In Australia, there is support for decriminalising marijuana as well as legalising growing cannabis plants at home for personal use. Despite this, marijuana remains illegal for personal use, without a prescription, in most states and territories of Australia.
Cannabis is sometimes otherwise referred to as weed, marijuana, dope, pot, hash, ganja, or grass.
There has been a strong push in Australia to legalise weed for some time now. Marijuana is legal in The Australian Capital Territory being the first place in Australia to decriminalise cannabis by removing penalties for adults who possess or use it. It is also legal for households to grow marijuana plants in the ACT.
For tailored advice, we recommend booking a confidential phone consult with our drug lawyers Sydney team. This article is not intended to replace legal advice.
When is Marijuana Legal?
However, any medical doctor can prescribe medicinal cannabis in Australia with the approval from the Therapeutic Goods Administration (TGA) and the relevant State or Territory's Health Department. Cannabis laws are becoming increasingly complex.
Doctors can apply for medicinal cannabis by using the 'Special Access Scheme' where it is sourced for a single patient or can apply to the TGA to become an 'Authorised Prescriber' if they are seeking to prescribe it to their patients in general, where applicable.
Whilst cannabis plants contain various bioactive molecules, the two main components utilised for medicinal purposes are 'delta-9-tetrahydrocannabinol' (THC) and 'cannabidiol' (CBD).
Medicinal cannabis can come in many different forms including oil, flower, capsules, and creams.
In Australia, all medicines are classified under a national system, which is called the 'Poisons Standard'. In this system, each drug has a certain category called a 'schedule', based on the potential risks and harm associated with its use.
With respect to medicinal cannabis products:
- Low dose CBD products (i.e., products with CBD as at least 98% of the total cannabinoid content (with less than 1% THC) and a maximum daily dose of 150 mg CBD = Schedule 3 (pharmacist-only) medicines.
- CBD only products (contain at least 98% of total cannabinoid content) = Schedule 4 (prescription-only) medicines.
- All other medicinal cannabis (i.e., including those with delta-9-tetrahydrocannabinol) = Schedule 8 (controlled drugs). Schedule 8 medicines are subject to stricter legislative controls, which is stated due to their higher potential for misuse, abuse, and dependence.
This article will outline the current laws surround cannabis in each Australian state and territory, where it is not prescribed by a doctor. Click here for more on whether bongs are legal in Australia.
Marijuana Law: New South Wales Laws, Quantity and Penalties
In New South Wales, cannabis is considered a prohibited drug or plant (depending on its form), as reflected in Schedule 1 of the Drug Misuse and Trafficking Act 1985 ( NSW).
Schedule 1 outlines the quantity of cannabis which corresponds to an ascending classification of weight. It distinguishes cannabis leaf, oil, resin, as well as cannabis plants, including where cultivated by enhanced indoor means, and delta-9-tetrahydrocannabinol (THC).
The quantities for cannabis leaf are:
- A small quantity is 30 grams,
- Traffickable is 300 grams,
- Indictable quantity is 1,000 grams,
- Commercial quantity is 25kg, and
- Large commercial quantity is 100kg.
Possession of cannabis, as a prohibited drug, is criminalised under section 10, with an applicable maximum penalty of up to 2-years imprisonment and/or a $2,200 fine.
Cannabis Cautioning Scheme In New South Wales
Instead of charging you, police may instead choose to issue a formal caution if you are found with under 15 grams of cannabis leaf in your possession. This is called the 'Cannabis Cautioning Scheme'. To be eligible, you need to admit guilt to possession of the cannabis and be in possession of 15 grams or less.
Police are not able to issue a caution if you were committing other criminal offences at the time, have prior convictions related to drugs, violence, or sexual assault, or have received a caution more than once before (i.e., you can receive a maximum of two cautions).
Where a caution is issued, it will be accompanied by a formal notice which contains health and legal information, as well as a number for a 24-hour dedicated cannabis cautioning telephone helpline ran by the Alcohol and Drug Information Service.
However, it is important to note that it is a 'discretionary' option available to police, and they still may decide to formally charge offenders who may otherwise be eligible for a caution.
There are serious penalties for supplying and cultivating cannabis in New South Wales. The maximum penalties applicable will depend on the amount of cannabis involved.
For example, supply involving over the indictable quantity but less than commercial quantity carries a maximum penalty of 10 years imprisonment and/or a $220,000 fine, if dealt with in the District Court.
This is also applicable to supply involving lower quantities, if dealt with in the District Court.
