Also known as: Australian cannabis legislation · Cannabis possession laws Australia

Cannabis Laws in Australia

Medical access is available; recreational use remains illegal except in ACT with limited decriminalisation elsewhere.

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Published May 16, 2026

Last reviewed Oct 30, 2026

This article is general information, not legal advice. Laws change; check current rules with official sources or a lawyer.

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Australia has created easy medical access (over a million approvals since 2018) but maintains strict recreational prohibition. The ACT is the only place where personal possession is technically legal; everywhere else it's criminal, though some states offer fines instead of charges for small amounts. Driving with any detectable THC is illegal even for medical patients in most places. This is federal and state law working in tension, creating real uncertainty.

Legal disclaimer

This is general information only, not legal advice. Cannabis laws in Australia are set at both Commonwealth and state/territory level, change frequently, and are applied with significant discretion by police and prosecutors. Penalties and interpretations vary by jurisdiction and circumstances. If you face a legal question about cannabis, consult an Australian lawyer or a community legal centre.

Last verified: October 2026.

Federal framework

Cannabis is regulated under the Commonwealth Narcotic Drugs Act 1967 and the Therapeutic Goods Act 1989 ^[1]. The Therapeutic Goods Administration (TGA) and the Office of Drug Control (ODC) are the main federal regulators.

Cultivation, manufacture and supply of cannabis for medical or research purposes were legalised by the Narcotic Drugs Amendment Act 2016 ^[2]. Recreational possession, use, supply and cultivation remain criminal offences prosecuted under state and territory law, with serious trafficking and importation offences also covered by the Commonwealth Criminal Code Act 1995 Strong evidence ^[1].

In February 2020, the TGA down-scheduled low-dose cannabidiol (CBD; ≤150 mg/day) to Schedule 3 (Pharmacist Only), in principle allowing over-the-counter sale ^[3]. However, as of October 2026 no CBD product has been registered on the Australian Register of Therapeutic Goods (ARTG) for unrestricted over-the-counter purchase, meaning CBD effectively still requires a prescription Strong evidence ^[3].

Medical cannabis access

Medical cannabis has been increasingly accessible since 2018. There are three main legal pathways ^[4]:

Special Access Scheme Category B (SAS-B) — the dominant pathway; a doctor applies to the TGA on behalf of an individual patient for access to an unregistered cannabis medicine.

Authorised Prescriber (AP) scheme — doctors approved by the TGA to prescribe a specific product to a class of patients without per-patient TGA approval.

Clinical trials — patients enrolled in approved research studies.

There are no fixed or limited conditions. Doctors can apply for any indication they consider clinically justified. Chronic pain, anxiety, sleep disorders, epilepsy and cancer-related symptoms make up the bulk of approvals Strong evidence ^[4]. By early 2024, the TGA had recorded over one million cumulative SAS-B approvals, up from a few thousand in 2018 Strong evidence ^[4].

All approved products are unregistered medicines: they receive no Pharmaceutical Benefits Scheme (PBS) subsidy, so patients pay full retail price out of pocket. Nabiximols (Sativex, a standardised spray extract) is the only cannabis-derived medicine registered on the ARTG and eligible for PBS listing in some circumstances ^[4].

State and territory recreational laws

Recreational cannabis law varies significantly across Australia:

Australian Capital Territory (ACT) — Since 31 January 2020, adults aged 18+ can legally possess up to 50 g of dried cannabis (or 150 g fresh) and grow up to 2 plants per person or 4 per household, provided the plants are not hydroponically grown and are not accessible to the public ^[5] Strong evidence. Supply, sale and public use remain illegal. Cannabis remains illegal under Commonwealth law, creating a federal-territory legal tension that the ACT government acknowledges ^[5].

Northern Territory — Possession of small amounts (typically ≤50 g) attracts a $200 Drug Infringement Notice (fine) for first offences rather than a criminal charge, under the Drug Infringement Notice scheme in the Misuse of Drugs Act 1990 Strong evidence ^[6].

South Australia — The Cannabis Expiation Notice scheme allows police to issue a fine for small amounts (≤100 g dried, or up to 1 non-hydroponic plant) with no criminal record if paid Strong evidence ^[7].

Victoria, New South Wales, Queensland, Western Australia, Tasmania — Possession and use remain criminal offences. Most have formal or informal cannabis cautioning and diversion programs for small first-time amounts, but application depends heavily on police discretion Strong evidence ^[8].

Trafficking thresholds, sale, and cultivation for sale are criminal offences everywhere in Australia and carry significant prison sentences.

Driving and workplace testing

Driving: All Australian states and territories operate zero-tolerance roadside drug testing for THC. It is a criminal offence to drive with any detectable THC in saliva or blood, regardless of impairment and regardless of whether the driver is a legal medical patient Strong evidence ^[9]. THC can be detected in saliva for several hours after smoking and, occasionally, for longer periods after heavy or oral consumption.

Tasmania amended its Road Safety Act 1986 in 2021 to provide a limited defence for medical patients who are not impaired; Victoria passed a law in March 2024 giving magistrates discretion in some medical-cannabis driving cases. However, the underlying offence of driving with detectable THC still applies in the vast majority of circumstances. As of October 2026, no Australian jurisdiction has a blanket 'unimpaired medical patient' exemption from the zero-tolerance rule Strong evidence.

Workplace testing: Workplace drug testing is widespread in mining, transport, construction and aviation. Being a legal medical patient does not override an employer's drug and alcohol policy or testing protocol. Many employers maintain blanket policies against THC-positive results even where medical use is legal.

Recent reform proposals and debate

The Legalising Cannabis Bill 2023, introduced to the federal Senate by Greens senator David Shoebridge, proposed a national legal adult-use cannabis market regulated by a federal Cannabis Australia National Agency ^[10]. A Senate Legal and Constitutional Affairs Committee reported against the bill in 2024, and it has not become law ^[10].

Victoria, New South Wales and Queensland have all conducted parliamentary inquiries or expert reviews into cannabis policy in recent years, with most recommending expanded diversion (decriminalisation via fines rather than charges) rather than legalisation Weak / limited.

For now, practical policy across Australia remains: expanded medical access via prescription, civil penalties (fines) for small possession in two states and the territory, criminal penalties in the remaining states, strict zero-tolerance driving laws everywhere, and legal personal-use cultivation and possession only in the ACT.

Sources

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Oct 30, 2026

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Oct 30, 2026

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May 16, 2026

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