Dislcaimer: We are not lawyers! This page is intended as general advice only.
We cannot be responsible for your dealings with law enforcement.
When in doubt, or in trouble, seek the advice of a legal professional.
If you can't afford one, ask to see a legal aid solicitor.
(see the contact list below)

Bummer!

As the 1979 SA Royal Commission stated:

"The biggest risk to Cannabis users is the threat of criminal proceedings".

Don't worry though, you're not alone!

In South Australia there are thousands of people busted every year!

The good news is, provided you are sensible, you can avoid a criminal conviction!

The bad news is, sometimes you can't.

This page will give you a basic understanding of your rights (the precious few that remain that is!)

and give you some tips on how to minimise the harms associated with a bust.

In South Australia (SA) all forms of Cannabis are totally prohibitied
under the Controlled Substances Act (1984) and amendments.

This includes not just personal use and cultivation,
but Cannabis used for medicinal purposes - even by the terninally ill!

The government is so paranoid about hemp, even low-THC industrial hemp is banned.
( This is despite sucessful yields in controlled trials held in 1995-96 in three locations across the state.

The Cannabis Expiation Notice (CEN) Scheme
aka the "On-the-Spot Fines" system.

South Australia was the first state in Australia to introduce a "Prohibition with Civil Penalty" approach in 1986.

Widely known as "decriminalisation", this was commonly misunderstood to mean "legal"
by nearly half the adult population according to the Governments own research!

The Act actually means that small scale offenders are issued with a Cannabis Expiation Notice (CEN)
or "on-the-spot fine" which if paid within the proscribed time limit (either 30 or 60 days)
will not result in a criminal conviction.

Possession:
Of up to 25 grams of Cannabis is a $50 fine
up to100 grams is $150.

Possession of an implement for using Cannabis is a further $10 fine
if issued in conjunction with another offence, or $50 in isolation.

If the fine is NOT paid within that time, you will then get taken to court,
(and be convicted in absentia if you don't show up)
and have a criminal conviction for drugs recorded against your name
for the rest of your life!

If you are caught in a public place CENs do not apply
- it is a criminal offence - with a maximum penalty of $500
and a criminal conviction.

(Anecdotal evidence suggests the police have not been strictly enforcing the letter of the law in these situations
(eg car parks, parks, walking down the street etc,) and often issue CENs, but don't count on it!)

Cultivation:

Up until June 1999, you could cultivate up to 10 plants and only recieve a CEN (on the spot fine) of $150. This was slashed to 3 plants after the Liberals' sneakily changed the regulations on 3rd June 1999, in response to a concerted push by the Police ".

These changes were disallowed in July 2000 after sucessful lobbying by HEMP SA and the limit reinstated to ten, but was changed back to three within weeks by Police Minister Robert Brokenshire
(under Police pressure - see clipping below from "The Advertiser".

By making the changes via regulation, not legislation, the government again avoided any public or parliamentary debate, did not have to present a cost-benefit analysis of the proposal and avoided any consultation with user groups or the wider community.
See our critique of their Three Plant Plan. and why it will just make things worse.

The expaible limit was later reduced to just ONE plant- and only outdoors at that!

COPING WITH A BUST.

Print out the card below, then laminate it
and keep it in your purse or wallet at all times.

Always Remember :

"ANYTHING YOU SAY CAN AND WILL BE TAKEN DOWN,
AND MAY BE USED AS EVIDENCE AGAINST YOU!"

[ NB: You ARE legally obliged to give Police your name and address if requested
and, if in a vehicle, the registration and details of the driver. ]

You do not have to say anything else.

Even seemingly innocent and simple questions can be used by police
to assist in "confessions".

A polite, but firm statement along the lines of:

" I am aware of my rights, and I want remain silent" is best.

Even "No Comment" is a potentially risky thing to say.

Make sure the cops know YOU know your rights,
and no matter how much they threaten you, you will stick to your line.

Be aware of police trying a "hard cop/soft cop" routine; it's a standard practice.

Remember you do not have to go with them (unless they arrest you),
nor do you have to make, sign, or even just initial any statement.

You have the right to call for, and speak to a lawyer.

Yes, you do get one phone call.

Have a laywers number handy.
(Write it on back of the card you've just printed out)

If they threaten you with arrest for "not co-operating"
remember, it is just that, a threat;

"Non co-operation" is NOT a crime!

(However resisting arrest is!)

You do not have the right, (even if innocent)
to legally resist the arrest.

Frequently Asked Questions :

How much Cannabis can I legally grow in SA (or any other state) ?

None!

But I thought you could grow some and not get busted?

No. SA has on On-the-Spot fine sytem but you can still face court criminal penalties
depending on how much you've got or arre growing.

. Possessing a small amount of Cannabis will only attract a fine.

If this is not paid within the 30 days however you will receive a CONVICTION!

Is it one, three or ten plants plants, per person or per household?

At the time of writing it was 1 plant per person.
Care must be taken when living with other growers!
(See question below)

Is Indoor/hydroponic Cannabis treated any differently?

Yes. Growing Indoors using lights and using hydroponics is NOT expiable!

In other words it is a criminal offence and you will face court and potentially receive a conviction!

Watch out!

What about clones and seedlings?
Do they count as seperate plants?

Yes.
We have heard though that if the seedlings are very small they may not be botanically identifiable in court and therefore not admissable as evidence. I wouldn't count on it!

If I get busted can they confiscate my growing equipment? eg lights, fans, pumps, etc.?

They can and do! Police are increasingly gaining powers to seize assets.

In a blatent overturning of our judicial traditions the onus of proof has been reversed in such situations!

Should I admit I water, or look after my friend's/ partner's /families' plants?

This ones' easy!

NO!

That would be an admission of a CONSPIRACY!
This is considered to be much more serious criminal offence!
Under NO circumstances make any such admissions!

Do I need a lawyer?

If you are facing any sort of criminal charges you should seek legal advice.
If it is just an on-the-spot fine (CEN) then a lawyer is probably unecessary.

To avoid a criminal conviction you should pay it off before the due date.
Payment of a CEN is not considered an admission of guilt, although
if you choose to contest it in court and lose, you will recieve a criminal conviction!

For further information see the free pamphlet
You & the Police published by the Legal Services Commission of South Australia

I can't afford a lawyer; what do I do?

If you are in South Australia and you cannot afford legal representation
you can contact the Legal Services Commission
(they are in the phone book) and ask about getting Legal Aid.
(They will only help if you are facing criminal penalties; - CENs don't qualify).

Alternatively, many lawyers offer the first inerview free.
Call your lawyer and ask them.

How do I find a lawyer?

Try the Yellow Pages, or ask friends for a recommendation.

Can you recommend anyone?