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Australia's drug laws are complex, with some laws being federal and others state or territory-based. Cannabis is the most commonly used illicit drug in Australia, and its usage is higher among Indigenous Australians. While it is illegal to use, possess, cultivate, sell, or give away cannabis in most states and territories, there are some variations in penalties and certain jurisdictions have made changes to their laws. For instance, in the Australian Capital Territory (ACT), limited amounts of cannabis may be legally grown and used.
| Characteristics | Values |
|---|---|
| Public opinion on legalisation of cannabis | 45% support, 37% opposed, 22% undecided (as of 2022-2023) |
| Public opinion on criminal offence for possession | 80% disagree it should be a criminal offence (as of 2022-2023) |
| Cannabis usage in Australia | 10.6% in 2018, higher than the global average |
| Cannabis usage among Indigenous Australians | 20-70%, varying by region |
| Cannabis usage among non-Indigenous Australians | 14% charged, 52% warned |
| Cannabis usage among Indigenous Australians | 82% charged |
| Medicinal cannabis | Legal, can be prescribed by a doctor |
| Cannabis possession laws | Vary by state, some allow small amounts for personal use |
| Cannabis as a drug of dependence | Illegal to use, possess, cultivate or traffic |
| Cannabis possession charges | Police must prove possession and use |
| Cannabis possession penalties | Fines, imprisonment, rehabilitation orders, driving disqualification |
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What You'll Learn
- Cannabis is the most commonly used illicit drug in Australia
- Medicinal cannabis is legal and can be prescribed by doctors
- Penalties for possessing, using, making, selling, or driving under the influence of cannabis
- Public opinion on the legalisation of cannabis is shifting
- Cannabis usage is higher among Indigenous Australians
Cannabis is the most commonly used illicit drug in Australia
According to the 2016 National Drug Strategy Household Survey (NDSHS), 35% of Australians aged 14 and over (or approximately 8.9 million people) had used cannabis at some point in their lifetime, and 10.4% (or 2.1 million) had used it in the previous 12 months. The 2019 NDSHS reported that 41% of Australians supported the legalisation of cannabis, 37% were opposed, and 22% were undecided. In the 2022–2023 NDSHS, support for legalisation rose to 45%. The majority of Australians aged 14 and over do not support criminal penalties for possession of cannabis.
In 2022–2023, 11.5% of Australians had recently used cannabis, with almost one in four people aged 20–29 (23%) having used it in the previous 12 months. Cannabis use is higher among Indigenous Australians, especially Indigenous men, than non-Indigenous Australians, with between 20% and 70% of Indigenous people having used the drug in the past 12 months depending on the region. In 2012, the United Nations World Drug Report indicated that Australia had one of the highest global prevalence rates of cannabis use.
Medicinal cannabis, prescribed by a doctor to relieve the symptoms of a medical condition, is legal in Australia. It is different from the cannabis bought on the street or through illegal means.
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Medicinal cannabis is legal and can be prescribed by doctors
In Australia, cannabis is the most commonly used illicit drug. It is illegal to use, possess, grow or sell in most states and territories, except in the Australian Capital Territory (ACT). However, in recent years, there has been a shift in public perception, with an increasing number of Australians supporting the legalisation of cannabis.
Medicinal cannabis, on the other hand, is legal in Australia and can be prescribed by doctors to patients with specific medical conditions. It is a regulated, high-quality medicine intended for therapeutic use. Doctors can prescribe medicinal cannabis products with approval from the Therapeutic Goods Administration (TGA) and the relevant State or Territory's Health Department. The TGA's Special Access Scheme-B and Authorised Prescriber Scheme are two pathways that enable doctors to prescribe unregistered medicines.
Medicinal cannabis is not considered a first-line treatment option. It is typically used when other medications have proven ineffective in treating a patient's condition. It is used to manage symptoms of various health issues, including chronic pain, cancer symptoms, and epilepsy. The cost of medicinal cannabis products can vary significantly, ranging from $50 to $1000 per patient per week, depending on the condition, product, and prescribed dose.
It is important to note that medicinal cannabis is different from cannabis obtained through illegal means. The former undergoes safety and quality testing, ensuring consistent active ingredients and effectiveness. Patients can only legally access medicinal cannabis through their doctor, and it is not subsidised by the Commonwealth Government through the Pharmaceutical Benefits Scheme (PBS).
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Penalties for possessing, using, making, selling, or driving under the influence of cannabis
Drug laws in Australia are complex, with some laws being federal and others state or territory-based. While the use of cannabis may be decriminalised in some parts of Australia, it is important to note that decriminalisation is not the same as legalisation. Possession and use of cannabis may be decriminalised, but it is still illegal to make or sell it.
Possession and use
In South Australia, possession of small quantities of cannabis (10 grams or less) is decriminalised. If caught, an individual will receive a Cannabis Intervention Requirement notice to attend a mandatory one-on-one counselling session. Possession of larger quantities (more than 10 grams) can attract a penalty of up to $2,000 or two years in jail, or both. Possession and use of cannabis is a criminal offence, but those caught with a small amount are unlikely to be convicted.
