Is Weed Legal in Australia? 2026 State by State Guide

Is weed legal in Australia? The answer depends on where you are and what type of cannabis you're using. Australia has a complex patchwork of cannabis laws that vary significantly between states and territories. Medical cannabis is legal nationwide, but recreational cannabis remains illegal federally – though enforcement and penalties vary dramatically across the country.

This comprehensive guide breaks down cannabis laws for every Australian state and territory, plus recent changes and what the future might hold.

Quick Overview: Australia Cannabis Laws (2026)

Jurisdiction	Medical	Recreational	Possession Penalty	Notes
Australian Capital Territory (ACT)	Legal	Decriminalized	Fine/Diversion	Most progressive
Northern Territory	Legal	Decriminalized	Fine/Diversion	Drug diversion program
South Australia	Legal	Decriminalized	Expiation fee	Longest-standing decrim
New South Wales	Legal	Illegal	Fine/Court	Cannabis cautioning scheme
Victoria	Legal	Illegal	Fine/Court	Diversion for first offense
Queensland	Legal	Illegal	Fine/Court	Strict penalties
Western Australia	Legal	Illegal	Fine/Court	Cannabis infringement notice
Tasmania	Legal	Illegal	Fine/Court	Drug diversion program

Key takeaway: Medical cannabis is legal across all of Australia since 2016. Recreational cannabis remains illegal under federal law, but several states have decriminalized possession (ACT, NT, SA) meaning you face fines rather than criminal charges.

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Federal Laws: The Big Picture

Medical Cannabis: Legal Nationwide (2016)

In February 2016, Australia legalized medical cannabis at the federal level through the Narcotic Drugs Amendment Act 2016. This created a regulated system for:

• Cultivation and production of medical cannabis
• Prescribing and dispensing through approved doctors and pharmacies
• Import and export of medical cannabis products
• Access via the Special Access Scheme (SAS) or Authorized Prescriber scheme

How medical cannabis works in Australia:

1. Consult a doctor – Not all doctors can prescribe medical cannabis
2. Apply to TGA – Therapeutic Goods Administration must approve
3. Fill prescription – At a specialty pharmacy (not regular pharmacies)
4. Pay out of pocket – Medicare doesn't cover medical cannabis (costs $100-500/month)

Common qualifying conditions:

• Chronic pain (most common)
• Epilepsy (especially treatment-resistant)
• Multiple sclerosis
• Chemotherapy-induced nausea
• Palliative care
• PTSD, anxiety, insomnia (some states)

Recreational Cannabis: Illegal Federally

Despite state-level variations in enforcement, recreational cannabis remains illegal under Australian federal law. This means:

• Possession is a crime under federal narcotics legislation
• Cannabis remains a Schedule 9 drug (prohibited substance)
• Federal government has no plans to legalize
• Each state determines its own enforcement approach

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State by State Breakdown

Australian Capital Territory (ACT) 🇦🇺

Status: Decriminalized (most progressive) Population: ~450,000 Capital: Canberra

Recreational Cannabis:

• Possession of up to 50g of dried cannabis or 150g of wet cannabis: Not a crime, results in $100 fine (infringement notice)
• Possession of up to 2 plants per person (max 4 per household): Legal for personal use
• Consumption: Allowed in private residences
• Public consumption: Illegal ($100 fine)
• Sale/distribution: Criminal offense

Medical Cannabis: Fully legal

The ACT's Progressive Approach (2020): In 2020, the ACT became the first Australian jurisdiction to decriminalize small-scale possession and cultivation. Adults can possess up to 50g and grow up to 2 plants per person (4 per household) for personal use.

Important limitations:

• Only applies to ACT laws (not federal laws – theoretically federal police could prosecute, but this rarely happens)
• Cannot sell or supply cannabis
• Cannot consume in public
• Cannabis cannot be visible from public areas

Traveler notes:

• Canberra is Australia's most cannabis-friendly city
• Possession of 50g or less results in $100 fine (not criminal charge)
• Don't bring cannabis from other states

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Northern Territory (NT) 🇦🇺

Status: Decriminalized (since 1996) Population: ~250,000 Capital: Darwin

Recreational Cannabis:

• Possession of small amounts: Criminal offense but diverted to treatment/fine
• Cannabis cautioning scheme: First-time offenders get caution and must attend education
• Penalties: Fines rather than prison for small amounts

Medical Cannabis: Fully legal

NT's Approach:

