Cannabis Laws in Australia: A State-by-State Guide

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Is Weed Legal in Australia

Australia has a patchwork approach to cannabis laws. While recreational cannabis remains illegal at the federal level, some states and territories have introduced reforms that decriminalise or regulate limited use and possession. Medical cannabis, on the other hand, has been legal nationwide since 2016 under strict guidelines.

Understanding what’s legal and what isn’t depends largely on where you are in the country. Let’s break it down.

Recreational Use: Legal in One Territory, Tolerated in Others

Australian Capital Territory (ACT)

The ACT is currently the only jurisdiction in Australia where recreational cannabis is legal—within limits:

  • Adults (18+) can possess up to 50 grams of dried cannabis.

  • You can grow two plants per person, up to four per household.

  • Cannabis must be used in private. Public use and supply remain illegal.

  • It’s still illegal under federal law, but police in the ACT do not typically enforce federal cannabis laws against personal use.

Other States and Territories

In all other parts of Australia, recreational cannabis is illegal, but some areas have decriminalised possession for small amounts:

  • South Australia and the Northern Territory issue fines (not criminal charges) for possession of small amounts.

  • Victoria, New South Wales, Queensland, Western Australia, and Tasmania continue to treat possession as a criminal offence, though first-time offenders may be eligible for diversion programmes or cautions.

In most of the country, selling, growing, or supplying cannabis is a criminal offence, and penalties can be severe, especially for repeat offenders or large-scale operations.

Medical Cannabis

Medical cannabis was legalised at the federal level in 2016, and it’s now available throughout Australia—though access can still be slow and heavily regulated.

  • Medical cannabis can be prescribed by authorised doctors for conditions such as chronic pain, multiple sclerosis, epilepsy, anxiety, PTSD, cancer-related symptoms, and others.

  • Products include oils, capsules, tinctures, and more recently, vape cartridges and dried flower.

  • All medical cannabis must be obtained through a prescription and from licensed suppliers.

Patients typically access medical cannabis through the Therapeutic Goods Administration’s (TGA) Special Access Scheme or Authorised Prescriber Scheme. As of 2024, over 400,000 approvals had been granted nationwide.

Industrial Use

Australia also has a legal industrial hemp industry, regulated separately from cannabis.

  • Industrial hemp is defined as cannabis with less than 1% THC.

  • It’s used for textiles, building materials, paper, food, and CBD extraction.

  • Each state and territory has its own licensing system for hemp growers and processors.

CBD oil derived from hemp is legal under medical prescription. Low-dose CBD was reclassified in 2021 as an over-the-counter medicine, but no products are currently approved for retail sale without a prescription, pending further testing and approval.

Fines and Offences: State-by-State Overview

ACT

  • Legal to possess and grow small amounts for personal use.

  • Selling or supplying cannabis remains a criminal offence.

New South Wales (NSW)

  • Possession: Criminal offence.

  • Police may issue a caution for small quantities (up to 15g) under the Cannabis Cautioning Scheme.

  • Second offence may still result in charges.

Victoria

  • Possession: Criminal offence.

  • Police can issue a caution with mandatory drug counselling for minor possession.

Queensland

  • Possession: Criminal offence.

  • Eligible for diversion to a drug education programme for small amounts (under 50g).

Western Australia

  • Possession under 10g may lead to a Cannabis Intervention Requirement (education session) for first-time offenders.

  • Repeat offences can lead to criminal charges.

South Australia

  • Possession under 100g, smoking equipment, or growing up to one plant at home results in a fine.

  • Large amounts or sale carries criminal penalties.

Northern Territory

  • Up to 50g of cannabis: fined, not arrested.

  • Growing, selling, or supplying remains criminal.

Tasmania

  • Criminal penalties still apply, though diversion programmes are available.

Driving Under the Influence

Across all states and territories, driving under the influence of cannabis is illegal. What’s unique in Australia is that:

  • Police test for the presence of THC, not impairment.

  • Even if you’re a legal medical cannabis patient, if THC is detected in a roadside test, you can lose your licence and face fines or disqualification.

  • Fines and penalties vary by state but typically include fines, licence suspension, and in some cases, criminal charges.

Future Outlook

Public opinion in Australia is slowly shifting. Surveys suggest a growing number of Australians support legalising cannabis for recreational use—particularly among younger age groups.

Key developments to watch:

  • ACT’s legalisation is being studied as a test case. If successful, it may encourage other states to follow.

  • Some state MPs in Victoria and NSW have pushed for legalisation bills, but none have passed.

  • The Greens party continues to advocate for full legalisation and regulation at the federal level.

While sweeping national reform is unlikely in the short term, medical cannabis is firmly established, and recreational reform may grow state-by-state over the next decade.

In Summary:

  • Recreational cannabis is only legal in the ACT (with limits).

  • Other states still treat recreational use as a criminal or civil offence, though first-time users may avoid court.

  • Medical cannabis is legal across Australia under prescription.

  • Industrial hemp is legal and licensed.

  • Driving with THC in your system is illegal, regardless of whether you’re impaired or not.

Australia’s cannabis laws are evolving, but for now, legality depends heavily on where you are, how much you have, and what you intend to do with it.