Cannabis Laws in Australia

Cannabis Laws in Australia

Your complete guide to cannabis legislation, possession rules, medical access, and what visitors need to know before travelling to Australia.

Legal Status: Australia's Complex Cannabis Landscape

Australia operates under a dual-layer legal system — federal law and state/territory law — which creates a patchwork of cannabis regulations that can be confusing for both residents and visitors. At the federal level, cannabis is classified as a Schedule 8 (controlled drug) substance under the Therapeutic Goods Act 1989 and the Criminal Code Act 1995, making recreational use, possession, and trafficking illegal nationwide.

However, the Australian Capital Territory (ACT) — home to the national capital, Canberra — made history in January 2020 by becoming the first Australian jurisdiction to legalise personal cannabis use for adults. Under the Drugs of Dependence (Personal Cannabis Use) Amendment Act 2019, ACT adults aged 18 and over may possess up to 50 grams of dried cannabis, grow up to two plants at home, and consume cannabis privately without facing criminal prosecution. Critically, this is a territory law — it exists in tension with federal law, and police in the ACT have effectively adopted a non-enforcement approach to personal use.

On the medical front, Australia has operated a legal medical cannabis program since November 2016, when federal legislation was amended to permit the cultivation, production, and supply of medicinal cannabis products under strict TGA regulation. Since then, the Australian medical cannabis industry has expanded rapidly, with hundreds of licensed producers and tens of thousands of approved patient prescriptions issued annually. Australia now exports legal medicinal cannabis to markets across Europe and Asia, positioning itself as a major player in the global industry.

Other states and territories — New South Wales, Victoria, Queensland, South Australia, Western Australia, Tasmania, and the Northern Territory — each maintain their own laws. Most have moved toward diversion schemes, cautioning programs, or civil penalties for minor possession, but criminal prosecution remains legally possible in all of them. South Australia has a long-standing Cannabis Expiation Notice (CEN) scheme for small quantities, while New South Wales expanded its cannabis cautioning scheme in 2021. Queensland remains among the stricter jurisdictions, where even small amounts can trigger prosecution.

"Australia's cannabis legal landscape is genuinely unique — a patchwork where the nation's capital has moved closer to full legalisation than any other jurisdiction, yet federal law still classifies the plant as a controlled substance. Understanding these layers is essential for anyone navigating cannabis in Australia."

Possession, Cultivation & Penalties

Penalties for cannabis offences in Australia vary dramatically depending on the state or territory, the quantity involved, and whether the offence is prosecuted under state or federal law. The table below outlines the general framework across key categories and jurisdictions. Always consult current local regulations, as laws change frequently. For comparison with other nations, see our global cannabis laws directory.

Note: Laws are subject to change. This table reflects general guidelines as of and should not be taken as legal advice. Consult a qualified Australian solicitor for advice specific to your situation.

For Tourists: What Visitors Need to Know

International tourists visiting Australia must understand that the country does not have a legal, tourist-accessible recreational cannabis market — even in the ACT. While Canberra's laws allow residents and visitors within the territory to possess small amounts without criminal penalty, there is no legal way to purchase cannabis in Australia. The black market remains the only practical source, which carries significant legal and personal safety risks.

For tourists planning to visit the ACT specifically, here is what applies under territory law:

• Adults 18+ may possess up to 50 grams of dried flower or 150 grams of fresh cannabis
• Consumption must occur in private — smoking in public places, vehicles, or near schools is prohibited and can attract fines
• Home growing of up to 2 plants is permitted but only at a private residence — tourists in hotels cannot lawfully grow plants
• Cannabis cannot be shared with or supplied to another person, even for free, without risking supply charges
• Bringing cannabis from another state into the ACT, or taking it out, is a federal offence

Tourists visiting any other Australian state or territory should be aware that possession is technically a criminal offence. While cautioning and diversion schemes mean many first-time offenders avoid conviction, the risk of a criminal record — which could affect future travel and visa applications — is real. US citizens, for example, may find that an Australian drug conviction complicates re-entry or future visa applications. Learn more in our cannabis travel guide and our drug testing explainer.

Airport and border security in Australia is strict. Sniffer dogs are routinely deployed at international and domestic airports, and the Australian Border Force takes drug importation extremely seriously. Attempting to bring cannabis into Australia from overseas — including from New Zealand or any other country — is a serious federal offence carrying potential imprisonment.

Medical Cannabis in Australia

Australia's medical cannabis program is one of the most developed in the Asia-Pacific region. Since federal legalisation in 2016, the Therapeutic Goods Administration (TGA) has overseen a rapidly expanding framework that now allows tens of thousands of Australians to access cannabis-based medicines legally through their doctors. For more information on how medical cannabis programs compare globally, visit our medical cannabis guide.

Access is primarily provided through two pathways:

• Special Access Scheme Category B (SAS-B): Physicians apply to the TGA to access unapproved therapeutic goods for individual patients. This is the most common pathway and covers the majority of medical cannabis prescriptions in Australia.
• Authorised Prescriber (AP): A medical specialist can be authorised to prescribe cannabis products to a class of patients with a specific condition without applying for individual TGA approval each time.

Conditions for which medical cannabis is commonly prescribed in Australia include:

• Chronic non-cancer pain
• Epilepsy and seizure disorders (including paediatric use)
• Multiple sclerosis-related spasticity
• Chemotherapy-induced nausea and vomiting
• Anxiety and PTSD (increasingly recognised)
• Palliative care and end-of-life conditions
• Sleep disorders

Australian medical cannabis products include oils, capsules, tinctures, and flower (for vaporisation). Products must meet strict quality standards. The cost of medical cannabis in Australia remains high — a significant barrier for many patients — though prices have fallen as the domestic industry has matured. International visitors with valid foreign medical cannabis prescriptions should be aware that Australian border authorities do not recognise overseas prescriptions for the purposes of importation.

Cannabis Culture in Australia

Australia has a long history of cannabis use, with surveys consistently showing it as the most widely used illicit drug in the country. The 2022–2023 National Drug Strategy Household Survey found that approximately 11% of Australians aged 14 and over had used cannabis in the past 12 months, making it among the highest usage rates in the developed world…