• One of the earliest jurisdictions to decriminalize (1996)
• Focus on treatment rather than punishment
• Drug diversion programs available
• Remote communities have different rules

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South Australia (SA) 🇦🇺

Status: Decriminalized (since 1987) Population: ~1.7 million Capital: Adelaide

Recreational Cannabis:

• Possession of up to 100g or one non-hydro plant: Expiation fee ($150-300 depending on quantity)
• Possession of 100g-1kg: Court may impose fine up to $2,000
• Cultivation: Small-scale personal use results in expiation fee
• Equipment: Possession of smoking equipment can also result in expiation fee

What is an expiation fee? An expiation fee is an on-the-spot fine that allows you to "pay and avoid court." It's similar to a traffic ticket – you pay the fine, avoid a criminal conviction, and move on.

Medical Cannabis: Fully legal

South Australia's Longstanding Decriminalization:

• First jurisdiction in Australia to decriminalize (1987)
• Model for other jurisdictions
• Focus on reducing court burden

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New South Wales (NSW) 🇦🇺

Status: Illegal (but with cautioning scheme) Population: ~8.2 million Capital: Sydney

Recreational Cannabis:

• Possession of up to 15g: Cannabis Cautioning Scheme – Police can issue caution instead of charge
• First offense: Caution + information about harms
• Second offense: Another caution (within 10 years)
• Third offense: Court appearance, possible conviction, fine up to $2,200

Cultivation:

• Small-scale cultivation: Court appearance, possible conviction
• Commercial cultivation: Serious criminal offense (prison possible)

Medical Cannabis: Fully legal

NSW Cannabis Cautioning Scheme:

• Introduced in 2000
• Reduces burden on criminal justice system
• Not available for:

- Repeat offenders (more than 2 cautions) - Cultivation - Supply/distribution - Possession in or near schools

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Victoria 🇦🇺

Status: Illegal (with diversion) Population: ~6.7 million Capital: Melbourne

Recreational Cannabis:

• Possession of up to 50g: Diversion program for first offense
• Repeat offenses: Court appearance, fine up to 30 penalty units ($5,000+)
• Cultivation: Criminal offense

Drug Diversion: First-time offenders with small quantities may be offered:

• Drug education session
• Assessment and possible treatment
• Avoid criminal conviction if completed

Medical Cannabis: Fully legal

Victoria's Approach:

• Similar to NSW – illegal but with diversion
• Focus on treatment and education
• Strict penalties for repeat offenders

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Queensland 🇦🇺

Status: Illegal (strict penalties) Population: ~5.2 million Capital: Brisbane

Recreational Cannabis:

• Possession of any amount: Criminal offense
• Small quantities (up to 50g): Court appearance, possible conviction, fine up to $6,266
• Large quantities (over 500g): Up to 15 years prison
• Cultivation: Criminal offense, possible prison
• Supply/distribution: Serious offense (up to 25 years prison for trafficking)

Queensland has some of Australia's strictest cannabis penalties.

Medical Cannabis: Fully legal

Recent changes (2024-2026):

• Queensland government has taken a harder stance on drugs
• No cannabis cautioning scheme
• Some politicians calling for reform, but progress slow

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Western Australia (WA) 🇦🇺

Status: Illegal (with infringement notice) Population: ~2.7 million Capital: Perth

Recreational Cannabis:

• Possession of up to 10g: Cannabis Infringement Notice ($200 fine, no court)
• Possession of 10-100g: Court appearance, fine up to $2,000
• Over 100g: Serious criminal offense
• Cultivation: Criminal offense (possible prison)

Medical Cannabis: Fully legal

WA's Cannabis Infringement Notice:

• Similar to expiation fee in SA
• Pay fine, avoid court
• Not available for repeat offenders

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Tasmania 🇦🇺

Status: Illegal (with diversion) Population: ~540,000 Capital: Hobart

Recreational Cannabis:

• Possession of small amounts: Diversion to treatment
• Cultivation: Criminal offense
• Strict penalties compared to some mainland states

Medical Cannabis: Fully legal

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Summary: Cannabis Law Severity by State

Most Progressive (Decriminalized):

1. ACT – Possession up to 50g legal, 2 plants allowed
2. NT – Decriminalized, diversion programs
3. SA – Expiation fees (1987), longest-standing decrim

Moderate (Illegal but diversion available):

