Cannabis Laws in South Australia (2026): Expiation Fines, Growing and Drug Driving

South Australia has long dealt with small-time cannabis offences by fine rather than by criminal charge, and it’s still one of the more relaxed places in the country for small amounts. But let’s get one thing straight: weed is still illegal in SA. You just pay a fine instead of getting a criminal record, as long as you stay within the limits. Here’s how it works in 2026.

Possession and use

Cannabis is illegal under the Controlled Substances Act 1984. What makes SA different is the simple cannabis offence expiation scheme. If you’re 18 or over and caught with a small amount, police give you an expiation notice. Pay it within 28 days and that’s the end of it, with no court and no criminal record.

Expiation notices cover:

• possessing up to 100g of cannabis;
• possessing up to 20g of cannabis resin;
• smoking or consuming cannabis somewhere other than a public place;
• possessing equipment for using cannabis (bongs, pipes and so on);
• growing one plant that isn’t “artificially enhanced” (see Growing below).

Current expiation fees, according to the Legal Services Commission and the regulations:

• Less than 25g of cannabis: $250
• 25g to 100g of cannabis: $400
• Less than 5g of resin: $250
• 5g to 20g of resin: $400
• Smoking or consuming in private: $250
• Equipment: $250 (or $130 when it’s on the same notice as another cannabis offence)

Heads up: if you read our 2019 version of this article, those numbers were lower ($150 and $300). The figures above are what current official sources show.

A few rules on expiation notices:

• They’re only for adults. Under 18s go through the youth justice system.
• They don’t apply if police think you’re selling or supplying, even for small amounts.
• Pay on time. If you don’t, you can end up prosecuted, which could mean a conviction.
• You can choose to go to court instead, but most people won’t want to.

For other drugs, SA uses the Police Drug Diversion Initiative, which sends people to a health assessment instead of court. Cannabis goes through the expiation scheme instead.

Growing

SA lets police expiate one plant, as long as it’s not “artificially enhanced”. That means:

• no hydroponics (growing in nutrient-enriched water); and
• no artificial light or heat.

So one plant in the backyard soil can be dealt with by a fine. (Sources disagree on whether the fee for the plant is $300 or $400, so check your notice.) Go beyond that and it’s a criminal matter:

• Any hydro or indoor-lit grow, or 2 or more plants: up to $2,000 and/or 2 years.
• Aggravated cultivation offences: up to $5,000 and/or 5 years.
• Bigger grows that hit trafficable or commercial quantities carry heavy jail terms.

Medicinal cannabis

Medicinal cannabis is legal in SA with a prescription through the TGA. SA does add its own layer for THC (Schedule 8) products:

• Doctors need a state authority (under section 18A of the Act) to keep prescribing after 2 months of treatment, before starting if you’ve already been on Schedule 8 drugs for over 2 months, or if they think you’re drug dependent.
• SA Health’s stated policy is that prescribing is for specialists with relevant expertise, with GPs able to get authority if a specialist backs it in writing. (We could only see this via search summaries of SA Health’s site, so ask your doctor how it applies to you.)
• From 1 January 2026, these authority applications go through ScriptCheckSA.

Nationally, Ahpra tightened its expectations of prescribers in July 2025, including requiring a real-time consult for telehealth scripts.

Drug driving

Under section 47BA of the Road Traffic Act 1961, it’s an offence to drive with any THC in your system (or meth, MDMA or cocaine). Police test with a saliva swab and the result is confirmed by a lab.

For a first offence:

• Expiation notice: issued after the lab result. It comes with a 3-month licence disqualification and 4 demerit points. The fee was reported as $875 from 1 July 2025 (we couldn’t confirm the 2026-27 amount).
• In court: a fine and at least 6 months’ disqualification.
• You’ll need a drug dependency assessment before you get your licence back.

SA Police can also issue an immediate loss of licence notice for drug driving.

If you’re a medicinal cannabis patient

There’s no medical defence in SA. A prescription doesn’t stop you being charged if THC is detected.

In September 2024, SA Parliament’s Joint Committee on the Legalisation of Medicinal Cannabis (chaired by Greens MLC Tammy Franks) unanimously recommended changing the law so THC presence isn’t an offence for an unimpaired patient taking their prescribed medicine as directed with no alcohol in their system. As of mid-2026, that hasn’t been legislated.

What’s changed recently

• By February 2023: Police powers to immediately suspend licences for drug driving were in place.
• September 2024: The parliamentary committee on medicinal cannabis recommended a driving defence for patients (interim report).
• 1 January 2026: Schedule 8 prescribing authorities moved to ScriptCheckSA.
• March 2026: At the state election, Legalise Cannabis SA polled about 2.4% in the Upper House and didn’t win a seat.
• We found no changes to the simple cannabis offence scheme itself between 2024 and 2026.

What’s being pushed for

• A medical driving defence: the committee’s 2024 recommendation is the main one to watch.
• Legalisation: Tammy Franks’ Cannabis Legalisation Bill 2022 proposed a legal, regulated system. It didn’t pass.

Last checked: October 2026

The fine print

This page is general information about South Australian law, written by cannabis enthusiasts, not lawyers. It isn’t legal advice, and laws, fees and police policies change. If you’ve been charged or you’re worried about your licence, talk to a lawyer or contact the Legal Services Commission of SA. If you’re a patient, talk to your prescriber about driving.

Looking for another state? Check out our state-by-state guide to cannabis laws in Australia.

Sources

• Law Handbook SA (Legal Services Commission), Simple cannabis offences
• Controlled Substances (Controlled Drugs, Precursors and Plants) Regulations 2014 (SA), Schedule 5
• Law Handbook SA, Diversionary schemes
• Law Handbook SA, Drug driving (updated 11 November 2025)
• Can I Drive?, South Australia (verified 10 July 2026)
• CarExpert, SA police can take drug drivers’ licences immediately (16 February 2023)
• SA Health, Medicinal cannabis: patient access in South Australia
• ABC News, Calls to reform roadside drug testing (18 September 2024)
• Cannabiz, No seat for Legalise Cannabis in SA election (23 March 2026)
• Ahpra, Medicinal cannabis prescribing guidance (July 2025)