Is Weed Legal in Australia?

May 29, 2026

Medical cannabis is legal Australia-wide via the TGA; recreational use is decriminalized in the ACT but illegal federally. 2026 state-by-state penalties explained.

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Australia

Cannabis & Hemp Overview

Recreational cannabis is illegal under federal law across Australia, though the Australian Capital Territory has decriminalized personal use since 31 January 2020 under the Drugs of Dependence (Personal Cannabis Use) Amendment Act 2019, permitting adults to possess up to 50g of dried cannabis and grow two plants per person (four per household). Medical cannabis has been federally legal since 2016 and is regulated by the Therapeutic Goods Administration via the Special Access Scheme and Authorised Prescriber pathways, with over 500,000 prescriptions written by 2025. Other states retain varying approaches: South Australia and the Northern Territory issue civil expiation notices for small amounts; NSW, Victoria, WA, and Tasmania use cautioning or diversion; Queensland still pursues criminal charges. The Greens' Legalising Cannabis Bill was defeated 24-13 in the Senate on 27 November 2024. Penalties outside the ACT typically range from AUD $400 expiation fines up to two years' imprisonment for trafficable quantities.

Australia

Cannabis & Hemp Key Facts

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Legal Status of:  
Cannabis / Marijuana

Medical Only

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Governing Body

Therapeutic Goods Administration (TGA)

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Potency/ Product Limits

No THC cap for TGA-authorized medical prescriptions; recreational possession varies by state (ACT: 50g dried / 150g fresh)

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Regulating Entity

Narcotic Drugs Act 1967; Therapeutic Goods Act 1989; Drugs of Dependence (Personal Cannabis Use) Amendment Act 2019 (ACT)

Import Export Rules for the Country

Commercial import and export of medicinal cannabis requires both an Office of Drug Control licence under the Narcotic Drugs Act 1967 and a permit for each shipment. The TGA must additionally approve products for the Australian Register of Therapeutic Goods or grant SAS/Authorised Prescriber access. Personal importation of cannabis for recreational use is prohibited and triggers Customs Act seizure plus possible criminal prosecution.

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