1. NSW – Cannabis cautioning scheme (up to 15g)
2. WA – Infringement notice for ≤10g
3. Victoria – Diversion for first offense
4. Tasmania – Diversion available

Strictest (Illegal, minimal diversion):

1. Queensland – No cautioning, strict penalties

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Medical Cannabis in Australia: Complete Guide

How to Access Medical Cannabis

Step 1: Find a doctor who prescribes medical cannabis

• Regular GPs often cannot or will not prescribe
• Use online clinics or specialists:

- Cannabis Access Clinics - CA Clinics - Green Clinics - Medihuanna - Various telehealth services

Step 2: Consultation and assessment

• Doctor evaluates your condition
• Discusses treatment options
• Determines if medical cannabis is appropriate

Step 3: TGA approval

• Doctor applies to Therapeutic Goods Administration
• SAS (Special Access Scheme) – Case-by-case approval
• Authorised Prescriber – For ongoing treatment

Step 4: Prescription filled

• Not at regular pharmacies
• Must use specialty compounding pharmacies
• Delivery available in some areas

Medical Cannabis Costs

Expense	Cost
Doctor consultation	$150-300
TGA application	Often included in consultation
Medication (monthly)	$100-500+ (depending on product)
Shipping	$10-50 (if applicable)

Medicare and PBS:

• Medicare does NOT cover medical cannabis
• Pharmaceutical Benefits Scheme (PBS) does NOT cover
• Patients pay full price out-of-pocket
• Some private health insurance may cover consultation

Common Medical Cannabis Products

• Oils and tinctures – Most common
• Capsules – Precise dosing
• Vape liquids – Dry herb vaporizers (not e-cigarettes)
• Topicals – Creams, balms
• Flower – Available but less common

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Hemp and CBD Laws in Australia

Industrial Hemp

Industrial hemp (≤0.5% THC in NSW, ≤1% in some states) is legal for:

• Food products – Hemp seeds, hemp protein, hemp oil
• Fiber – Clothing, building materials
• Cosmetics – Hemp skincare

CBD (Cannabidiol)

Important change (2021-2026):

• Low-dose CBD (≤150mg per day) became available at pharmacies (2021)
• pharmacist-only medicine (no prescription needed)
• Higher doses still require TGA approval and medical cannabis pathway
• Import restrictions still apply

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Cannabis Legalization Movement in Australia

Current Status (2026)

Despite being a world leader in medical cannabis access, Australia has not legalized recreational cannabis federally. However, there's growing momentum:

Support for Legalization

• 60-70% of Australians support legalization (varies by poll)
• Greens Party supports full legalization
• Some MPs from major parties privately support reform
• ACT's decriminalization has been successful (no major problems)

Barriers to Legalization

• Federal opposition – Both major parties oppose legalization
• International treaties – UN drug conventions
• Medical lobby concerns – Some medical groups oppose
• Conservative states – Queensland especially

Predictions for 2026-2030

• ACT may move toward full legalization
• Other states may follow ACT's decriminalization model
• Federal legalization unlikely before 2030 without major political shift
• Medical cannabis expansion is more likely

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Australia vs. Other Countries

Country	Medical	Recreational	Possession Penalty
Australia	Legal (2016)	Illegal (federal)	Varies by state (fine to prison)
Canada	Legal	Legal (2018)	Legal (with limits)
New Zealand	Legal	Illegal (referendum failed 2020)	Fine/potential prison
United States	Legal (38 states)	Legal (24 states)	Varies by state
Germany	Legal	Legal (2024)	Legal (with limits)
UK	Limited	Illegal	Prison possible

Australia's position: Australia is ahead of New Zealand but behind Canada and many US states. The state-by-state variation is similar to the US but without full recreational legalization anywhere yet.

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Traveler Information

Can Tourists Buy Medical Cannabis in Australia?

No. To access medical cannabis, you must:

1. Be an Australian resident or citizen
2. Have an Australian doctor
3. Be approved by the Australian TGA

Foreign prescriptions are not recognized in Australia.

Can Tourists Bring Cannabis to Australia?

Absolutely not. Australia has extremely strict customs and border protection:

• Bringing cannabis is drug importation
• Penalties: Up to life in prison for trafficking
• Even medical cannabis requires special import permits
• Don't risk it – Australian customs is thorough

What About CBD Products?

• CBD purchased overseas is technically illegal without import permit
• Low-dose CBD (≤150mg/day) can be purchased at Australian pharmacies
• Bringing CBD products without permit is illegal (though enforcement varies)

Can You Consume Cannabis in Australia as a Tourist?

