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Cannabis Laws in South Australia 2026 — Expiation Scheme, Penalties & Medicinal Access
South Australia has Australia's most lenient cannabis possession laws outside the ACT. A complete 2026 guide to SA's Cannabis Expiation Notice scheme, possession and cultivation rules, drug driving in SA, and how to access medicinal cannabis legally in Adelaide.
South Australia pioneered cannabis decriminalisation in Australia. Since 1987 — nearly 40 years ago — SA has operated a Cannabis Expiation Notice (CEN) scheme that allows adults found with small amounts of cannabis to pay a civil fine rather than face criminal charges. The CEN scheme remains the most progressive cannabis possession framework of any Australian state, second only to the ACT’s full legalisation.
This guide explains exactly how the SA expiation scheme works in 2026, what quantities it covers, what happens if you don’t pay, cultivation rules, drug driving laws in SA, and how to access cannabis legally through the medicinal pathway in Adelaide and across the state.
Legal disclaimer: This article is for general information only and does not constitute legal advice. Verify current rules with the Legal Services Commission of SA or a criminal lawyer.
South Australia cannabis laws at a glance
| SA rule (2026) | |
|---|---|
| Possession (≤100g dried cannabis) | Expiable — CEN fine, no criminal record |
| CEN fee (possession) | Approximately $150–$300 |
| Cultivation (≤1 non-hydroponic plant) | Expiable — CEN fine, no criminal record |
| Hydroponic cultivation | Criminal offence — no expiation |
| Possession >100g or >1 plant | Criminal offence |
| Supply (any amount) | Criminal offence |
| Failure to pay a CEN | Criminal charges for the original offence |
| Drug driving | Zero-tolerance — any detectable THC is an offence |
| Medicinal cannabis | Legal with valid TGA prescription |
The Cannabis Expiation Notice (CEN) scheme
The Cannabis Expiation Notice scheme under the Controlled Substances Act 1984 is SA’s cornerstone cannabis policy. Introduced in 1987, it was a landmark reform — the first jurisdiction in Australia to move minor cannabis possession from the criminal to the civil sphere.
What expiation means:
“Expiation” means paying a fixed civil fine to resolve the matter — similar to a parking or speeding infringement. When you pay a CEN:
- No criminal charges are laid
- No criminal record results
- No court appearance is required
- The matter is resolved administratively
The CEN is issued by police and must be paid within a defined period. If you pay it, the matter is over. If you do not pay it, the CEN converts to a formal criminal charge for the original offence.
What the CEN covers:
SA’s expiation scheme applies to:
-
Possession of up to 100 grams of dried cannabis (or equivalent in plant material or resin) — for personal use. Possession of cannabis is still technically an offence, but one that is resolved by fine rather than prosecution.
-
Cultivation of up to 1 non-hydroponic cannabis plant — a single soil-grown cannabis plant cultivated for personal use is an expiable offence. Paying the CEN means no criminal record for home cultivation of one plant.
What the CEN does NOT cover:
- Possession of more than 100g — criminal offence
- Cultivation of more than 1 plant — criminal offence regardless of growing method
- Any hydroponic cultivation — even a single plant grown hydroponically is a criminal offence in SA, not an expiable one
- Supply of any quantity — criminal offence with serious penalties, regardless of the amount supplied
- Selling paraphernalia — criminal offence
The CEN fee:
The expiation fee for cannabis possession and single-plant cultivation is set by regulation. As of 2026, the approximate fee is $150–$300 depending on the specific offence (possession vs cultivation). These amounts are revised periodically by regulation.
How the CEN compares to other states
| State | Non-criminal pathway | Quantity covered | Mechanism |
|---|---|---|---|
| ACT | Full legalisation | ≤50g; ≤2 plants | Legal — no offence |
| SA | Expiation (civil fine) | ≤100g; ≤1 plant (non-hydro) | Pay fine = no record |
| NT | SCON infringement | ≤50g | Pay fine = no record |
| WA | CIR education | ≤10g (1st/2nd offence) | Attend session = no record |
| NSW | Cautioning | ~≤30g (1st/2nd offence) | Drug education = no record |
| VIC | Drug Diversion | Police discretion | Attend session = no record |
| QLD | None | — | Any possession = criminal |
| TAS | None | — | Any possession = criminal |
SA’s 100g threshold is the highest of any state with a non-criminal possession pathway. This means a quantity that would result in a criminal charge in every other state (say, 80g) attracts only a civil fine in South Australia.
Failing to pay a CEN — serious consequences
The CEN scheme is only effective if the notice is paid. Failing to pay within the required period (typically 60 days) converts the matter to a criminal prosecution for the original possession or cultivation offence. At that point, the criminal penalty framework applies — including the possibility of a criminal conviction.
