Is weed legal in Australia?

Not for recreational use. There is no legal market anywhere in Australia, and possession is still a Commonwealth offence. The ACT allows adults to possess small amounts and grow two plants under territory law. Other states and the NT offer cautions, diversion or fines for small amounts, at police discretion.

How much cannabis can you have in the ACT?

Adults 18 and over can have up to 50 grams of dried cannabis or 150 grams of fresh cannabis. Each adult can grow two plants, with a maximum of four per household. Plants cannot be grown hydroponically or where the public can access them, and cannabis cannot be sold or gifted.

Is cannabis decriminalised in South Australia?

Partly. Simple cannabis offences, such as possessing up to 100 grams of cannabis, 20 grams of resin or one non-hydroponic plant, can be dealt with by an expiation notice. Paying the fine resolves the matter without court. Larger amounts, supply and hydroponic growing are criminal offences.

What is a cannabis caution in NSW?

Under the Cannabis Cautioning Scheme, NSW Police can caution adults found with up to 30 grams of dried cannabis for personal use instead of charging them. A person can receive a maximum of two cautions. Eligibility rules apply, and police can still choose to charge.

Can I grow my own medicinal cannabis?

No. The Narcotic Drugs Act 1967 allows cultivation only under Commonwealth licences, and it does not support growing medicinal cannabis for personal use, even for patients. The ACT's home-grow rules are for adult personal use under territory law and are not a medical pathway.

Is medicinal cannabis legal in every state?

Yes. Medicinal cannabis is legal in every state and territory when prescribed by an authorised prescriber, such as a doctor, with the required approvals and dispensed by a pharmacy. The prescription must be in your name. Driving laws still restrict driving with THC in most jurisdictions.

Has any state legalised cannabis since 2020?

No. The ACT's 2020 law remains the only one allowing adult possession and home growing. Legalisation bills in federal parliament, Victoria and Western Australia have not passed, and the NSW Government did not adopt a 2025 committee recommendation to decriminalise small amounts.

Is Cannabis Legal in Australia? Legalisation Status by State and Territory (2026)

By Medicated TV · by the patient, for the patients · Reviewed 28 September 2026

Quick answerThere is no legal recreational cannabis market in Australia, and possession remains a federal offence. Since 31 January 2020 the Australian Capital Territory has let adults hold up to 50 grams and grow two plants. Other jurisdictions use cautions, diversion or fines for small amounts. Medicinal cannabis requires a prescription.

Ask ten people whether cannabis is legal in Australia and you may get ten answers. That is because three layers of law apply at once: federal law, state and territory law, and a separate medical system. This guide explains each layer as at 28 September 2026.

From the patient side (Medicated TV founder Irish Wick, who describes himself as Australia's first legal medicinal cannabis flower patient, sat in on State Health patient advisory boards), the line between "medicinal" and "recreational" is where most confusion starts, so we cover both.

Is cannabis legal in Australia in 2026?

Not for recreational use. No state or territory allows legal sale, and possession is still an offence under Commonwealth law. The Australian Capital Territory (ACT) allows limited personal possession and home growing for adults. Elsewhere, small amounts can be dealt with by a caution, diversion or fine.

Two terms often get mixed up:

Legalisation means the law allows something, usually with limits. The ACT is the only Australian example for adult personal use.
Decriminalisation means it is still against the law, but small amounts are handled with a caution, diversion program or fine instead of a criminal charge. Police usually keep the discretion to charge instead.

What does the ACT's cannabis law allow?

Since 31 January 2020, adults 18 and over in the ACT can possess up to 50 grams of dried cannabis (150 grams fresh) and grow up to two plants each, capped at four per household. Selling, sharing, public use and hydroponic or artificial growing remain illegal.

The change came from the Drugs of Dependence (Personal Cannabis Use) Amendment Act 2019. ACT Policing lists what is still not allowed:

using cannabis in a public place;
exposing children to cannabis smoke, or storing cannabis where children can reach it;
growing plants hydroponically or artificially, or where the public can access them;
selling, sharing or gifting cannabis;
any possession or use by people under 18; and
driving with cannabis in your system.

There is no legal way to buy cannabis or seeds in the ACT. Separately, since 28 October 2023 the ACT has dealt with small amounts of some other illicit drugs through a fine or a health diversion session instead of a criminal charge. That is decriminalisation, not legalisation.

Does federal law still apply in the ACT?

Yes. Possessing a controlled drug, including cannabis, is still an offence under section 308.1 of the Commonwealth Criminal Code. The Code has a defence for conduct justified or excused by state or territory law, but experts have questioned whether the ACT law is worded to trigger it.

In practice, the Commonwealth focuses on importing and trafficking. Personal possession cases are handled almost entirely under state and territory law, and federal prosecutions for simple possession are rare. Federal law also controls the border: cannabis is a prohibited import unless permission is granted under regulations administered by the Office of Drug Control (ODC).

What happens if you are caught with a small amount?

It depends on the state, the amount and your history. NSW, Victoria, Queensland, Western Australia and Tasmania mainly use police cautions or diversion to health services. South Australia and the Northern Territory use fines that end the matter if paid. Police generally keep discretion to charge.

