home *** CD-ROM | disk | FTP | other *** search
- 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
-
-
-