Help & Guidance — Purple Haze MK
Is Cannabis Legal in Australia?
Recreational cannabis is illegal under Australian federal law. The Australian Capital Territory (ACT) is the only exception, having decriminalised personal use and home cultivation since 2020. Medical cannabis is legal nationwide with a prescription, available since 2016.
Cannabis law in Australia operates on two levels: federal law and state or territory law. At the federal level, recreational cannabis is illegal. Medical cannabis has been legal federally since 2016 with a prescription from an authorised medical professional. At the territory level, the Australian Capital Territory (ACT) decriminalised personal cannabis use for adults in January 2020 — the only jurisdiction in Australia to do so. In all other states and territories, possession and use remain criminal or civil offences, though the penalties and enforcement approaches vary considerably. A federal bill to legalise recreational cannabis nationally was voted down in November 2024 by 24 votes to 13.
Federal Law
Under the Australian federal Narcotic Drugs Act 1967 and related legislation, cannabis is a controlled substance. The cultivation, production and supply of cannabis for recreational purposes are prohibited nationally. Federal law does permit cultivation, production and supply for medicinal and scientific purposes under strict licensing and permit conditions regulated by the Office of Drug Control (ODC) and the Therapeutic Goods Administration (TGA).
Australia legalised medicinal cannabis federally on 24 February 2016, making it a significant milestone in Australian drug policy. Since then the medical cannabis market has grown substantially, with over 500,000 prescriptions written as of 2025. Patients must meet clinical criteria and obtain a prescription from an authorised medical professional under the TGA's Special Access Scheme or Authorised Prescriber framework.
Laws by State and Territory
Australian Capital Territory (ACT)
Decriminalised for personal useSince January 2020 under the Drugs of Dependence (Personal Cannabis Use) Amendment Act 2019, adults aged 18 and over may possess up to 50g of dried cannabis or 150g of fresh cannabis and grow up to two plants per person (maximum four per household) for personal use. Cannabis cannot be smoked near children or in public spaces. Selling, buying and trafficking remain criminal offences. Note: federal law technically still classifies personal use as illegal in ACT, but federal enforcement is not applied in practice.
New South Wales (NSW)
Illegal — diversion scheme availablePossession is illegal. A Cannabis Cautioning Scheme allows police to issue cautions rather than proceed to prosecution for minor possession offences (up to 15g), available up to twice per person. Beyond caution thresholds, possession and supply attract criminal penalties including fines and imprisonment.
Victoria
Illegal — civil penalties for minor possessionPossession of up to 50g is subject to a civil penalty (fine) rather than criminal prosecution under the Drugs, Poisons and Controlled Substances Act. Supply and trafficking remain serious criminal offences. Medical cannabis is available under TGA authorisation.
Queensland
Illegal — strict enforcementQueensland maintains stricter cannabis laws than most other states. Possession, supply and cultivation are criminal offences under the Drugs Misuse Act 1986. No formal diversion scheme for cannabis comparable to NSW operates. Penalties can include significant fines and imprisonment.
Western Australia
Illegal — cannabis intervention schemePersonal use and possession attract civil penalties and referral to a Cannabis Intervention Requirement scheme for first-time minor offenders (up to 10g). Cultivation of up to two non-hydroponic plants for personal use may also attract a civil penalty rather than criminal charge in limited circumstances. Supply remains a serious criminal offence.
South Australia, Tasmania, Northern Territory
Illegal — varying penalty regimesCannabis is illegal for recreational use across these jurisdictions. South Australia operates an expiation notice scheme for minor possession (up to 100g) allowing fines in lieu of prosecution. Tasmania and the Northern Territory treat possession and supply as criminal matters with prosecution-based enforcement.
Medical Cannabis in Australia
Legal since 2016
Australia legalised the cultivation and manufacture of cannabis for medicinal and scientific purposes at the federal level in 2016. Medical cannabis products are regulated by the TGA under the Therapeutic Goods Act 1989. Products must meet pharmaceutical-grade quality standards.
