In short
Recreational cannabis is illegal in every Australian state, and selling it is illegal everywhere. The ACT lets adults keep a small amount and grow two plants at home. South Australia and the Northern Territory deal with small amounts by a fine, and police in the other states can caution or divert people instead of charging them. Medicinal cannabis is legal across Australia with a prescription. Driving with THC in your system is an offence.
On this page
The short answer
Cannabis, also called marijuana or weed, is not legal for recreational use in most of Australia. Around 41 per cent of Australians have tried it and 11.5 per cent used it in the past year, which makes it the most commonly used illegal drug in the country.1,3
- It is illegal to sell or distribute cannabis in every state and territory.1
- It is illegal to possess cannabis in New South Wales, Victoria, Queensland, Western Australia and Tasmania.1
- In the ACT, the Northern Territory and South Australia, having a certain small amount is not a criminal offence, although you can still be fined.1
- Medicinal cannabis is legal everywhere in Australia with a prescription.2
The details vary a lot between states, and they change.3 This guide is general information, not legal advice. If you have been charged with an offence, contact Legal Aid in your state.
Cannabis laws by state and territory
| Where | Recreational use | Small amounts for personal use |
|---|---|---|
| New South Wales | Illegal | For some minor cannabis offences, police may give a caution instead of a fine or a charge. You can only be given two. It is not available if a court has found you guilty of a drug, violent or sexual assault offence.4 |
| Victoria | Illegal | A small quantity is up to 50 grams. For a first offence you will usually get a caution instead of a charge, and you have to agree to drug counselling.5 |
| Queensland | Illegal | Queensland Police run a drug diversion program for people found with small amounts for personal use.6 |
| Western Australia | Illegal | For 10 grams or less, police can issue a Cannabis Intervention Requirement. You complete a one-hour session with a counsellor within 28 days and avoid a conviction. Adults can only get one.7 |
| South Australia | Illegal, with fines for small amounts | Up to 100 grams, or one plant that is not grown hydroponically, can be dealt with by an on-the-spot fine called a Cannabis Expiation Notice. If you pay it, you are not prosecuted.8 |
| Tasmania | Illegal | As in the other states, police can deal with small amounts by a warning or a referral instead of court.3 |
| Northern Territory | Illegal, with fines for small amounts | Having a certain small amount is not a criminal offence, but you can be fined.1 |
| ACT | Not an offence for adults within limits | Adults can have up to 50 grams of dried cannabis and grow two plants each at home.9 |
Outside those schemes, possessing, growing or selling cannabis, or having the equipment to use it, can lead to fines or imprisonment.3 Amounts matter. In Victoria, for example, 250 grams or 10 plants counts as a traffickable quantity.5
Is weed legal in Canberra?
The ACT changed its law in January 2020. It did not make cannabis legal. It removed the penalty for adults aged 18 and over who stay within these limits:9
- Up to 50 grams of dried cannabis, or up to 150 grams of fresh cannabis
- Up to two plants per person, and no more than four per household
- Using it in your own home, away from children
It is still a crime in the ACT to:9
- Smoke or use cannabis in a public place
- Expose a child to cannabis smoke, or store cannabis where children can reach it
- Grow plants anywhere other than your home, or anywhere the public can get to them
- Grow plants hydroponically or by artificial cultivation
- Sell cannabis, or share or give it to another person, even another adult
- Possess or use any amount if you are under 18
Two other points catch people out. Possessing cannabis is still an offence under Commonwealth law, and the Australian Federal Police can charge you under that law in the ACT. And these rules stop at the border. They do not apply in New South Wales or anywhere else.9
What does decriminalised mean?
Decriminalised does not mean legal. It means a small amount for personal use is dealt with by a warning, a fine or a referral to education or treatment, instead of a criminal conviction or prison. Some form of this exists across Australia.3 Selling cannabis remains a crime everywhere.1
Medicinal cannabis is a separate pathway
The Australian Government changed the law in October 2016 to allow cannabis to be used as a medicine.2 Using and possessing medicinal cannabis is lawful if it was prescribed to you and the prescription is valid and in your name.5
- It has to be prescribed by a doctor or nurse practitioner and dispensed by a pharmacy.10
- Getting it from a tobacconist, vape shop, convenience store or an online store that is not a registered pharmacy is breaking the law.10
- A prescription does not let you grow your own. Outside the ACT's rules, growing cannabis is illegal.2
It is not a first-line treatment for any condition, and a doctor will usually only consider it when other treatments have not worked.2 Our guide to medicinal cannabis in Australia covers how prescribing works and what the evidence shows.
