Sale / Trafficking of Cannabis

Sale / Trafficking of Cannabis

It is an offence to traffic cannabis.

What court will hear the matter

Trafficking offences are classes as major indictable offences and will be dealt with in the District Court of South Australia.

What the prosecution must prove

The prosecution must prove that you:

  • sold the cannabis; or
  • had possession of the cannabis with the intention to sell it; or
  • took part in the process of sale.

The Controlled Substances Act states that if it is proved that you were in possession of a trafficable quantity of cannabis, the intention to sell that cannabis is presumed. This presumption can be aside if you can show that the drugs were in your possession for a reason other than supply.

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 was in your possession for personal use;
  • you did not intend to sell the cannabis;
  • it is not a trafficable quantity;
  • there was only one element of the transaction;
  • duress;
  • mental impairment.

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 trafficking cannabis varies depending on the number of plants you have. For sentencing purposes trafficking cannabis offences are classified as follows:

  • large commercial quantity (2 kilograms): $500,000 fine or life imprisonment or both
  • commercial quantity (1 kilogram): $200,000 fine or 25 years imprisonment or both
  • trafficable quantity (250 grams): $50,000 fine or 10 years imprisonment or both
  • traffic in a prescribed area: $75,000 fine or 15 years imprisonment or both.

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