Lexi Webster
Cannabis is the most commonly used illicit drug in Australia. While it is federally illegal for personal use without a prescription in most states and territories, the Australian Capital Territory has decriminalised cannabis, allowing adults to possess and use it without penalty. Medicinal cannabis was federally legalised in 2016, and is available with a doctor's prescription, although access is limited and regulated. The rules regarding cannabis differ across Australia's states and territories, with some permitting the cultivation of a small number of marijuana plants for personal use.
| Characteristics | Values |
|---|---|
| Cannabis legality in Australia | Illegal in most parts of Australia, but rules differ between regions and states. |
| Medicinal cannabis in Australia | Federally legalised in 2016. Requires a prescription from a doctor. |
| Synthetic cannabis in Australia | Illegal. |
| Cannabis capital of Australia | Australian Capital Territory (ACT) was the first place in Australia to decriminalise cannabis. |
| Cannabis use in Australia | Cannabis is the most commonly used illicit drug in Australia. |
| Cannabis smoking in public in Australia | Illegal. |
| Cannabis and driving in Australia | Illegal to drive with any trace of cannabis in your system. |
| Cannabis and minors in Australia | Illegal to expose a child or young person to cannabis smoke. |
| Cannabis cultivation in Australia | Illegal to grow cannabis using hydroponics or artificial cultivation. |
| Cannabis sharing in Australia | Illegal to share or give cannabis as a gift to another person. |
| Cannabis possession in Australia | Possession of cannabis is illegal in some states, but ACT allows possession of up to 50 grams of dried cannabis or 150 grams of fresh cannabis. |
| Cannabis cultivation limit in Australia | ACT allows cultivation of up to two cannabis plants per person in a household, with a maximum of four plants. |
| Cannabis cultivation penalty in Australia | Exceeding the cultivation limit can result in a maximum penalty of 2 years imprisonment and/or an $8,000 fine. |
| Cannabis possession penalty in Australia | Possessing more than the allowed limit can result in 6 months imprisonment and/or an $8,000 fine in ACT. |
| Cannabis legalisation support in Australia | There is support for decriminalising marijuana and legalising growing cannabis plants at home for personal use. |
| Cannabis legalisation opposition in Australia | Concerns about health issues, addiction, and insufficient research on long-term effects. |
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What You'll Learn
Cannabis legality varies across Australian states
Cannabis is largely illegal in Australia, but the rules differ from state to state. While personal use of cannabis remains illegal at a federal level, the situation is more complex at the state and territory level, with each area of Australia having different rules that must be followed.
In the Australian Capital Territory, adults over the age of 18 can possess up to 50 grams of dried cannabis or up to 150 grams of fresh cannabis for personal use. Households are also allowed to grow up to two cannabis plants per person, with a maximum of four plants per household. However, it remains illegal to smoke cannabis in public places or expose children to cannabis smoke.
In New South Wales (NSW), the use, supply, and possession of cannabis are illegal. However, first-time offenders caught with less than 15 grams may only receive a caution and a referral for drug-related information. Up to two cautions can be given. The Joint Committee on Drugs of the NSW Parliament has also recommended removing jail sentences for personal cannabis use, recognising that cannabis use is widespread and that many parents would not want their children to face criminal convictions.
In Victoria, both houses of parliament passed the Roads and Road Safety Legislation Amendment Bill 2024, which gives magistrates discretion in cases where drivers with valid medicinal cannabis prescriptions test positive for THC but show no signs of impairment.
In Queensland, growing cannabis and recreational use are illegal under four different acts, with penalties of up to 20 years imprisonment for unlawful possession, supply, production, and trafficking.
Medicinal cannabis is available in Australia with a doctor's prescription, and the market has seen significant growth since its legalisation in 2016. However, medical access remains limited and regulated. Synthetic cannabis, on the other hand, is not legal in Australia due to health concerns and unpredictable effects.
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Medicinal cannabis is legal with a prescription
In Australia, medicinal cannabis refers to a range of quality-assured, pharmaceutical cannabis preparations intended for therapeutic use. Medicinal cannabis is legal in Australia but highly regulated and can only be accessed via prescription from a registered medical doctor or specialist. It is used to help with chronic pain, cancer symptoms, and epilepsy.
Medicinal cannabis is different from the cannabis that people buy on the street or through illegal means. It is a controlled substance in Australia and can only be legally obtained when prescribed by a doctor with appropriate approvals. Products sold on websites claiming to be 'Medicinal Cannabis' cannot be assured of their safety and consistency and may contain illegal or toxic substances.
To obtain medicinal cannabis, you must first discuss it with your doctor. They will decide whether medicinal cannabis is suitable for your condition and whether the benefits outweigh the risks. If your doctor approves, they will need to complete forms to get the necessary government approvals. Once approved, they can write you a prescription, which you can take to a pharmacist to buy your medicinal cannabis. The cost of medicinal cannabis can vary from $50 to $1,000 per week.
There are two medicinal cannabis medicines included in the ARTG for use in Australia for specific clinical conditions: nabiximols (Sativex) and cannabidiol (Epidyolex). Other medicinal cannabis products available in Australia are 'unapproved' and may be accessed with a prescription from a healthcare practitioner. It is important to note that growing your own cannabis, even with a prescription, remains illegal in most states and territories in Australia.
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Cannabis is the most used illicit drug in Australia
Cannabis is illegal in Australia. However, it is the most commonly used illicit drug in the country. In 2022-2023, 11.5% of people aged 14 and over had used cannabis in the previous 12 months, according to the National Drug Strategy Household Survey (NDSHS). This is a slight decrease from 2019, when 12.9% of people in the same age group reported using cannabis in the previous 12 months.