New South Wales: under the Cannabis Cautioning Scheme, adults with up to 30 grams of dried cannabis for personal use can receive a caution, to a maximum of two (NSW Police guidelines, May 2025). The Early Drug Diversion Initiative, which began on 29 February 2024, covers small amounts of other drugs, not cannabis.
Victoria: Victoria Police can caution adults found with small amounts (up to 50 grams) instead of charging them, often linked to drug education or counselling.
Queensland: the Police Drug Diversion Program expanded beyond cannabis on 3 May 2024. In April 2026, Parliament passed laws replacing it with a framework that gives eligible first-time offenders, including people with small amounts of cannabis, a single diversion, with fines or charges for repeat offending.
South Australia: simple cannabis offences, such as possessing up to 100 grams of cannabis, 20 grams of resin or one non-hydroponic plant, can be dealt with by an expiation notice (a fine). Paying it resolves the matter without going to court.
Western Australia: the Cannabis Intervention Requirement covers up to 10 grams. Adults get one chance to complete a Cannabis Intervention Session within 28 days to avoid prosecution.
Tasmania: police diversion offers escalating cautions and health referrals, up to three times in ten years.
Northern Territory: adults with small amounts, such as up to 50 grams of plant material, or two or fewer plants, can be given an infringement notice. If it is paid, no conviction is recorded.

How does cannabis law compare by state and territory?

Only the ACT lets adults possess and grow small amounts without breaking territory law, and even there it remains a federal offence. Every other jurisdiction still makes possession an offence but offers a non-criminal pathway for small amounts. Nowhere in Australia has a legal recreational market.

State or territory	Recreational status	Small-amount response	Home growing
New South Wales	Illegal	Caution for up to 30 g dried (maximum two)	Illegal
Victoria	Illegal	Police caution for up to 50 g	Illegal
Queensland	Illegal	Police diversion; single-diversion model passed April 2026	Illegal
South Australia	Illegal, with civil fines for small amounts	Expiation notice: up to 100 g, 20 g resin or one plant	One non-hydroponic plant is expiable; more is a crime
Western Australia	Illegal	Cannabis Intervention Requirement for up to 10 g	Illegal
Tasmania	Illegal	Police diversion, up to three times in ten years	Illegal
Australian Capital Territory	Legal under ACT law for adults within limits; still a federal offence	No territory penalty up to 50 g dried or 150 g fresh	Two plants per adult, four per household, no hydroponics
Northern Territory	Illegal, with civil fines for small amounts	Infringement notice for small amounts	Two or fewer plants can attract an infringement notice
Medicinal (all states)	Legal with a valid prescription	Not applicable	Not allowed

What recent bills and inquiries have there been?

Several reform attempts have failed. The Senate voted down a national legalisation bill on 27 November 2024. Victorian and Western Australian bills have not passed, and the NSW Government did not adopt a 2025 committee's call to decriminalise. Queensland tightened diversion in 2026.

Federal: the Greens' Legalising Cannabis Bill 2023 would have created a national regulated market. A Senate committee recommended in May 2024 that it not pass, and the Senate rejected it 13 votes to 24 on 27 November 2024.
Victoria: a Legalise Cannabis private member's bill for adult personal use was debated in December 2023 without government support and has not passed.
New South Wales: a Legislative Council committee's final report (20 June 2025) recommended a staged path: removing jail for small amounts, then decriminalisation, then a regulated market. The Government's response on 23 September 2025 did not accept those recommendations.
Western Australia: Legalise Cannabis upper house MP Dr Brian Walker introduced the Misuse of Drugs (Lawful Personal Use of Cannabis) Amendment Bill 2026 on 19 March 2026. It had not passed at the time of writing.
Queensland: laws passed in April 2026 replace the three-step diversion program with a single diversion opportunity.

What is the difference between medicinal and recreational cannabis?

Medicinal cannabis is a prescription medicine. A doctor (or, in some states, a nurse practitioner) prescribes it, usually with Therapeutic Goods Administration (TGA) approval, and a pharmacy dispenses it. Possessing your own prescribed medicine is lawful in every state, but growing your own medicine is not allowed.

In 2016, the Narcotic Drugs Act 1967 was amended to allow licensed cultivation for medicinal and scientific purposes. It does not support growing for personal use, even by patients.
Most products are "unapproved", meaning they are not on the Australian Register of Therapeutic Goods (ARTG). Prescribers access them through the Special Access Scheme (SAS) or as an Authorised Prescriber (AP).
Most products are not subsidised under the Pharmaceutical Benefits Scheme (PBS), so patients usually pay the full cost.
Advertising medicinal cannabis to the public is prohibited.
Low-THC (tetrahydrocannabinol) hemp seed foods have been legal to sell since 2017. They are food, not medicine, and are separate from cannabidiol (CBD) medicines.

How can patients carry medicinal cannabis lawfully?

Carry only your own prescribed medicine, in its original pharmacy-labelled packaging, and keep your prescription details handy. Do not share it, sell it or use it in ways your doctor has not prescribed. When travelling interstate or overseas, check the destination's rules before you go.

Keep the medicine in its pharmacy packaging, with your name on the label.
Carry a copy of your prescription or a letter from your prescriber.
Take only the amount you need for your trip.
Check the drug-driving rules before you drive, especially interstate.
For overseas travel, check the rules of your destination country and airline before you pack.

What mistakes do people make about cannabis laws?

Treating "decriminalised" as "legal". A caution or fine still means you broke the law, and police can charge instead.
Assuming ACT rules travel. Take ACT-grown cannabis across the border and you are under NSW law.
Sharing prescribed medicine. Giving it to someone else can be supply, even between friends.
Ordering from overseas websites. Cannabis is a prohibited import without Commonwealth permission, whatever the seller claims.
Forgetting driving laws. Lawful possession does not make it legal to drive with THC in most states.

This guide is general information only, not legal or medical advice. For your situation, talk to a lawyer or police about the law, and to your doctor or pharmacist about medicinal cannabis.

Sources

General information only, not medical or legal advice. Medicinal cannabis is a prescription medicine in Australia — talk to your doctor or pharmacist about your own situation.