SA Cannabis Laws - Plant number.

[EnzymeDeficient]

Hi Guys.

I did a little search and couldn't find any info in the forum on this particular matter.

I know theres a lot of confusion around the Cannabis laws in SA and I think I have it mostly sorted out. One thing that still confuses me is the number of plants allowed (without being a criminal offense).

In the controlled substances act it says a simple cannabis offence is expiable, meaning its decriminalized and the only punishment is an on the spot fine.
A simple cannabis offense is defined as possession of less than a 'prescribed' amount (which is supposedly 100g of dried plant material, although i can't find where this is mentioned in the legal literature) for personal use.

What i'm more interested in, though, is the number of plants that can be held. Again, it refers to a prescribed number of plants, a number which isn't mentioned in the act. Most people seem to think its 1 plant, but some sources suggest differently.

http://www.lawhandbook.sa.gov.au/ch10s07s05.php

This website says up to 5 plants for personal use has a maximum penalty of $500. I am under the impression that any offense that only has a fine associated with it is deemed not criminal.

tl;dr: where can i find the prescribed amounts for cannabis in SA law (and while we're on the matter, other substances too)

 

[thestudent14]

I know there is alot of confusion around this topic, I know here in Vic it's illegal to have any number of plants and/or grams of marijuana.

Up until recently you were allowed to have 2 plants per adult for peronal use in the A.C.T and I think S.A.

However I think you'll find that now it is illegal across the country in any amount. I'd like to backed up on this, buit I'm pretty sure no one is allowed to grow any now =(

 

[EnzymeDeficient]

In SA it is definitely illegal to have any amount. But under the 'prescribed' amount it is decriminalized, aka the only penalty is an on the spot fine.

I merely want to know what the amount is.

 

[Verybuffed]

Up until recently you were allowed to have 2 plants per adult for peronal use in the A.C.T and I think S.A.

However I think you'll find that now it is illegal across the country in any amount. I'd like to backed up on this, buit I'm pretty sure no one is allowed to grow any now =(

In the A.C.T. one plant grown outdoors will attract a simple cannabis offense notice. Any plants grown indoors in the A.C.T. can attract a criminal conviction.

 

[Jakeperson]

I thought it was two but if that website say 5 then maybe it is.

NO INDOOR PLANTS ALLOWED, that law passed not long ago and one plant indoors will incur a criminal charge, whether you've got hydro gear or not.

 

[EnzymeDeficient]

I thought it was two but if that website say 5 then maybe it is.

NO INDOOR PLANTS ALLOWED, that law passed not long ago and one plant indoors will incur a criminal charge, whether you've got hydro gear or not.

Have you got any link to the mention of indoor plants? I was under the assumption that it was only hydro plants that incurred the criminal charge (when under the prescribed amount).

In answer to my own initial question, I found the relevant regulation regarding the prescribed amount here (dated 2007):
http://www.legislation.sa.gov.au/LZ...) REGULATIONS 2002/2007.12.02/2002.170.UN.PDF

and when you read that and my previous link, it seems to imply you may have 1 plant (no matter the cultivation technique, provided its still for personal use) and only attract an expiation notice.

By the same token, it is the police officers discretion as to whether they expiate the charge or take it to court, which is rather odd.

You can also have up to (but exclusive of) 100g plant material, or 25g resin. Provided its for personal use only.

 

[Verybuffed]

Have you got any link to the mention of indoor plants? I was under the assumption that it was only hydro plants that incurred the criminal charge (when under the prescribed amount).

Anything grown indoors is considered "hydro" whether it is grown Hydro or Organic. The amendment was made a few years back. The term they use is artificially grown.

 

[EnzymeDeficient]

Anything grown indoors is considered "hydro" whether it is grown Hydro or Organic. The amendment was made a few years back. The term they use is artificially grown.

Ah, I see. But the wording seems to imply this is still expiable as long as it remains as one plant.

Edit: scrap that, just reread and saw that it specifically excludes artificially grown plants from section 45a

artificially enhanced cultivation" means—

(a) cultivation in a solution comprised wholly or principally of water enriched with nutrients; or

(b) cultivation involving the application of an artificial source of light or heat;

so... you can grow it inside as long as you don't give it any artificial heat/light sources. Obviously that makes things difficult, but its not the fact that its inside that will make it criminal.

 

[Jakeperson]

My best plants always started their lives on a windowsill

 

[misteee]

yeah you hear so much different stuff regarding this topic.
ive heard stories that u can legitimately claim one plant of out door as personal use as long as you dont have a set of scales and glad bags hanging around.
but i dont think thats overly true.

ive also heard, as hydroponic, lights + carbon filters are now banned for sale unless a permit is obtained, that if you are caught with any HPS(high pressure sodium) or MH (metal halide) kit being a ballast + shade + globe you will be charged with possesing hydroponic equipment unlawfuly.
but ive also heard, say if swim wanted to store hydroponic equipment, if the shade + ballast + globe were stored seperately, they cant confiscate the equipment and cannot charge you.
heard the same with 3 part carbon filters, as long as there stored seperated its okay to possess one.

i cant verify this anymore than word of mouth, but i have known of people getting caught cultivating cannabis and this is there stories