However, they are routinely dealt with in the Local Court, which is limited to imposing a maximum penalty of 2 years imprisonment and/or $11,000 fine, for a single offence.
Supply involving cannabis over the commercial quantity carries a maximum penalty of 15 years imprisonment and/or a $385,000 fine, whereas large commercial quantity supply attracts a maximum penalty of 20 years imprisonment and/or a $550,000 fine.
These offences are strictly indictable, which means that it cannot be dealt with in the Local Court and therefore will be heard before the District Court.
Legalised Marijuanas Australia: Australian Capital Territory
In the Australian Capital Territory, if you are aged 18 years and over, you can possess up to 50 grams of dried cannabis or up to 150 grams of fresh cannabis.
You are able to grow up to two cannabis plants per person in a household, with a maximum of four plants to a household, as per section 171AAA of the Drugs of Dependence Act 1989 (ACT).
If this is exceeded, (i.e., if a person cultivates more than 4 cannabis plants or possesses an amount of cannabis exceeding the amounts outlined) a maximum penalty of 2 years imprisonment and/or a $8,000 fine (50 penalty units x current value of $160) is applicable for cultivating more, whereas 6 months imprisonment and/or a $8,000 fine is applicable for possessing more.
Whilst you are able to use cannabis in a household, it remains illegal to smoke cannabis in a public place or expose a child to cannabis smoke. If you do so, a maximum fine of $4,800 is applicable.
It also remains an offence to sell, share or give cannabis as a gift to another person, and to drive with any cannabis in your system.
It is an offence to sell cannabis or prepare it for supply, with a maximum penalty of 3 years imprisonment and/or a $48,000 fine, as per section 603 of the Criminal Code Act 2002 (ACT).
However, the penalties increase, depending on the quantity involved. The trafficable quantity is 300 grams, the commercial quantity is 30 kg, and 150kg is the large commercial quantity.
If the amount involved is trafficable, the maximum penalty is 10 years imprisonment and/or a $160,000 fine, whereas if it is commercial, the maximum penalty is 25 years imprisonment and/or a $400,000 fine. If is large commercial, the maximum penalty applicable is imprisonment for life.
Australia Weed Laws: Victoria
In Victoria, cannabis is considered a drug of dependence.
The Drugs, Poisons and Controlled Substances Act 1981 (VIC) prescribes that 50g will be considered a small quantity, with a traffickable quantity being 250g or 10 plants, commercial quantity being 25kg or 100 plants, and large commercial quantity being 250kg or 1,000 plants.
It is an offence to possess cannabis, if not authorized or licensed to, as per section 73.
If the quantity of cannabis was not more than the small quantity and the possession was not for any purpose related to trafficking in cannabis, a maximum penalty of a $961.55 fine is applicable (5 penalty units x current value of $192.31).
If the amount is beyond the small quantity of cannabis but is nonetheless not for any purpose related to trafficking, a maximum penalty of 1 year imprisonment and/or a $5,769.30 fine is applicable.
However, if the possession was for the purpose of trafficking, it instead carries a maximum penalty of 5 years imprisonment and/or a $76,924 fine (400 penalty units x current value of $192.31).
The definition of 'trafficking' encapsulates preparing cannabis for trafficking, manufacturing them, as well as selling, exchanging, agreeing to sell, offering for sale, or having in possession for sale.
There is also a separate offence for trafficking or attempting to traffick cannabis, with a maximum penalty of 15 years imprisonment applicable, as per section 71AC. Whereas if it occurs at a school or within 500 metres of a school, the maximum penalty applicable raises to 20 years imprisonment.
The applicable maximum penalty if a commercial quantity is involved is 25 years imprisonment. If a large commercial quantity of cannabis is involved, the maximum penalty is instead life imprisonment and/or a $961,550 fine.
Weed Laws Australia: Queensland
In Queensland, cannabis is classified as a 'dangerous drug' under the Drugs Misuse Regulation 1987 ( QLD).
It is an offence to possess cannabis, with maximum penalties dependant on the quantity involved.
If the amount of cannabis is over 500 grams or 100 plants, a maximum penalty of 20 years imprisonment is applicable, however, if it is under this amount, it is 15 years imprisonment instead.
Supplying cannabis also carries extremely tough penalties.
If you supply cannabis to a child under 16 years old, the offence carries a maximum penalty of 25 years imprisonment. If the supply is aggravated by another factor (i.e., the person you supplied was 16 – 18, intellectually impaired, or you did so in an educational institution or correctional facility), the maximum penalty applicable is 20 years imprisonment.
