:
An individual is involved in supplying a large commercial quantity of cannabis (e.g., over 2 kilograms) as part of an organized criminal operation, or supplying in a prescribed area such as near schools or public events.
What to expect:
Likely to result in a fine of up to $500,000 or life imprisonment, or both. Aggravating factors include involvement with criminal organizations or supplying in prescribed areas, which may attract additional penalties.
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:
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Possession of 200g of Cannabis
Cultivation of 2 Cannabis Plants
Cultivation of 2 Cannabis Plants
Cultivation of Cannabis for Sale
Cultivation of Cannabis for Sale
Cultivation of 30 Cannabis Plants for Sale
Cultivation of 30 Cannabis Plants for Sale
Possession of 12 Cannabis Plants
Possession of 12 Cannabis Plants
Supply of Cannabis FAQ’s
If you need more information about cannabis offences in South Australia, these FAQs answer the most common questions.
Is it illegal to give cannabis to a friend in South Australia?
Yes. Under section 33I of the Controlled Substances Act 1984 (SA), supplying cannabis includes giving it away without payment. Even casual or social sharing like passing a joint can be prosecuted as supply.
What does 'supply' of cannabis mean under South Australian law?
“Supply” includes providing, distributing, offering to provide, or offering to distribute cannabis. It doesn’t require a financial transaction giving cannabis away is still considered supply under s 4(1) and s 33I of the Act.
What is the maximum penalty for supplying cannabis in South Australia?
The maximum penalty for supply or administering cannabis is $15,000 or 3 years imprisonment, or both under section 33I(2). Harsher penalties may apply for larger quantities under trafficking or commercial supply laws.
What if I only intended to use the cannabis myself?
If you can demonstrate that the cannabis in your possession was strictly for personal use, and not for distribution or administration to others, you may be able to argue for the charge to be downgraded.
Can I be charged with cannabis supply if I didn’t sell it?
Yes. You do not need to sell cannabis to be charged with supply. Sharing it, offering it to someone, or simply handing it over are all considered forms of supply in South Australia.
Is it a crime to offer to supply cannabis, even if I didn’t follow through?
Yes. Making an offer to supply (even if you do not complete the act) can lead to criminal charges under section 33I.
Intent and communication are enough to constitute an offence.
What does the prosecution need to prove for a cannabis supply charge?
The prosecution must prove that:
- You had possession of cannabis (physical control + knowledge), and
- You intended to supply or administer it to another person.
Intent to supply can be inferred from circumstances such as packaging, quantity, or communications.
Is it a defence if I didn’t know it was cannabis?
Yes. If you genuinely and reasonably believed the substance was not cannabis (e.g. thought it was herbal tobacco), this may be a valid defence.
Can mental illness be a defence for supplying cannabis?
Possibly. If a person was suffering from a mental impairment that prevented them from understanding their actions or knowing it was wrong, they may have a full defence under South Australian criminal law.
How is supply different from trafficking of cannabis?
Supply generally refers to smaller-scale distribution. Trafficking involves larger, often commercial quantities and carries significantly harsher penalties (up to life imprisonment for large commercial trafficking). Supply is typically dealt with summarily in the Magistrates Court.
Can I be charged with cannabis supply for helping a friend grow or package it?
Yes. “Taking part” in supply includes helping to grow, package, transport, or store cannabis even if you didn’t physically supply it yourself. You may be charged as a participant or accomplice.
Is supplying cannabis a summary or indictable offence in South Australia?
Supplying cannabis under section 33I is a summary offence and is generally dealt with in the Magistrates Court. However, if associated with other charges (e.g. trafficking, cultivation), it may escalate.
What if I only had one cannabis plant and shared it?
Supplying cannabis from even one plant can lead to charges. Section 33K(c) also criminalises cultivating a plant with the intention to supply any part of it or its product.
Are there different cannabis supply penalties in other Australian states?
Yes. While SA allows summary handling of small-scale supply, states like NSW and QLD impose indictable charges more readily. The ACT allows adults to share up to 50g of cannabis without charge, provided no money changes hands.
What should I do if I’m charged with cannabis supply?
You should speak to an Adelaide criminal defence lawyer immediately. Supply charges can be complex, and there may be avenues to argue lack of intent, personal use or raise statutory defences.
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