It is an offence to sell or have possession of a controlled plant or controlled plants (including cannabis) with an intention of selling that plant or product [see Controlled Substances Act 1984 (SA) s 33C for penalties relating to large commercial quantity, commercial quantity and trafficable quantity]. To “sell” is broadly defined and includes selling, bartering, exchanging; any offers or agreements to sell, barter or exchange; or to expose for sale, barter or exchange [see s 4(1) for definition].
Section 33C and the definition of “sell” came into effect on 3 December 2007, and applies to any offences which occurred on or after that date [see Controlled Substances (Serious Drug Offences) Amendment Act 2005].
Detailed information in relation to taking a step in the process of sale is to be found later in this chapter in the Drugs of dependence section.
Where the amount of cannabis in a person’s possession is more than the prescribed amount for a trafficable offence (that amount being 10 plants), possession is deemed to be for the purpose of sale or supply [see Controlled Substances Act 1984 (SA) s 33C(5); Controlled Substances (Controlled Drugs, Precursors and Plants) Regulations 2014 (SA) sch 3 pt 2]. The onus is on the accused to establish that possession was not for the purpose of sale.
Section 33C came into effect on 3 December 2007, and applies to any offences which occurred on or after that date [see Controlled Substances (Serious Drug Offences) Amendment Act 2005].
It is an offence to sell or have possession of a controlled plant (one) with an intention of selling that plant or its products. The maximum penalty is a fine of $50 000 or imprisonment for 10 years, or both [see Controlled Substances Act 1984 s 33C(3)]. An offence involving a cannabis plant (one) must be prosecuted in the Magistrates Court as a summary offence. However, that court must commit the matter to the District Court for sentence where it determines the penalty for the offence should exceed imprisonment for two years [see s 33C(4)].
Section 33C came into effect on 3 December 2007, and applies to any offences which occurred on or after that date [see Controlled Substances (Serious Drug Offences) Amendment Act 2005].
The Controlled Substances Act 1984 s 32 outlines the offences and related penalties for trafficking in controlled drugs. Section 32(3) provides it is an offence to traffic in a controlled drug [see s 32(3)]. An offence against s 32(3) involving cannabis, cannabis resin or cannabis oil must be prosecuted in the Magistrates Court as a summary offence. However, that court must commit the matter to the District Court for sentence where it determines the penalty for the offence should exceed imprisonment for two years [see s 33C(4); R v Kardogeros [1991] 1 VR 269; (1990) 49 A Crim R 352 ; [1991] VicRp 19 for consideration of possession for personal use]. More information in relation to trafficking is available under Trafficking in controlled drugs below.
Section 32 came into effect on 3 December 2007, and applies to any offences which occurred on or after that date [see Controlled Substances (Serious Drug Offences) Amendment Act 2005].
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