Where the supply of cannabis does not have any aggravating features, a maximum penalty of 15 years imprisonment is instead applicable, as per section 6.
Producing cannabis carries similar maximum penalties of 20 years imprisonment (if it involves 100 or more plants), or 15 years imprisonment where it involves less, as outlined in section 8.
Cannabis Laws: South Australia
In South Australia, cannabis including cannabis oil and resin are classified as controlled drugs under the Controlled Substances Act 1984 (SA).
'Simple cannabis offences' may be dealt with by way of an 'expiation notice' rather than the person being charged and having to go to court.
An expiation notice is essentially a fine, which if paid, does not result in a criminal conviction, as it is not regarded as an admission of guilt. A prosecution in court for a 'simple cannabis offences' can only be commenced after the person has been given an expiation notice and not complied.
Simple cannabis offences and their corresponding fine amounts include:
- Possessing less than 25 grams of cannabis ($250),
- Possessing between 25 and 100 grams of cannabis ($400),
- Possessing less than 5 grams of resin ($250),
- Possessing between 5 and 20 grams of resin ($400),
- Non-commercial cultivation (1 plant only, but not hydroponically cultivated) ($400),
- Possession or consumption of cannabis (however, not in public) ($250).
If possession of cannabis is prosecuted in court, a maximum penalty of a $2,000 fine is applicable.
It is an offence to supply or administer cannabis to another person or have possession of cannabis with intent to do so. A maximum penalty of 3 years imprisonment and/or a $15,000 fine is applicable.
Furthermore, where a person is found guilty of cultivating between 2-10 plants, the maximum penalty in such cases is $2,000 and/or 2 years imprisonment.
However, if the offence is considered 'aggravated' or the offender is a 'serious drug offender', the maximum penalty increases to a fine of up to $5,000 and/or imprisonment for 5 years.
An offence will be deemed aggravated where it was committed for the benefit of a criminal organisation, in association with a criminal organisation or the offender identified themselves in some way as belonging to, or being associated with, a criminal organisation.
A serious drug offender is an offender who has, within 10 years, previously been convicted of serious offences related to trafficking, cultivation, and sale of controlled drugs.
Illegal Marijuana's: Western Australia
In Western Australia, cannabis is considered a prohibited drug or plant under the Misuse of Drugs Act 1981 (WA).
If you are caught possessing not more than 10 grams of cannabis or any drug paraphernalia in or on which there is cannabis you will be dealt with under the 'Cannabis Intervention Requirement' which requires you to undertake a 'Cannabis Intervention Session' within 28 days.
This is a one-to-one session with a trained counsellor that takes about 60-90 minutes to complete, and involves information about the health, social, and legal consequences of cannabis use as well as strategies to address cannabis using behaviour.
If you fail to attend, then the alleged offence will be prosecuted by the officer who issued the Cannabis Intervention Requirement. The scheme applies to anyone aged 14 years and over.
Where possession is prosecuted in court, a maximum penalty of 2 years imprisonment and/or a $2,000 fine applicable.
It is also an offence to possess cannabis with intent to supply as well as sell or supply cannabis, including offering to do so. A maximum penalty of 25 years imprisonment and/or a $100,000 fine is applicable.
To 'supply' has a wide definition, encompassing to deliver, dispense, distribute, forward, furnish, make available, provide, return, or send. It does not matter that something is supplied on behalf of another or on whose behalf it is supplied.
Furthermore, it is an offence to possess or cultivate a prohibited plant (i.e., cannabis) with intent to sell or supply the plant. A maximum penalty of 10 years imprisonment and/or a $20,000 fine is applicable. There is a presumption that a person has an intent to sell or supply a prohibited plant if they cultivate more than 20 cannabis plants.
To cultivate, in relation to a prohibited plant, is defined as 'to grow, sow or scatter the seed produced by, or to plant, nurture, tend or harvest, the prohibited plant'.
If there is no intent to sell or supply, the offence carries a maximum penalty of 2 years imprisonment and/or a $2,000 fine.
Australia Cannabis Laws: Northern Territory
In the Northern Territory, cannabis is considered a 'dangerous drug' under Schedule 2 of the Misuse of Drugs Act 1990 (NT).
What is deemed a 'traffickable', or a 'commercial' quantity will depend on what form the cannabis is in (i.e., oil, plant, plant material such as leaves, stalks and seeds, resin).