If you receive a CEN:
- Pay it by the due date
- Do not lose or ignore the notice
- If you dispute the CEN or cannot pay, seek advice from the Legal Services Commission of SA immediately
Supply of cannabis in South Australia
The expiation scheme applies only to possession and single-plant cultivation for personal use. Supply of cannabis in any quantity remains a serious criminal offence in SA — even handing cannabis to a friend without payment can potentially constitute supply under the Act.
SA courts treat supply offences seriously regardless of the state’s more progressive possession framework. If found supplying cannabis, even informally, you face potential imprisonment under the Controlled Substances Act.
Drug driving laws in South Australia
SA enforces zero-tolerance roadside drug testing for THC under the Motor Vehicles Act 1959. Any detectable level of THC in oral fluid is an offence — driving under the influence of cannabis is illegal regardless of how little you consumed or how long ago.
SA’s approach to drug driving:
SA Police conduct Random Drug Testing (RDT) operations at roadside checkpoints throughout the state. Adelaide metropolitan operations are regular; regional SA highways are also active testing locations, particularly on the Sturt and Princes Highways.
SA drug driving penalties — first offence:
- Fine: typically $900–$1,500 (expiation-available offences may apply in some circumstances for first offenders — consult a lawyer if charged)
- Licence disqualification: typically 3–6 months minimum
- Criminal conviction recorded
SA’s expiation scheme and drug driving:
A notable aspect of SA’s approach is that certain first-offence drug driving matters may be expiable — meaning they can be resolved by paying a fine without a criminal record, in a similar way to minor cannabis possession. This is more nuanced than other states and varies by the specific charge. If you receive a drug driving charge in SA, seek legal advice promptly about whether an expiation option applies.
Medicinal cannabis patients in SA:
SA’s medicinal cannabis patients face the same zero-tolerance drug driving issue as in every other Australian state. A valid prescription for THC-containing cannabis does not exempt you from the drug driving offence if THC is present in your oral fluid. Discuss driving timing and safety with your prescriber.
Medicinal cannabis in South Australia
SA fully participates in the TGA’s national medicinal cannabis framework. Adelaide has a well-developed medicinal cannabis clinical infrastructure, and country SA patients can access telehealth prescribing readily.
Accessing medicinal cannabis in SA:
- Telehealth or in-person consultation with a medicinal cannabis-aware GP or specialist
- TGA SAS-B prescription — no additional SA government approval required
- Medication dispensed and delivered to your door — same-day delivery to Adelaide and regional SA available
SA patients access the full national range of products. Browse what’s available for SA delivery.
Will South Australia further liberalise cannabis laws?
SA’s expiation scheme has been in place for nearly four decades, making it a well-established policy position rather than an emerging reform. Advocacy groups have called for SA to follow the ACT’s full legalisation model, but no formal government proposal has been announced as of 2026.
The SA Greens and some crossbench members of the SA Parliament have supported further reform. The Malinauskas Labor Government has focused on medicinal cannabis expansion rather than recreational reform.
Frequently asked questions — cannabis laws in South Australia
Is cannabis legal in South Australia? Medicinal cannabis is legal in SA with a valid TGA prescription. Recreational cannabis is not legal but is partially decriminalised: possession of up to 100g and cultivation of one non-hydroponic plant are expiable (civil fine) rather than criminal offences.
What is a Cannabis Expiation Notice (CEN) in SA? A CEN is a civil infringement notice — like a parking fine — issued by police when an adult is found with up to 100g of cannabis or growing one non-hydroponic plant. Paying the CEN (approximately $150–$300) resolves the matter with no criminal record. Not paying converts it to criminal charges.
How much cannabis can you have in SA without a criminal record? Up to 100 grams of dried cannabis — the highest decriminalised possession threshold of any Australian state. Above 100g, or any supply, is a criminal offence.
Can I grow cannabis at home in South Australia? One non-hydroponic cannabis plant for personal use is an expiable offence — you receive a CEN rather than criminal charges. More than one plant, any hydroponic grow, or commercial cultivation are criminal offences.
Can I drive after using medicinal cannabis in SA? No. SA’s zero-tolerance drug driving law applies regardless of prescription status. THC in oral fluid is an offence. Some first-offence drug driving matters may be expiable in SA — seek legal advice if charged.
Where can I get medicinal cannabis in Adelaide? Through the TGA medicinal cannabis prescription pathway. The Cannabis Shop delivers to Adelaide and across SA. A telehealth consultation ($50–$150) is sufficient to start the process.