Is Weed Legal in Australia?

G’day mate! And welcome to your answer to whether weed is legal down under. The short answer? Yes and no – Recreational and medical cannabis use is legal in some parts of Australia, like the ACT, but much of the country allows ONLY medically prescribed use.

A Brief History of Australian Cannabis Laws

Since cannabis isn’t indigenous to Australia, Aboriginal Australians (the original Australian natives) didn’t use or have access to the herb. In the 1770s, Western immigrants, specifically from Britain, started relocating to the island country. These immigrants brought cannabis with them to use recreationally and industrially (hemp for rope and sailcloth).

By the 1920s, cannabis was getting a bad rep globally, especially in the U.S., leading to international restrictions on access to it. In 1925, Australia joined this movement and signed the Geneva Convention on Opium and Other Drugs, which added cannabis to the list of controlled substances.

As the 1930s unfurled, so did widespread anti-cannabis laws across various Australian regions. By the late 1950s, weed was completely illegal across the nation. In 1967, Australia passed the Narcotic Drugs Act, further enforcing cannabis’s illegality across the country and tightening federal control over the herb.

However, despite these anti-cannabis laws, weed use only grew more popular in the 1960s, particularly in Sydney. Its popularity was largely due to American soldiers stationed in Australia during the Vietnam War, who brought their cannabis habits with them.

It wasn’t until 2016 that Australia updated its Narcotic Drugs Act to legalize the cultivation and use of cannabis for medicinal and scientific purposes at the federal level. By 2017, new food laws allowed Australians to consume low-THC hemp seeds and food products legally.

Cannabis Legality in Australia

Federally, recreational cannabis use, possession, and cultivation are illegal in Australia. However, since the country operates under a federal system of government, each state and territory determines what’s legal within its jurisdiction. Here’s a breakdown of each state and territory’s cannabis stance:

Cannabis in the Australian Capital Territory (ACT)

The ACT is the only part of Australia where recreational, personal cannabis use is legal, which is weird considering it’s the least touristy and fun territory in the country. The region decriminalized cannabis in 2020 under the Drugs of Dependence (Personal Cannabis Use) Amendment Act 2019. However, you have to be at least 18 to use cannabis legally in the ACT.

Also, possessing more than 50 grams of dried herb or 150 grams of fresh cannabis is illegal. The same goes for an individual growing more than two cannabis plants at a time or a household growing more than four.

Additionally, you can’t use cannabis publicly in the territory, drive while high, grow cannabis with non-natural methods (hydroponic systems), sell, or share it. Breaking any of these cannabis rules in the Australian Capital Territory can have severe legal consequences.

Cannabis in New South Wales (NSW)

Cannabis supply, cultivation, possession, and recreational use are all illegal in NSW under the Drug Misuse and Trafficking Act of 1985. However, medical cannabis use is legal, but only if you have a valid prescription from an authorized doctor who follows the Therapeutic Goods Administration’s (TGA) rules.

Cannabis in Victoria

The Victorian state government doesn’t allow cannabis possession, cultivation, or recreational use. However, medical cannabis use is legal in the state if you have a prescription from an authorized doctor. Patients suffering from chronic pain, epilepsy, or cancer-related symptoms are more likely to qualify for prescriptions in the state.

Cannabis in Queensland

Queensland has some of the strictest cannabis laws and enforcement practices in Australia. Possession, cultivation, supply, and recreational use are criminal offenses punishable under the Drugs Misuse Act of 1986. Penalties can be as severe as 20 years in jail, depending on the quantity you’re caught with. But if you’re lucky and caught with a small amount, you might get off with just a warning.

In contrast, medical cannabis is legal in the state if prescribed by a registered Queensland doctor. Doctors can recommend CBD or THC products for conditions like drug-resistant epilepsy, chemotherapy-induced nausea, multiple sclerosis symptoms, and palliative care. But whether it’s for recreational or medical use, smoking cannabis is illegal in Queensland. Patients can use only non-smoking forms, such as oils, capsules, sprays, tinctures, and, in some cases, vaporizers.

Cannabis in Western Australia (WA)

Western Australia briefly decriminalized cannabis use in 2004, before recriminalizing it in 2011. Currently, recreational cannabis use and possession are illegal in WA, attracting fines of up to AUD $2,000 or two years in jail.

However, if you can get a prescription from an authorized doctor, you can use cannabis legally in WA, but you can’t smoke it. Like Queensland, WA allows only non-smokable forms of cannabis.

Cannabis in South Australia (SA)

Recreational cannabis is illegal in South Australia. However, medical use has been legal since November 2016. You can’t smoke in SA, but other forms of medical cannabis are available by prescription from an authorized doctor. While the federal medicinal cannabis scheme allows cultivation, only licensed commercial producers and not individuals can do it.

Cannabis in Tasmania

According to a 2018 study, Tasmanians consume more cannabis than other Australians. Tasmania’s high cannabis use continues despite recreational use being illegal in the state. Personal possession and cultivation are also illegal, but medical use is legal under Tasmania’s Controlled Access Scheme (CAS).

Cannabis in the Northern Territory (NT)

The Northern Territory has decriminalized small quantities of cannabis for personal, recreational use. For example, having less than 50 grams for personal use at home might attract a fine rather than criminal charges. However, public possession, cannabis cultivation, or repeat offenses can lead to criminal charges and imprisonment.

