It is an offence to have possession of, or to smoke or consume, cannabis, cannabis resin or cannabis oil, or have possession of any equipment connected with smoking or consumption. The maximum penalty is a fine of $500 [see Controlled Substances Act 1984 (SA) s 33L(2) which came into effect on 3 December 2007, and only applies to offences which occurred on or after that date [see also Controlled Substances (Serious Drug Offences) Amendment Act 2005].

It is an offence to supply or administer cannabis, cannabis resin or cannabis oil to another person or to have possession with an intention to supply or administer to another person. The maximum penalty is a fine of $2 000 or imprisonment for two years, or both [see Controlled Substances Act 1984 (SA) s 33I(2)].

To “supply” is defined as providing, distributing or offering to provide or distribute [see Controlled Substances Act 1984 s 4(1) for the definition; and see cases R v Urbanski (2010) 108 SASR 369; [2010] SASCFC 57and R v Pelham (1995) 82 A Crim R 455 for examples of relevant case law]. It is important to remember that “supply” includes supplying to friends on a casual social basis.

Section 33I came into effect on 3 December 2007, and only applies to offences which occurred on or after that date [see Controlled Substances (Serious Drug Offences) Amendment Act 2005].

Under section 33K(1), it is an offence to:

The maximum penalty is a fine of $2,000 or imprisonment for 2 years, or both [see s 33K(1)]. For the purposes of section 33K, the prescribed number of plants is five [see Controlled Substances (Controlled Drugs, Precursors and Plants) Regulations 2014 (SA) reg 7].

In addition, section 33K(2) provides an offence for the cultivation of not more than the prescribed number of cannabis plants (five plants). The maximum penalty is a fine of $1 000 or imprisonment for 6 months, or both [see s 33K(2)]. A court sentencing for a simple cannabis offence (being one plant, within the meaning of section 45A) must not impose a sentence of imprisonment in relation to that offence [see ss 33K(2) and 33K(3)].

Section 33K (with the exception of the following provisions) came into effect on 3 December 2007, and only applies to offences which occurred on or after that date [see Controlled Substances (Serious Drug Offences) Amendment Act 2005].

The following sub-sections came into effect on 10 September 2009, and only apply to offences committed on or after that date [see Controlled Drugs, Precursors and Cannabis Amendment Act 2008 (SA)]: