Quick Answer: Recreational cannabis remains illegal in most of Australia in 2026. However, medical cannabis is legal with a prescription, and the ACT has decriminalized personal use. The laws vary significantly between states and territories.
Cannabis Law Overview in Australia
The question "is weed legal in Australia?" doesn't have a simple yes or no answer. Cannabis laws in Australia are complex, varying between federal and state/territory legislation.
At the federal level, cannabis is classified as a Schedule 9 prohibited substance under the Poisons Standard. However, medical cannabis products are classified as Schedule 8 (controlled drugs) or Schedule 4 (prescription medicines), making them legal with a valid prescription.
Key Points About Australian Weed Laws:
- Recreational use is illegal in all states except ACT (decriminalized)
- Medical cannabis has been legal nationwide since 2016
- Personal cultivation is only legal in ACT (up to 2 plants)
- CBD oil with less than 0.3% THC is available over-the-counter
- Hemp foods containing no THC are legal to buy and consume
State-by-State Cannabis Laws
🦘 Australian Capital Territory (ACT)
The ACT has the most relaxed cannabis laws in Australia. Since January 2020:
- Adults can possess up to 50g of dried cannabis
- Personal cultivation of up to 2 plants per person (4 per household)
- Use is restricted to private residences
- Sharing and selling remain illegal
🏖️ New South Wales (NSW)
Cannabis possession in NSW is illegal. Penalties include:
- Possession of up to 15g may result in a caution or fine
- Cannabis Cautioning Scheme available for minor offences
- Larger amounts can result in criminal conviction
- Trafficking carries severe penalties
☀️ Queensland (QLD)
Is weed legal in QLD? No. Queensland has strict cannabis laws:
- Possession of any amount is a criminal offence
- Drug Diversion Program available for first-time offenders
- Maximum penalty of 15 years for trafficking
- No decriminalization on the horizon
🍇 Victoria (VIC)
Cannabis remains illegal in Victoria:
- Small amounts may receive a caution
- Cannabis Cautioning Program for minor possession
- Drug Court available for some offenders
- Progressive medical cannabis policies
🌊 South Australia (SA)
SA has a Cannabis Expiation Notice system:
- Minor cannabis offences may result in an expiation notice (fine)
- Up to 100g or one plant for personal use may be expiated
- Not a criminal conviction if expiation is paid
- More serious offences go to court
⛏️ Western Australia (WA)
Cannabis possession in WA:
- Cannabis Intervention Requirement for minor possession
- Possession of up to 10g may avoid conviction
- Two plants or less for personal use may be cautioned
- Repeat offenders face harsher penalties
🏝️ Northern Territory (NT)
The NT has a tiered approach:
- Possession of up to 50g results in an infringement notice
- Up to 2 plants for personal use
- Not a criminal conviction if fine is paid
- Larger amounts result in prosecution
🍎 Tasmania (TAS)
Tasmania maintains strict cannabis laws:
- All cannabis possession is illegal
- No formal diversion scheme
- Police discretion for minor offences
- Focus on treatment over prosecution for users
Medical Cannabis in Australia
Medical cannabis has been legal in Australia since 2016. Access has expanded significantly, with over 500,000 prescriptions written as of 2025. The Therapeutic Goods Administration (TGA) regulates all medicinal cannabis products in Australia.
How to Access Medical Cannabis Legally:
- Consult a Doctor: See a GP or cannabis specialist about your condition
- Obtain a Prescription: If suitable, receive a TGA-approved prescription
- Fill at Pharmacy: Collect your medication from an authorized pharmacy
Conditions Commonly Treated:
- Chronic pain
- Multiple sclerosis
- Epilepsy
- Chemotherapy-induced nausea
- Anxiety and PTSD
- Insomnia
- Palliative care
For more health information about cannabis, visit Health Direct Australia.
💡 Did You Know?
Australia is one of the world's largest exporters of medical cannabis, with a licensed cultivation industry worth over $1 billion.
Penalties for Cannabis Possession in Australia
Penalties vary significantly by state and quantity:
| State | Minor Possession | Larger Quantities | Trafficking |
|---|---|---|---|
| NSW | Caution / $400 fine | Up to 2 years | Up to 20 years |
| VIC | Caution / Fine | Up to 1 year | Up to 25 years |
| QLD | Up to 15 years | Up to 15 years | Up to 25 years |
| SA | $150-$250 expiation | Up to 2 years | Up to 25 years |
| WA | Intervention | Up to 2 years | Up to 25 years |
| ACT | Legal (personal use) | Up to 2 years | Up to 10 years |
The Future of Cannabis in Australia
Public support for cannabis legalization continues to grow. Recent polls show:
- Over 60% of Australians support decriminalization
- 45% support full legalization
- Medical cannabis support exceeds 80%
Several developments suggest change may be coming:
- The Greens have introduced federal legalization bills
- Victoria and other states are reviewing their drug policies
- The ACT's decriminalization has not led to increased harms
- International trends toward legalization continue
⚠️ Important Disclaimer
This information is for educational purposes only and should not be considered legal advice. Laws change frequently, and individual circumstances vary. Always consult a legal professional for advice specific to your situation.
Summary: Is Weed Legal in Australia?
In summary, recreational cannabis is not legal in Australia except for personal use in the ACT. However, medical cannabis is legal nationwide with a prescription. Laws vary by state, with some offering diversion programs for minor offences while others maintain strict prohibition.
The landscape is evolving, and staying informed about your state's specific laws is essential. For those seeking legal cannabis products, medical access provides a lawful pathway to quality-controlled cannabis medicines.