Cannabis use in Australia has been on the rise since the 1970s, reaching its highest usage in the late 1990s. While patterns of use in the early 2000s were similar to those in other developed nations, with the heaviest use occurring in the early 20s followed by a decline into the 30s, a notable proportion of Australian cannabis users consume it daily. According to the 2004 household survey, 16% of recent cannabis users used it every day, and those aged 30 to 39 were most likely to fall into this category.
Marijuana and hashish (hash) are the most common forms of cannabis used in Australia. People typically smoke cannabis using a bong, pipe, or joint, or mix it with food to create edibles. The effects of cannabis vary from person to person, and the same individual may have different experiences each time they use it. Some people report feeling relaxed, happy, and sociable after using cannabis, while others experience anxiety or paranoia.
The Australian government has recognised the widespread use of cannabis and has implemented various policies to address it. In the 1980s, Australia was one of the first countries to adopt a "harm minimisation" approach, which focuses on demand reduction, supply reduction, and harm reduction. More recently, there have been calls for a health-based response to cannabis use and possession, including the legalisation of cannabis for personal use and the cultivation of cannabis for this purpose.
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Cannabis smoking methods and health effects
Smoking cannabis is illegal in Australia. However, cannabis can be consumed in other ways, including smoking and vaping.
Smoking Methods
Cannabis can be smoked in a variety of pipe-like devices, including hand pipes ("bowls"), water pipes ("bongs"), cigarettes ("joints"), or blunts. A joint is a cigarette filled with cannabis instead of tobacco, typically made using rolling paper. Blunts are made with hollowed-out cigars, and cigars and their wrappers are highly toxic. Smoking cannabis in a bong involves filtering the smoke through water before inhaling it. Other smoking methods include "hotboxing", which involves multiple people smoking in an enclosed space, and "spotting", which involves heating small pieces of cannabis between two knife blades and inhaling the smoke through the nose or mouth.
Health Effects of Smoking Cannabis
Smoking cannabis is not safe and can have negative health effects. Cannabis smoke contains toxins, irritants, and carcinogens similar to those found in tobacco smoke. It can damage the lungs, increase the risk of bronchitis, and scar small blood vessels. It can also increase the risk of stroke, heart disease, and other vascular diseases. The tar and chemicals in cannabis smoke can also lead to periodontal disease (gum disease).
In addition to the physical health effects, smoking cannabis can also impact mental health. Frequent marijuana use is linked to an increased risk of developing schizophrenia or other psychoses in people who are predisposed to these conditions. It can also affect fertility in both men and women.
It is important to note that the effects of cannabis can vary from person to person, and there is still a lot to learn about the long-term effects of cannabis use.
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Australian drug laws and penalties
Australia's drug laws are complex, with some laws being federal and others state or territory-based. The legislative document that determines how a substance is restricted is called the Poisons Standard, which is regularly updated by the Therapeutic Goods Administration (TGA).
Drug Offences
It is a crime to import, export, or possess illegal drugs. The penalties vary depending on the quantity of the drug, with the most serious offences carrying a penalty of life imprisonment. In Western Australia, under the Misuse of Drugs Act 1981, it is illegal to use, possess, cultivate, manufacture, sell, or supply an illicit drug. Possession offences can carry up to $2,000 in fines and/or two years in prison, while supply offences can result in up to $100,000 in fines and/or 25 years in prison.
Medicinal Use of Illicit Drugs
Some types of medicinal cannabis are available under a TGA Special Access Scheme and must be prescribed by a doctor.
Drugs and Driving
Random roadside drug testing is common across Australian states and territories. Unlike alcohol, where it is illegal to drive with a blood alcohol concentration of 0.05 or higher, it is illegal to drive with any trace of illicit drugs in your system.
Workplace Drug Testing
In some workplaces, employees can be tested for drugs, including alcohol, as part of their working conditions.
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Frequently asked questions
Smoking pot, or cannabis, is illegal in Australia for personal use without a prescription. However, in 2016, medicinal cannabis was federally legalised and can be prescribed by a doctor.
The laws regarding cannabis vary across Australia's states and territories. In New South Wales, use, supply and possession of cannabis are illegal, but first-time offenders with less than 15 grams may only be issued a caution. In the Australian Capital Territory, those aged 18 and over can possess up to 50 grams of dried cannabis or 150 grams of fresh cannabis and grow up to two plants per person, with a maximum of four plants per household. Victoria has passed a bill that provides magistrates with the discretion to evaluate individual cases where drivers holding valid medicinal cannabis prescriptions test positive for THC but show no signs of impairment. In Queensland, growing cannabis and recreational use are illegal under four different acts.
There has been a strong push to legalise cannabis in Australia, with supporters arguing for the decriminalisation of marijuana and the legalisation of growing cannabis plants at home for personal use. The Joint Committee on Drugs of the NSW Parliament has recommended the removal of jail sentences for personal cannabis use, stating that cannabis use is widespread and that many parents would not want their children to be jailed for it.
Smoking cannabis can lead to health issues such as chest infections, upper respiratory tract cancers, chronic bronchitis, and damage to airways. It can also cause addiction and depression, and there may be a link between long-term use and brain development and mental health issues. However, some people use cannabis to feel 'chilled out', relaxed, happy and sociable.
Tobacco products are illegal when taxes have not been paid. It is also illegal to sell or supply tobacco to those under the age of 18, and there are laws in place to reduce the illicit tobacco trade. Smoking tobacco is banned in certain public places, and there are age limits on who can buy tobacco.