Growing and selling
Penalties for growing cannabis have become harsher due to the advent of widespread large-scale cultivation. Growing 50 to 199 hydroponic plants can result in a maximum 15-year prison sentence and/or a $385,000 fine. A crop of 200 or more plants is considered a large commercial quantity, attracting the maximum penalty of 20 years in jail and/or a $550,000 fine. Supplying cannabis includes selling, giving away, agreeing to supply, or even sharing with friends. The more you supply, the more severe the penalties become.
Driving under the influence
In Australia, it is against the law to drive with any illegal drug in your system. Penalties can include heavy fines, licence suspension, licence disqualification, and imprisonment. Police can charge individuals with a drug-driving offence if a roadside drug test detects illegal drugs in their system. Drug-driving offences also include driving under the influence of prescription drugs or alcohol, with harsher penalties for combined drink and drug driving offences.
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Public opinion on the legalisation of cannabis is shifting
Public opinion in Australia has shifted in favour of cannabis legalisation over the last decade. According to the National Drug Strategy Household Survey (NDSHS) in 2019, 41% of Australians supported the legalisation of cannabis, 37% were opposed, and 22% were undecided. In the 2022–2023 NDSHS, support rose to 45%. Additionally, the majority of Australians aged 14 and over do not support criminal penalties for cannabis possession, with 80% opposing such measures in 2022–2023, up from 66% in 2010.
Support for legalisation varies across different demographics in Australia. Younger adults are leading the push for change, with support among 25–34-year-olds surging from 34% in 2015 to 58% in 2025. Middle-aged groups are also increasingly supportive, with 51% of 35–49-year-olds now in favour. While support among older Australians has risen slightly, they remain the most opposed, with 54% of those aged 65 and over against legalisation. Regionally, the Northern Territory (NT) has the highest support at 57%, followed by the Australian Capital Territory (ACT) at 56%, which decriminalised personal possession and cultivation on 31 January 2020.
The shift in public opinion has influenced political discussions and legislative efforts. In May 2019, the Victorian legislative council instructed the Legal and Social Issues Committee to examine access to and use of cannabis in the state. In November 2019, the Cannabis Industry Bill was introduced in New South Wales to legalise and regulate cannabis and cannabis products. The Greens have also introduced the Legalising Cannabis Bill to federal parliament, arguing that legalisation would reduce criminal activity, generate public revenue, and allow for better regulation and safety measures.
While there is growing support for legalisation, some Australians have expressed concerns about public consumption and the potential impact on others. Additionally, there is ongoing debate about the implications for road safety, with current laws prohibiting driving with THC in one's system. Overall, the shift in public opinion reflects a changing perception of cannabis use in Australia, with increasing support for reform and a recognition of the potential benefits of legalisation.
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Cannabis usage is higher among Indigenous Australians
In Australia, cannabis is one of the most commonly used illicit drugs. While its use is prevalent across the country, it is disproportionately higher among Indigenous Australians.
According to the National Drug Strategy Household Survey (NDSHS) in 2019, 41% of Australians supported the legalisation of cannabis, 37% were opposed, and 22% were undecided. By 2022-2023, support for legalisation had risen to 45%. The same survey also revealed that a large majority (80%) did not support possession of cannabis as a criminal offence. Despite this shift in public perception, the use of cannabis remains illegal in Australia, and those found in possession of it are subject to criminal charges.
Indigenous Australians, according to national surveys, use cannabis at around 1.6 times the national rate. While the exact reasons for this disparity are complex and multifaceted, several factors have been identified as contributing to the higher usage rate among Indigenous communities.
Historical and social factors have played a significant role in the widespread use of tobacco, alcohol, and illicit drugs, including cannabis, among Indigenous Australians. The normalization of cannabis use within certain sectors of the community and the lack of access to clinical support and treatment options have also been cited as potential contributors. Additionally, data collection in small, isolated, and highly mobile Indigenous communities can be challenging, leading to potential underreporting of cannabis use in these areas.
The higher prevalence of cannabis use among Indigenous Australians has resulted in a disproportionate number of criminal charges and arrests within this community. In June 2020, it was revealed that the New South Wales Police had pursued criminal charges against more than 82% of Indigenous individuals caught with small amounts of cannabis, compared to only 52% of non-Indigenous people. This disparity highlights the need for equitable enforcement and support initiatives to address the underlying factors contributing to higher cannabis usage among Indigenous Australians.
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Frequently asked questions
Being high is not directly illegal in Australia, but possessing, using, and selling drugs is. The specific penalties for drug use vary depending on the state or territory, the type of drug, and the quantity.
Cannabis is the most commonly used illicit drug in Australia. Other drugs include heroin, amphetamines, cocaine, ecstasy, and LSD.
In most states and territories, it is illegal to possess, use, grow, or sell cannabis. The penalties for possession vary, but they can include fines, drug counselling, or even criminal charges. In some cases, the police may issue a warning instead of filing charges, especially for first-time offenders caught with small quantities.
Cannabis laws have changed in the Australian Capital Territory (ACT), where limited amounts of cannabis may be legally grown and used. However, it is still illegal to drive under the influence of cannabis in all Australian states and territories.
According to recent surveys, support for the legalisation of cannabis in Australia has been increasing. In 2022-2023, 45% of Australians supported legalisation, while 78% believed that possession of cannabis should not be a criminal offence.