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Medicinal cannabis, on the other hand, has been legal since 2016. However, prescriptions can be hard to come by due to the few authorized prescribers in the NT area, especially in remote regions.

READ: Australian Study Finds That Harm Reduction Could Prevent Overdoses At Music Festivals

What Type of Cannabis Can You Use in Australia?

The type of cannabis you can legally use in Australia depends on your location. In the ACT, adults can legally use cannabis for both recreational and medical purposes. But you must consume it in private, as all forms of public usage remain illegal.

Besides fresh or dried flower, other forms of cannabis you can enjoy in the ACT include homemade edibles. However, sharing, gifting, or selling such edibles is illegal, which makes buying them equally illegal.

You can also get cannabis oils, tinctures, vapes, capsules, and topical products in the ACT with a prescription. The same goes for concentrates like wax, shatter, or THC crystals, which are illegal for recreational use and available only for medical use with proper approval.

As for the other states and territories in Australia, recreational cannabis use is illegal. But you can get a prescription to use medical weed legally in these areas. However, even with a prescription, you can’t smoke cannabis. The laws of these areas require that you consume medical cannabis in non-smokable forms, such as oils, capsules, tinctures, or vaporized flower.

According to anecdotal reports from Queensland residents, getting a prescription isn’t particularly hard. Redditor, RockyDify, says, “It’s so easy to get a script, it’s practically fully legal. At the store in my town, they even have the symptoms/key phrases you need to say to the doctor written on the walls on your way in: INSOMNIA, ANXIETY, DEPRESSION.”

What about hemp? In all Australian states and territories, hemp that contains less than 1% THC (the compound that gets you high) is legal to buy, use, and consume. You can legally buy and use hemp seed oil, food products, and cosmetics made from low-THC hemp. However, growing hemp in Australia for personal or commercial use requires a license.

Can You Grow Weed Legally in Australia?

You can only grow weed legally in the ACT, and even then, there’s a limit – two plants per individual and four plants per household. Outside the ACT, be it for recreational or medical purposes, you can’t grow cannabis. Ignoring this rule can lead to fines, court appearances, or even jail time, depending on the state and the amount involved.

Can I Travel to Australia with Cannabis?

You can’t visit Australia with your marijuana stash or cannabis concentrate. Since cannabis is a border-controlled drug, having any on you at an Australian airport can lead to jail time, hefty fines, deportation, and even a ban from the country. The larger the quantity you have, the worse the punishment will be.

However, you may bring medicinal cannabis into Australia if it’s for your medical use or for someone you’re caring for. A doctor or pharmacist from your origin country must have prescribed and dispensed it, and you can bring up to a three-month supply. You must declare it at the border, and border officials may require proof, such as your prescription or medical documentation, before allowing entry.

Punishment for Breaking Australian Cannabis Laws

Compared to Singapore, China, and Saudi Arabia, where cannabis-related crimes can carry the death penalty, Australia seems quite lenient. The worst punishment you can get in Australia for breaking cannabis laws is life imprisonment, but that’s only for Pablo Escobar-level crimes like major trafficking.

Here’s a quick list of punishments for breaking cannabis laws in each Australian territory and state:

• Australian Capital Territory: Possessing or cultivating more than the allowed limit can result in up to six months in prison and a fine of up to AU$8,500.
• New South Wales: The maximum penalty for possession is an AU$2,200 fine and two years in prison. Cultivating weed can attract penalties of up to an AU$11,000 fine and 10 years’ imprisonment. Trafficking can get you life in prison and up to AU$550,000 fine.
• Northern Territory: Possessing less than 50 grams can attract a maximum fine of AU$200, while possessing over 50 grams can get you up to two years in jail.
• Queensland: Growing or possessing cannabis can attract up to 15 years in prison for smaller quantities and up to 20 years for larger amounts.
• South Australia: Getting caught with up to 100 grams can attract up to an AU$150 fine, while over 100 grams can get you up to an AU$2,000 fine and two years’ imprisonment.
• Tasmania: You can get a warning the first three times you’re caught with under 50 grams. After that, you can get up to an AU$7,950 fine and/or two years in prison.
• Victoria: The maximum penalty for possession is an AU$2,200 fine and two years in jail.
• Western Australia: You can face fines of up to AU$2,000 and up to two years in prison for possession, depending on the quantity.

Are You Looking to Get High Down Under?

If you’re an Aussie without a cannabis prescription, getting high can have legal consequences if you get caught. However, if you’re in the Australian Capital Territory, you should be fine if you enjoy your cannabis within the privacy of your home. Using it in any public space or driving while high could get you into trouble with the law.

What if you’re a tourist or visitor? Visitors to Australia can get a medical cannabis prescription from authorized doctors. With the script, you can purchase dried flower or other products from a pharmacy. However, in the ACT, visitors don’t need a script for recreational use as cannabis is legal there.

Just remember that smoking cannabis is illegal in most of Australia. So, if you have dried flower, the legal way to enjoy it is with a vaporizer. Also, don’t get greedy and buy more than the allowed possession limit per person, such as 50 grams in the ACT. Otherwise, you could face possession charges.