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Legal Guide

Cannabis Laws in Queensland 2026

Everything you need to know about weed legality in QLD

By Mullaways Medical Team Updated January 2026 10 min read

⚖️ Quick Summary: Queensland Cannabis Laws 2026

  • Recreational cannabis: Illegal
  • Medical cannabis: Legal with TGA approval and prescription
  • Possession penalty: Up to 15 years imprisonment for serious offences
  • Diversion programs: Available for minor first offences

Queensland has some of the strictest cannabis laws in Australia. Unlike the ACT, which has decriminalised personal cannabis use, QLD maintains full prohibition for recreational cannabis. Understanding these laws is essential for anyone living in or visiting the Sunshine State.

This guide covers everything from possession penalties to how you can legally access medical cannabis in Queensland.

Current Cannabis Laws in Queensland

In Queensland, cannabis is classified as a "dangerous drug" under the Drugs Misuse Act 1986. This legislation governs all cannabis-related offences, from simple possession to large-scale trafficking.

The Act categorises drugs into schedules based on perceived harm. Cannabis falls under Schedule 2, which carries significant penalties for various offences.

Key Points About QLD Cannabis Laws:

  • No personal use exemption – unlike the ACT, there's no allowance for personal cannabis use
  • No home cultivation allowed – growing even one plant is a criminal offence
  • Medical cannabis is legal – with proper TGA approval and prescription
  • ⚠️ Police diversion available – for minor first offences, but not guaranteed

Cannabis Possession Penalties in QLD

Amount Classification Maximum Penalty
Under 50g Simple Possession 15 years imprisonment (but typically fine or diversion)
50g - 500g Possession 15 years imprisonment
500g+ Deemed Supply 20-25 years imprisonment

⚠️ Important: "Deemed Supply" Rule

In Queensland, possession of over 500g of cannabis is automatically treated as supply (trafficking), even if you claim it's for personal use. This means significantly harsher penalties without needing proof of intent to sell.

Growing Cannabis in Queensland

Unlike the ACT where you can grow up to 2 plants at home, cultivating cannabis is illegal in Queensland regardless of the number of plants or claimed purpose.

Number of Plants Classification Maximum Penalty
1-20 plants Producing Dangerous Drug 20 years imprisonment
21-100 plants Commercial Production 20-25 years imprisonment
100+ plants Commercial Production (aggravated) 25 years imprisonment

Supply & Trafficking Penalties

Supplying or trafficking cannabis in Queensland carries severe penalties. The law treats anyone found selling, distributing, or even sharing cannabis very seriously.

Supply Offences

  • Supplying cannabis: Up to 20 years
  • Supplying to minors: Up to 25 years
  • Supplying in schools: Up to 25 years

Trafficking Offences

  • Trafficking (any amount): Up to 20 years
  • Major trafficking: Up to 25 years
  • Aggravated offences: Up to life imprisonment

Police Diversion Programs

Queensland does offer a drug diversion program for minor cannabis offences. Instead of criminal charges, eligible offenders may be offered the chance to attend a drug assessment and education session.

Eligibility for Diversion:

  • ✓ First or second minor drug offence
  • ✓ Possession of 50g or less of cannabis
  • ✓ No associated violence or other serious offences
  • ✓ Admission of the offence
  • ✓ Consent to participate in the program

Note: Diversion is Not Guaranteed

Police have discretion over whether to offer diversion. They may choose to proceed with charges even for minor offences, particularly if aggravating factors exist or if you've previously received a diversion.

Medical Cannabis in Queensland

While recreational cannabis remains illegal, medical cannabis is legal in Queensland when accessed through proper channels. Queensland residents can access medical cannabis with a valid prescription.

How to Access Medical Cannabis in QLD:

  1. Consult a doctor: Discuss your condition with a GP or specialist
  2. Medical assessment: Your doctor assesses if cannabis is appropriate
  3. TGA approval: Doctor applies through Special Access Scheme or Authorised Prescriber pathway
  4. Prescription issued: Once approved, you receive a legal prescription
  5. Pharmacy dispensing: Collect your medicine from an authorized pharmacy

Qualifying Conditions May Include:

  • • Chronic pain
  • • Cancer-related symptoms
  • • Multiple sclerosis
  • • Epilepsy
  • • PTSD
  • • Anxiety disorders
  • • Insomnia
  • • Inflammatory conditions

Important Rules for Patients:

  • • Keep prescription with your medicine
  • • Don't share your medication
  • • Store products securely
  • • Don't drive while impaired
  • • Renew prescription as required
  • • Only use as prescribed

Drug Driving Laws in Queensland

Queensland has zero-tolerance drug driving laws. It's illegal to drive with any detectable amount of THC in your system, regardless of whether you're impaired or using legally prescribed medical cannabis.

Drug Driving Penalties in QLD:

Offence Maximum Fine Licence Suspension
First offence $4,058 1-9 months
Second offence $6,086 3-12 months
Third+ offence $12,172 6 months+

⚠️ Medical Cannabis Patients Warning

Even if you have a valid prescription for medical cannabis, you can still be charged with drug driving if THC is detected in your system. There is currently no exemption for medical users. THC can be detected days after use, even when no longer impaired.

The Future of Cannabis Laws in Queensland

As of 2026, there are no imminent plans to legalise recreational cannabis in Queensland. The state government has remained conservative on cannabis reform compared to jurisdictions like the ACT.

However, advocacy groups continue to push for reform, and the growing success of medical cannabis programs may influence future policy discussions.

What Could Change?

  • 📋 Expanded diversion programs: More focus on treatment over punishment
  • 🚗 Drug driving reform: Impairment-based testing for medical patients
  • 💊 Easier medical access: Streamlined prescription pathways
  • 🌿 Decriminalisation: Following ACT's example (unlikely in near future)

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Frequently Asked Questions

Is weed legal in Queensland?
Recreational cannabis is illegal in Queensland. However, medical cannabis is legal with a valid prescription obtained through proper TGA-approved channels.
What happens if I get caught with weed in QLD?
For small amounts (under 50g) with no prior offences, you may be offered diversion to an education program. Otherwise, you could face fines or imprisonment. Larger amounts can result in serious criminal charges with penalties up to 15-25 years.
Can I grow my own cannabis in Queensland?
No. Unlike the ACT, there is no allowance for home cultivation in Queensland. Growing even one plant is a criminal offence with penalties up to 20 years imprisonment.
Can I drive if I'm a medical cannabis patient?
While you can legally possess and use prescribed cannabis, you cannot drive with any detectable THC in your system. There's currently no exemption for medical patients in Queensland's drug driving laws.

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