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Cannabis Laws in Australia

6/4/2025

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Cannabis Laws in Australia: A State-by-State Breakdown (2025)

Australia’s cannabis laws vary significantly across its states and territories. While cannabis remains illegal at the federal level, some jurisdictions have taken steps toward decriminalisation or legalisation for personal use. Whether you’re a resident or planning to visit, understanding these differences is crucial to staying on the right side of the law.


Below is a comprehensive overview of the cannabis laws in each Australian state and territory as of 2025.

🇦🇨 Australian Capital Territory (ACT)
Status: Decriminalised / Legal for Personal Use

The ACT is the most progressive jurisdiction in Australia regarding cannabis laws.

  • Adults (18+) can possess up to 50 grams of dried cannabis or 150 grams of fresh cannabis.
  • Individuals can grow up to two plants per person, with a maximum of four plants per household.
  • Sale and supply of cannabis remain illegal, even in small quantities.
  • Cannabis use must occur on private property. Public use is prohibited.
Note: Cannabis laws in the ACT conflict with federal legislation, which technically still prohibits possession. However, federal authorities rarely enforce this in personal use cases.


🐨 New South Wales (NSW)
Status: Illegal, but some diversion programs exist

Cannabis is illegal in NSW, though small quantities can be treated with discretion.

  • Possession of up to 15 grams may result in a Cannabis Caution, rather than prosecution.
  • The caution system can be applied twice per individual, with the requirement to undergo education or counselling.
  • Cultivation, supply, and trafficking are criminal offences.
Medicinal cannabis is legal with a prescription under the national scheme.

🐊 Queensland

Status: Illegal (Decriminalised for minor possession)
Queensland has recently moved toward decriminalisation for minor cannabis offences.

  • As of early 2024, adults found with small amounts (up to 50g) may be diverted to health assessments or education programs.
  • Multiple diversions are allowed before criminal charges are considered.
  • Cultivation and supply remain serious criminal offences.
Medicinal cannabis is available by prescription.

🐑 Victoria
Status: Illegal (Diversion available)

Victoria maintains prohibition but offers a diversion program for first-time or low-risk offenders.

  • Possession of small quantities (typically <50g) may result in a warning or referral to a drug education program.
  • Cannabis cultivation and distribution are criminal offences.
In 2024, a parliamentary inquiry recommended legalising personal use, but no legislative changes have yet been enacted.

🦘 Western Australia (WA)
Status: Illegal, with strict penalties

WA reversed earlier decriminalisation efforts and now enforces harsh penalties for cannabis possession.

  • Possession of 10 grams or more can lead to criminal charges.
  • A Cannabis Intervention Requirement (CIR) may be issued for possession under 10 grams, requiring attendance at a cannabis education session.
  • Cultivation and supply attract significant fines and potential prison time.

🐚 South Australia (SA)
Status: Decriminalised for minor possession

SA has one of the more lenient frameworks.

  • Possession of up to 100 grams, smoking equipment, or one non-hydroponic plant may result in a fine rather than a criminal charge.
  • Offenders receive an expiation notice, similar to a traffic ticket.
  • Cultivation of multiple plants or large-scale supply remains illegal.

🧊 Tasmania

Status: Illegal, but diversion available
Tasmania follows a more conservative approach.

  • Possession is illegal, but first-time offenders may receive a caution rather than be prosecuted.
  • Up to three cautions can be issued, provided the individual consents to drug counselling.
  • Cultivation and supply are criminal offences.

🏔️ Northern Territory (NT)
Status: Decriminalised for small quantities

NT decriminalised cannabis in the 1990s, allowing for fines in place of criminal charges.

  • Adults can possess up to 50 grams, one non-hydroponic plant, or 10 grams of resin without criminal penalty.
  • These minor offences carry on-the-spot fines.
  • Cultivation of more than one plant or sale of cannabis is still illegal and prosecuted criminally.


Final Thoughts

Australia’s cannabis laws are evolving slowly, with growing public support for legalisation or at least decriminalisation. The ACT leads the way in treating cannabis use as a public health matter rather than a criminal one, while other states still rely heavily on law enforcement. If you’re travelling or moving within Australia, it’s vital to be aware of these regional differences to avoid legal trouble.

For those seeking medicinal cannabis, access is legal Australia-wide through a doctor and the Therapeutic Goods Administration (TGA), but availability and prescriptions vary by location and practitioner.

Disclaimer: This blog is for informational purposes only and should not be considered legal advice. Always check local laws or consult a legal professional if you’re unsure.

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