Cannabis Laws in Australia

Not legal advice

This article is general information, not legal advice. Cannabis laws in Australia change frequently and vary by state and territory. Police and prosecutorial discretion also vary. If you have a specific legal question, consult an Australian lawyer or a community legal centre. Last verified: June 2024.

Federal framework

Cannabis is regulated under the Commonwealth Narcotic Drugs Act 1967 and the Therapeutic Goods Act 1989, with the Therapeutic Goods Administration (TGA) and the Office of Drug Control (ODC) as the main federal regulators ^[1][2]. Cultivation, manufacture and supply of cannabis for medical or research purposes were legalised by the Narcotic Drugs Amendment Act 2016 ^[3].

Recreational possession, use, supply and cultivation remain criminal offences under state and territory law. The Commonwealth's Criminal Code Act 1995 covers serious trafficking and importation offences Strong evidence.

In February 2020 the TGA down-scheduled low-dose CBD (≤150 mg/day) to Schedule 3 (Pharmacist Only), in principle allowing over-the-counter sale ^[4]. In practice, as of 2024 no CBD product has been registered on the Australian Register of Therapeutic Goods for OTC sale, so CBD still effectively requires a prescription ^[4] Strong evidence.

Medical cannabis access

Medical cannabis is accessed through three main pathways ^[2][5]:

• Special Access Scheme (SAS) Category B — the dominant pathway; a doctor applies to the TGA on behalf of an individual patient.
• Authorised Prescriber (AP) scheme — doctors approved to prescribe a specific product to a class of patients without per-patient TGA approval.
• Clinical trials.

There are no fixed conditions on the list. Doctors can apply for any indication they consider clinically justified, with chronic pain, anxiety, sleep disorders and cancer-related symptoms making up the bulk of approvals ^[5]. By early 2024 the TGA had recorded well over a million SAS-B approvals cumulatively, up from a few thousand in 2018 ^[5] Strong evidence.

Products are unregistered medicines: they are not subsidised by the Pharmaceutical Benefits Scheme (PBS), so patients pay full price out of pocket. Nabiximols (Sativex) is the only cannabis-based medicine registered on the ARTG.

State and territory laws

Recreational cannabis law varies significantly:

• Australian Capital Territory (ACT) — Since 31 January 2020, adults (18+) can possess up to 50 g of dried cannabis (or 150 g fresh) and grow up to 2 plants per person / 4 per household, provided plants are not hydroponically grown and not accessible to the public ^[6]. Supply, sale and use around children remain illegal. Cannabis remains illegal under Commonwealth law, creating a legal grey zone the ACT government acknowledges ^[6] Strong evidence.
• Northern Territory — Possession of up to 50 g attracts a $200 infringement notice (Drug Infringement Notice scheme) rather than a charge for first offences ^[7].
• South Australia — Cannabis Expiation Notice scheme: small amounts (≤100 g dried, or up to 1 non-hydroponic plant) attract a fine, no criminal record if paid ^[8].
• Victoria, NSW, Queensland, WA, Tasmania — Possession and use remain criminal offences. Most have formal or informal cannabis cautioning/diversion programs for small first-time amounts, but outcomes depend heavily on police discretion ^[9] Strong evidence.

Trafficking thresholds, supply offences and cultivation for sale are criminal everywhere and carry significant prison terms.

Driving and workplace testing

All Australian states and territories operate zero-tolerance roadside drug testing for THC. It is an offence to drive with any detectable THC in saliva or blood, regardless of impairment and regardless of whether you are a legal medical patient ^[10] Strong evidence. THC can be detected in saliva for hours after smoking and, less commonly, for longer after heavy or oral use.

Tasmania amended its laws in 2021 to provide a limited defence for medical patients who are not impaired, and Victoria passed a law in March 2024 giving magistrates discretion in some medical-cannabis driving cases — but the underlying presence offence still applies in most circumstances ^[11]. As of June 2024, no Australian jurisdiction has a general 'unimpaired medical patient' exemption.

Workplace drug testing is widespread in mining, transport and construction. Being a legal patient does not override an employer's drug and alcohol policy.

Reform debate

The Legalising Cannabis Bill 2023, introduced to the federal Senate by Greens senator David Shoebridge, proposed a national legal adult-use market regulated by a Cannabis Australia National Agency ^[12]. A Senate committee recommended against passing the bill in 2024, and it has not become law ^[12].

Victoria, NSW and Queensland have all held parliamentary inquiries or expert reviews into cannabis policy in recent years, generally recommending expanded diversion rather than legalisation. Public polling has shown rising but still mixed support for legalisation [evidence:weak — polls vary by wording and year].

For now, the practical Australian picture is: easy(ish) medical access via prescription, civil penalties for small possession in some places, criminal penalties elsewhere, and strict driving laws everywhere.

Sources

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