Possession or Consumption of Cannabis

Possession or Consumption of Cannabis

It is an offence to either possess cannabis, consume cannabis or possess any piece of equipment used in connection with the consumption of cannabis.

What court will hear the matter

This is a summary offence and will be dealt with in the Magistrates Court of South Australia.

What the prosecution must prove

The prosecution must prove that you:

  • were in physical control of the cannabis or equipment; and
  • had the knowledge (or intention) of having the cannabis or equipment.

Defences

There are a range of possible defences including, but not limited to, the following:

  • it is not cannabis;
  • it was not in your possession;
  • it is less than the prescribed quantity for a summary offence.

Pleading guilty

Deciding whether or not to plead guilty has significant implications and should be made after discussing your case with our lawyers. If you decide to plead guilty to the offence, our lawyers can assist you to get the best possible results.

Penalties

The maximum penalty for this offence is a fine of $500.

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