It is an offence to either supply cannabis or administer cannabis to another person.
Supply has been defined as provide, offer to provide, distribute, and offer to distribute.
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 had possession of the controlled substance; and
- there was an intention to supply or administer the controlled substance.
There are two elements to prove possession:
- physical control of the drug; and
- knowledge (or intention) of having the drug.
There are a range of possible defences including, but not limited to, the following:
- it is not cannabis;
- you did not know it was cannabis;
- not in your possession;
- personal use;
- mental impairment.
The maximum penalty is a $2,000 fine or 2 years imprisonment or both.