Cannabis Supply Offences in South Australia
The supply of cannabis is a serious criminal offence in South Australia, governed by the Controlled Substances Act 1984 (SA). Unlike simple possession, supplying cannabis - even in small amounts - can lead to severe penalties, including imprisonment.
What is the Offence of Supplying Cannabis?
Under section 33I of the Controlled Substances Act 1984 (SA), a person commits an offence if they sell, supply, or administer cannabis to another person. This includes:
- Selling cannabis for money or other benefits
- Sharing or giving cannabis to friends or family
- Trading or bartering cannabis for goods or services
- Passing cannabis between people, even without financial gain
Even sharing a joint or handing cannabis to someone else can be considered supply under the law.
Why You Need Legal Advice
A cannabis supply conviction can have serious consequences, including a criminal record, difficulty finding employment, issues with travel and visas, problems with rental applications and fines or potential imprisonment.
If you have been charged with a cannabis offence, contact Stanley & Co. Lawyers immediately on 08 7001 6135 to speak with an expert Criminal Lawyer.
We offer a complimentary 30-minute, no-obligation consultation to discuss your case and provide expert legal advice.
Helpful Questions & Answers
Answer
What the Prosecution Needs to Prove
For a successful conviction, the prosecution must establish the following elements of the offence:
- Possession of cannabis – The accused had control over the cannabis.
- Supply to another person – The accused gave, sold, or transferred the cannabis.
- Intention to supply – The accused knowingly and voluntarily supplied the cannabis.
If the supply was for commercial purposes, higher penalties apply.
The Relevant Court
The court that hears the matter depends on the seriousness of the offence:
- Minor supply offences (such as sharing a small amount with friends) are heard in the Magistrates Court of South Australia.
- Commercial or large-scale supply offences are heard in the District Court of South Australia.
What Defences are Available?
Possible defences to a cannabis supply charge include:
- Lack of possession – If the accused did not actually possess the cannabis, they cannot be guilty of supply.
- No intention to supply – The accused may argue that they were unaware the cannabis was in their possession or had no intention of supplying it.
- Personal use – If the accused can prove the cannabis was solely for personal use, the charge may be reduced to possession.
- Unlawful search or police misconduct – If the police conducted an illegal search, evidence may be ruled inadmissible.
- Mistaken identity – If the accused was wrongly identified as the supplier, they may argue mistaken identity.
A successful defence can result in the charges being withdrawn or reduced, avoiding serious penalties.
Penalties for Supplying Cannabis
The penalties for supplying cannabis depend on the quantity and circumstances of the offence.
Supply of Cannabis for Non-Commercial Purposes
If a person shares or gives away cannabis without financial gain, the maximum penalty is:
$15,000 fine and/or 3 years imprisonment.
Aggravated Supply Offences
Harsher penalties apply if cannabis is supplied:
- To a minor (under 18 years old)
- Near a school or public place
- By an organised criminal group
For aggravated offences, the maximum penalty increases.
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