• Recreational: Illegal everywhere (though ACT/NT/SA have decriminalized fines)
• Medical: Not accessible to tourists
• CBD: Low-dose available at pharmacies
• Advice: Don't attempt to access cannabis illegally as a tourist

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Internal Resources

Looking for cannabis laws in other countries?

• Is weed legal in New Zealand? – Australia's neighbor
• Is weed legal in Canada? – Full legalization model
• Is weed legal in the UK? – Medical-only approach
• Is weed legal in the US? – State-by-state breakdown
• Decriminalized vs Legal: What's the Difference? – Understanding the terms

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Frequently Asked Questions

Is weed legal in Australia?

No, recreational cannabis is not legal anywhere in Australia as of 2026. It remains illegal under federal law. However, three jurisdictions have decriminalized possession: the Australian Capital Territory (ACT), Northern Territory, and South Australia. In these areas, possession of small amounts results in fines rather than criminal charges. Medical cannabis is legal across all of Australia since 2016.

Can you legally smoke weed in Australia?

No, there's no place in Australia where recreational cannabis use is fully legal. In the ACT, you can legally possess up to 50g and grow up to 2 plants per person, but you cannot legally purchase cannabis (selling remains illegal). In NT and SA, possession of small amounts is decriminalized (fine, not jail), but it's still illegal. Medical cannabis patients can legally use their prescribed medication.

What is the penalty for possession in Australia?

Penalties vary dramatically by state:

• ACT: $100 fine for ≤50g (not a crime)
• NT: Fine/diversion for small amounts
• SA: $150-300 expiation fee for ≤100g
• NSW: Caution for ≤15g (first offense)
• WA: $200 infringement notice for ≤10g
• Victoria: Diversion for small amounts (first offense)
• Queensland: Court, fine up to $6,266 (strictest)
• Tasmania: Diversion for small amounts

Is medical marijuana legal in Australia?

Yes, medical cannabis has been legal across all of Australia since February 2016. Patients must see an approved doctor, receive TGA (Therapeutic Goods Administration) approval, and fill prescriptions at specialty pharmacies. Medical cannabis is not covered by Medicare or the PBS, so patients pay out-of-pocket ($100-500+ per month). Common qualifying conditions include chronic pain, epilepsy, multiple sclerosis, and chemotherapy-induced nausea.

Can tourists buy weed in Australia?

No, tourists cannot legally purchase cannabis in Australia. Medical cannabis is only available to Australian residents with TGA approval and Australian prescriptions. Recreational cannabis is illegal everywhere. Tourists attempting to access cannabis illegally face criminal penalties. Some tourists use low-dose CBD (≤150mg/day) which is available over-the-counter at Australian pharmacies without a prescription.

Which Australian state has the most relaxed cannabis laws?

The Australian Capital Territory (ACT) has the most relaxed cannabis laws in Australia. Since 2020, adults in the ACT can possess up to 50g of dried cannabis or grow up to 2 plants per person (4 per household) without fear of criminal charges – only a $100 fine. The ACT allows personal consumption in private residences. South Australia and the Northern Territory also have decriminalized possession of small amounts, but the ACT goes further by allowing limited cultivation.

Can you bring cannabis to Australia?

No, absolutely not. Australia has extremely strict customs laws. Bringing cannabis into Australia (including medical cannabis) without proper permits is drug importation, a serious federal offense that can result in:

• Up to life in prison for trafficking
• Heavy fines
• Deportation and lifetime entry ban
• Criminal record

Even if you have a medical cannabis prescription from another country, it is not recognized in Australia. Don't risk it.

Is CBD legal in Australia?

Yes, low-dose CBD (≤150mg per day) became legal to purchase at Australian pharmacies in 2021 without a prescription (pharmacist-only medicine). Higher doses of CBD and other medical cannabis products still require TGA approval through a doctor. However, bringing CBD products purchased overseas into Australia without an import permit is technically illegal, though enforcement varies. Always buy CBD products within Australia.

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Last Updated: February 2026

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Cannabis laws change frequently. Always verify current laws with official Australian government sources: Office of Drug Control, Therapeutic Goods Administration (TGA), and state/territory justice departments.

Sources: Australian Government Department of Health and Aged Care, Office of Drug Control, Therapeutic Goods Administration (TGA), state and territory justice departments, Australian Institute of Health and Welfare (AIHW)