South Australian Current Acts South Australian Current Acts33K—Cultivation of controlled plants
(1) A person
who—
(a)
cultivates a controlled plant (other than a cannabis plant); or
(ab)
cultivates a cannabis plant by artificially enhanced cultivation; or
(b)
cultivates more than the prescribed number of cannabis plants; or
(c)
cultivates a cannabis plant intending to supply the plant or to supply or
administer any product of the plant to another person,
is guilty of an offence.
Maximum penalty:
(a) for
a basic offence—
(i)
if the offender is a serious drug
offender—$5 000 or imprisonment for 5 years, or both; or
(ii)
in any other case—$2 000 or imprisonment for 2
years, or both;
(b) for
an aggravated offence—$5 000 or imprisonment for 5 years, or both.
(2) A person who
cultivates not more than the prescribed number of cannabis plants is guilty of
an offence.
Maximum penalty: $2 000 or imprisonment for 2 years, or both.
(3) A court sentencing
a person for an offence against subsection (2) that is a simple cannabis
offence (within the meaning of section 45A) must not impose any sentence
of imprisonment in relation to the offence.