Very out of date.
From: hermsen@dstos3.dsto.gov.au
Newsgroups: alt.drugs
Subject: Cannabis Laws in South Australia
Message-ID: <1993Jun8.110103.1@dstos3.dsto.gov.au>
Date: 8 Jun 93 01:31:03 GMT
Thought you might be interested in the following:
(This applies only to South Australia, which along with the ACT, has the
most liberal MJ laws in the country.)
THE LAWS RELATING TO POSSESSION AND SUPPLY OF CANNABIS
(reproduced without permission)
Canabis is a prohibited plant in South Australia. Cultivating, selling,
dealing, possessing, smoking, or consuming the products of this plant
(which includes marijuana, cannabis resin and cannabis oil) is an offence
under the Controlled Substances Act, 1984.
However, within South Australia there exists a penalty system of expiation
fees issued by police for simple offences relating to the personal
possession and use of marijuana and canabis resin by adults. Payment of
the expiation fee within 60 days results in the offender avoiding a
criminal conviction.
EXPIABLE OFFENCES.
The penalties are as follows:
Possession of cannabis
- less than 25 g $50
- 25 g or more but less than 100 g $150
Possession of cannabis resin
- less than 5 g $50
- 5 g or more but less than 20 g $150
Smoking or consumption of cannabis or cannabis
resin in a private place $50
Possession of equipment for smoking or consumption of
cannabis or cannabis resin $50
If an equipment offence is accompanied by another
possession, smoking or consumption offence $10
Cultivation of cannabis plants - 10 plants or less $150
(provided the cannabis is for the grower's own use
and not for sale or supply)
However, if the quantity of cannabis (eg 10 very large plants) leads
police to suspect that the grower may be supplying others (ie more
cannabis than could possibly be used by the grower) a commercial
cultivation charge may be laid, requiring a court appearance.
If the court is satisfied that the plants were to used solely for
the grower's own smoking or consumption, then a maximum
penalty of $500 applies.
- In addition, a Victims of Crime Levy ($5) accompanies each offence.
- Expiation Notices can be legally issued only to persons over the
age of 18 years. If the offender disagrees with any aspect of the
charge, he/she can elect to go to court and defend the case rather
than pay the expiation fee.
NON-EXPIABLE OFFENCES
All offences relating to cannabis oil are non-expiable and are
dealt with by the courts. A personal possession charge will incur
a penalty not exceeding $2000 or 2 years imprisonment or both.
Smoking and consumption in a public place (which includes a motor
vehicle) carries a maximum fines of $500 and is accompanied by a
criminal conviction.
Driving under the influence of cannabis is also an offence under
the Road Traffic Act, 1961 (penalties are the same as those issued
for Driving under the Influence of Alcohol).
Personal possession and/or smoking of cannabis by anyone under
18 years is dealt with by the either the Children's Aid Panel or
the Children's Court under the Child Protection and Young
Offenders Act, 1979.
Personal possession involving 100 grams or more of cannabis or
20 grams or more of cannabis resin requires the offender to go to
court risking conviction and facing a maximum fine of $500.
Commercial cultivation, sale and supply. A person knowingly
possessing more than 100 grams or more of cannabis or 20 grams or
more of cannabis resin or cultivating more than 10 cannabis plants,
is deemed to do so for the purpose of sale or supply to another, in
the absence of proof to the contrary.
The maximum penalties for the trafficking of any amount of
cannabis (no matter how small the amount) are as follows:
cannabis less than 10 kg > $50,000
cannabis resin less than 2.5 kg > and/or 10 yrs
cultivation less than 100 plants > imprisonment
cannabis 10 kg or more > $500,000
cannabis resin 2.5 kg or more > and 25 yrs
cultivation 100 plants or more > imprisonment
Sale and supply to a child. More severe penalties apply for the sale
or supply of cannabis to children (under 18 years). The maximum
penalties are as follows:
cannabis less than 10 kg > $100,000
cannabis resin less than 2.5 kg > and/or 15 yrs
imprisonment
cannabis 10 kg or more > $100,000
cannabis resin 2.5 kg or more > and/or 15 yrs
imprisonment
The same penalties apply for the possession of cannabis for the
purpose of sale or supply to another person within a school zone
(ie the grounds of a school and within 500 metres of the
boundary) or any other area prescribed by the Controlled Substances Act.
- The courts may also sieze any property, assets and profits gained
from trafficking.
- In Australia, the Customs Act (Commonwealth) prohibits the
possession, importation and exportation of cannabis.
_______________________________________________________________________
Reference
Information Sheet Number 12
Cannabis Laws
Drug and Alcohol Services Council
161 Greenhill Road, Parkside, South Aust. 5063
Disclaimer: The above is presented for the sole purpose
of providing information for intelligent debate,
any in no way reflects any use or possession of
any illegal substance by this poster. Any uptight,
religious, moral crusading arsehole who doubts this
may kindly go and fuck themselves.
Paul A. Hermsen.
hermsen@dstos3.dsto.gov.au