Is CBD legal in Australia?
CBD is one of the chemicals in the cannabis plant. It does not cause a high.2 It is still a medicine under Australian law. In practice you need a prescription to get it.12
The medicines regulator decided in December 2020 that low-dose CBD could be sold by pharmacists without a prescription, but only products it has approved and registered. None had been registered when the decision was made.11 See CBD oil in Australia for more.
Cannabis and driving
It is illegal to drive under the effects of cannabis in every state and territory.1 Driving while impaired by cannabis roughly doubles the risk of a crash.20
Roadside saliva tests look for THC, the chemical in cannabis that causes a high. They detect its presence, not whether you are impaired, and they can return a positive result long after the effects have worn off.13
A prescription is not a defence in most of the country, but the rules are shifting:
- Tasmania: it is not an offence to drive with THC in your system if the product was lawfully prescribed and taken.16
- Victoria: it is still an offence, but a magistrate can decide whether a person with a valid prescription loses their licence.14
- New South Wales: a law passed in September 2026 sets up a register for patients, with the scheme expected to start in late 2026 or early 2027.15
- Queensland: driving with any trace is an offence, including medicinal cannabis.17
- ACT: it is a crime to drive with any amount of cannabis in your system.9
Our guide to how long cannabis stays in your system explains detection times.
Synthetic cannabis
Synthetic cannabis is made in a laboratory to mimic THC. It is not legal in Australia. Some forms are more harmful than cannabis itself, and it has been found laced with other drugs, including strong opioids.1
The health side
Whatever the law says where you live, cannabis carries health risks. Regular users can become dependent and get withdrawal symptoms when they stop.1 In a review of 21 studies, 22 per cent of people who used cannabis met the criteria for cannabis use disorder.18
Heavy use is also linked to psychosis. In a pooled analysis of 10 studies, the heaviest users had about four times the odds of schizophrenia and related conditions compared with people who did not use it.19 The advice from healthdirect is to avoid cannabis if you or a family member has a condition such as schizophrenia or bipolar disorder.1
When to talk to a doctor
- You are finding it hard to cut down or stop
- Cannabis is affecting your work, relationships or mental health1
- You are using it to manage pain, sleep or anxiety. A doctor can look at what is behind the problem and the treatments with the best evidence
You can also call the National Alcohol and Other Drug Hotline on 1800 250 015 for free, confidential advice.2
References
- healthdirect. Cannabis (marijuana).
- healthdirect. Medicinal cannabis.
- Alcohol and Drug Foundation. Cannabis (THC).
- Legal Aid NSW. Drugs.
- Victoria Legal Aid. Drug possession.
- Queensland Police Service. Police drug diversion program.
- Mental Health Commission of Western Australia. Diversion support.
- Legal Services Commission of South Australia. Law Handbook: Simple cannabis offences.
- Legal Aid ACT. Cannabis factsheet.
- Therapeutic Goods Administration. Medicinal cannabis: information for consumers.
- Therapeutic Goods Administration. Over-the-counter access to low dose cannabidiol.
- Alcohol and Drug Foundation. CBD (Cannabidiol).
- Alcohol and Drug Foundation. Roadside drug testing.
- Victoria Legal Aid. Drug driving.
- NSW Government. Medicinal cannabis driving reforms pass NSW Parliament.
- Tasmanian Department of Health. Medicinal cannabis information for patients and the general public.
- Queensland Government. Drug offences.
- Leung J, Chan GCK, Hides L, et al. What is the prevalence and risk of cannabis use disorders among people who use cannabis? a systematic review and meta-analysis. Addict Behav. 2020;109:106479.
- Marconi A, Di Forti M, Lewis CM, et al. Meta-analysis of the Association Between the Level of Cannabis Use and Risk of Psychosis. Schizophr Bull. 2016;42(5):1262-9.
- Hall W. What has research over the past two decades revealed about the adverse health effects of recreational cannabis use?. Addiction. 2015;110(1):19-35.
This guide is general information, not medical advice. It doesn’t replace a consultation with a doctor who knows your history. In an emergency, call 000.