Cannabis Cultivation & Trafficking Laws in South Australia
Cannabis cultivation offences in South Australia are taken very seriously under the Controlled Substances Act 1984 (SA). Whether you are caught growing a few plants for personal use or cultivating a larger commercial quantity, the penalties can be severe.
If you are facing cannabis charges, it is vital to understand the law and seek early advice from an experienced criminal lawyer in Adelaide.
Cannabis Cultivation Thresholds in South Australia
South Australian law sets clear thresholds that determine how cultivation offences are classified. These thresholds are important, because the number of plants can significantly increase the seriousness of the charge and the maximum penalty.
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Trafficable quantity – 10 plants
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Commercial quantity – 20 plants
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Large commercial quantity – 100 plants
Penalties for Cannabis Cultivation in South Australia
| Number of Plants | Offence Type | Maximum Penalty |
|---|---|---|
| 2 – 5 plants | Basic offence (s 33K(2)) | $2,000 fine or 2 years’ imprisonment (or both) |
|
6 – 9 plants |
Basic offence (s 33K(1)(a)(ii)) |
$2,000 fine or 2 years’ imprisonment (or both) |
|
6 – 9 plants (aggravated / serious drug offender) |
Aggravated offence (s 33K(1)(a)(i); 33K(1)(b)) |
$5,000 fine or 5 years’ imprisonment (or both) |
| 10+ plants | Trafficable quantity |
Basic offence: $50,000 fine or 10 years’ imprisonment (or both). Aggravated/serious drug offender: $75,000 fine or 15 years’ imprisonment (or both). |
| 20+ plants | Commercial quantity |
Basic offence: $200,000 fine or 25 years’ imprisonment (or both). Aggravated/serious drug offender: $500,000 fine or life imprisonment (or both). |
| 100+ plants |
Large commercial quantity (s 33B(10)) |
$1,000,000 fine or life imprisonment (or both).
|
(Pure) Cannabis Quantities by Weight
In addition to plant numbers, South Australia also uses weight thresholds to determine the seriousness of cannabis offences:
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Trafficable quantity – 250 grams
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Commercial quantity – 1 kilogram
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Large commercial quantity – 2 kilograms
Why You Should Seek Legal Advice
Being charged with cannabis cultivation can result in:
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A criminal record
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Heavy fines
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Lengthy imprisonment
Even a small number of plants can carry serious penalties. Speaking with a criminal defence lawyer in Adelaide can help you:
- Understand your legal rights
- Assess the strength of your case and provide clear, practical advice on your options moving forward
- Assess whether your matter can be heard summarily (in the Magistrates Court rather than a higher court)
- Guide you through the sentencing process and present strong submissions aimed at securing the best possible outcome
Key Takeaway
If you are facing cannabis cultivation or cannabis trafficking charges in South Australia, acting quickly is critical. An experienced Adelaide drug lawyer can protect your rights, explain your options, and build a strong defence strategy aimed at achieving the best possible outcome.
Contact our Adelaide criminal defence team today for a confidential discussion about how we can assist you.