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Sale of Cannabis

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].

A step in the process of sale

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.

Possession of cannabis deemed to be for the purpose of sale or supply

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].

Possession of one cannabis plant for sale

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].

Trafficking in cannabis

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].

Sale of Cannabis  :  Last Revised: Mon May 21st 2012