Access pathways
Patients access medical cannabis through the TGA's Special Access Scheme (SAS-B) or through a registered Authorised Prescriber. Prescriptions can be issued for a wide range of conditions where conventional treatments have been ineffective. Products include oils, capsules, dried flower (for vaporisation) and other formats.
Market growth
Australia's medical cannabis market has grown significantly since 2016. Over 500,000 prescriptions had been written by 2025. The TGA had approved hundreds of cannabis products from both domestic producers and importers. Market revenue is forecast at AU$3.73 billion for 2024 with continued growth projected.
Vaping of medical cannabis
From July 2024, Australia introduced strict laws on nicotine vaping — requiring prescriptions for nicotine vapes purchasable only at pharmacies. Medical cannabis in dried flower form is legally vaporised (not smoked) by authorised patients. This is separate from the nicotine vaping framework and regulated under the medical cannabis pathway.
Recreational cannabis remains illegal under Australian federal law — a federal legalisation bill was voted down 24 to 13 in November 2024
The Australian Capital Territory is the only jurisdiction where personal recreational use and home cultivation are decriminalised
Medical cannabis has been federally legal in Australia with a prescription since 24 February 2016 — over 500,000 prescriptions written by 2025
Travelling to Australia as a UK Visitor
UK visitors travelling to Australia should be aware that recreational cannabis is illegal in all states and territories except the ACT, where personal possession of limited quantities by adults over 18 is decriminalised (not legalised). Even in the ACT, tourists purchasing cannabis would need an illicit supply source, as there is no legal regulated retail market.
Importing cannabis into Australia from any country is a federal offence regardless of the ACT's decriminalisation policy. Customs and Border Force actively screens for cannabis and other controlled substances at Australian borders. The consequences of being found importing cannabis into Australia are severe and include criminal prosecution, substantial fines and potential imprisonment.
Australia has one of the highest rates of cannabis use in the world — 11.5% of Australians over 14 used cannabis in the 12 months to 2023, according to government survey data. This high use rate exists alongside a largely illegal framework, reflecting the tension between enforcement policy and public behaviour that drives ongoing legislative debate. The Legalise Cannabis Australia party holds seats in the upper houses of Victoria, New South Wales and Western Australia and continues to advocate for federal reform.
Part of Our Guide
Help & Guidance Centre
This article is part of the Purple Haze MK Help and Guidance Centre covering cannabis laws around the world. Browse all topics in the Help and Guidance Centre for clear, factual information.
Frequently Asked Questions
Can I smoke weed in Sydney or Melbourne?
No. New South Wales (Sydney) and Victoria (Melbourne) both classify recreational cannabis possession and use as illegal. NSW has a cautioning scheme for minor possession but this does not make use legal — it diverts minor offenders away from prosecution rather than decriminalising the activity. Melbourne has civil penalty provisions for minor possession (up to 50g) but use in public places remains an offence. Neither city has anything resembling the ACT's decriminalisation framework.
Is it legal to smoke weed in Canberra (ACT)?
Personal use and possession of up to 50g by adults over 18 is decriminalised in the ACT since January 2020. You cannot be prosecuted for possessing this amount for personal use. However, cannabis cannot be smoked near children, in public spaces or in areas where it causes a disturbance. Purchasing cannabis from any source remains illegal as there is no legal retail market. There is no legal way to obtain cannabis in the ACT other than growing your own (up to two plants per person).
What is the penalty for cannabis possession in Australia?
Penalties vary significantly by state and territory. Queensland applies strict criminal penalties for all quantities. NSW, Victoria and Western Australia have diversion or civil penalty schemes for minor possession, potentially avoiding criminal records for first-time minor offenders. The ACT decriminalises possession up to 50g for adults entirely. Federal offences including importation and trafficking carry the most serious consequences regardless of which state the activity occurs in.
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