For example, 50 grams will be considered a traffickable quantity of cannabis plant material, whereas 500 grams is the commercial quantity. If in plant form, not less than 5 nor more than 19 plants are traffickable, whilst not less than 20 plants is commercial.
It is an offence to possess cannabis, with a maximum penalty of 14 years imprisonment if this involves a commercial quantity. The same penalty is applicable to intentionally supplying or taking part in the supply of cannabis to another person.
Possession of a traffickable quantity carries a maximum penalty of 5 years imprisonment and/or a $88,000 fine (500 penalty units x current value of $176), which is also applicable to supplying less than a commercial quantity of cannabis.
Where a possession offence involves less than a traffickable quantity, an $8,800 fine (50 penalty units) may instead be applicable. However, where cannabis is possessed in a public place, the maximum penalty applicable is instead 2 years imprisonment and/or a $35,200 (200 penalty units).
Tough penalties apply to cultivating cannabis plants. If a commercial quantity is involved, the offence carries a maximum penalty of 25 years imprisonment, whereas if a traffickable quantity is involved the offence carries a maximum penalty of 7 years imprisonment.
Act Weed Laws: Tasmania
In Tasmania, cannabis is considered a controlled plant under the Misuse of Drugs Act 2001 (TAS).
If you possess less than 50 grams of cannabis, you may be eligible for a caution from police instead of being charged. However, no more than three cautions can be issued to any one person over a 10-year period.
Cannabis is illegal to possess, use, or supply, without a valid prescription or authorisation.
It is an offence to possess, use or administer cannabis to another person, with a maximum penalty of 2 years imprisonment and/or a $9,750 fine (50 penalty units x current value of $195).
The sale or supply of cannabis is also prohibited, with the offence carrying a maximum penalty of 4 years imprisonment and/or a $19,500 fine (100 penalty units).
However, there is also a separate offence for 'trafficking' in a controlled substance, with a maximum penalty of 21 years imprisonment.
Trafficking encapsulates preparing cannabis for supply, transporting a trafficable quantity, guarding, or concealing a trafficable quantity of cannabis, or importing a trafficable quantity of cannabis into Tasmania. It also includes offering, exchanging, delivering, or receiving cannabis for sale.
A trafficable quantity of cannabis will depend upon its form. For example, for cannabis (other than as separated resin, oil, or individual plants) it is 1kg, for individual plants it is 20 plants, for oil it is 25 grams, and for resin it is 25 grams.
Cultivating a controlled plant such as cannabis carries a maximum penalty of 2 years imprisonment and/or a $9,750 fine (50 penalty units x current value of $195). However, if the plant is grown for sale, the maximum penalty increases to 21 years imprisonment.
How Much is Legal Cannabis in Australia?
The average spend per month for a legal medicinal cannabis user in Australia is about $278. The cost you pay for legal cannabis for medical purposes with a doctor's prescription depends on the amount of cannabis prescribed and the frequency you are prescribed it. an average patient will pay between $5 to $15 a day.
Why is Cannabis Illegal?
Cannabis has been illegal for a very long time across many parts of the world. One of the main reasons cannabis is illegal is that there is less research done on cannabis and the long-term effects of it is not properly understood yet. Some research suggests, although not confirmed, that long term used of weed can cause brain development and mental health issues.
Is it Legal to Bring Marijuana into Australia?
Brining marijuana into Australia without a lawful permit for medical purposes is a crime in Australia with heavy penalties prescribed. Importing into Australia medicinal cannabis products including cannabis extracts and oils is restricted and regulated by the Office of Drug Control. Delta 9 tetrahydrocannabinol is the only type of cannabis that may be lawfully imported into Australia with a permit. The form of THC being imported must be declared when filling out the imports permit if you intend to import it into Australia.
What is the Future of Cannabis in Australia?
There is a strong push towards decriminalising cannabis across all parts of Australia. Currently, the ACT has decriminalised cannabis while medicinal cannabis with prescription has been legalised in Australia since 2016. While the Australia's Capital has been the first to decriminalise it, it is expected that all States and Territories will eventually follow.
What is the fine for marijuana in Australia?
The fines prescribed for possessing marijuana in Australia differ across States and Territories depending on the quantity. The following are the fines for possessing small amounts of marijuana:
- New South Wales fine: $2,200,
- ACT fine: $8,000,
- Victoria fine: $961.55 – $5,769.30 for less than to more than small quantity,
- South Australia fine: $250 – $2,000,
- Western Australia fine: $2,000,
- Northern Territory fine $8,800,
- Tasmania fine: $9,750.