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