Is cannabis legal everywhere in Australia?
No. Recreational cannabis remains unlawful under Commonwealth law and in most states and territories. The ACT has limited personal-use rules under territory law.
Legal guide · Australian edition
Is cannabis legal in Australia? State-by-state guide
The short answer depends on where you are. Commonwealth law sits alongside different state and territory rules. Choose your jurisdiction for a practical overview of possession, cultivation, medicinal access and seed import considerations.
Australia
One country. Eight different legal pictures.
Compare every state and territory, then verify the current position with the official sources linked on each page.
- Limited personal use permitted
- Expiation or infringement pathway
- Caution or diversion pathway
State and territory guides
Choose your jurisdiction
Limited personal use permitted
Australian Capital Territory
Adults may possess and cultivate limited amounts under ACT law, subject to strict conditions. Read the full picture Expiation pathwaySouth Australia
Some minor cannabis offences may be handled through an expiation notice rather than court. Read the full picture Infringement pathwayNorthern Territory
Cannabis is prohibited, although an infringement pathway can apply to selected minor conduct. Read the full picture Caution pathwayNew South Wales
Possession and cultivation are unlawful; eligible minor possession may receive a caution. Read the full picture Caution pathwayVictoria
Cannabis remains unlawful; police may caution an eligible person for minor possession. Read the full picture Diversion pathwayQueensland
Possession and cultivation are unlawful; eligible minor offences may enter drug diversion. Read the full picture Intervention pathwayWestern Australia
Cannabis is unlawful; an intervention requirement can apply to eligible minor possession. Read the full picture Diversion pathwayTasmania
Possession and cultivation are unlawful; diversion may apply to eligible minor offences. Read the full pictureHow the national picture developed
Key milestones that explain why the rules differ so much around Australia.
- 1987 South Australia introduces cannabis expiationSelected minor offences begin to be handled through an expiation notice rather than an automatic court prosecution.
- 1990s Diversion and caution schemes expandSeveral jurisdictions introduce health, education or caution pathways for eligible minor drug offences.
- 2016 Medicinal cannabis framework changesCommonwealth changes establish regulated access and licensed cultivation for medicinal or research purposes.
- 2020 ACT personal-use changes commenceThe ACT permits limited adult possession and home cultivation under territory law, subject to strict limits.
- Today State and territory rules still differPossession, cultivation, diversion and driving rules continue to depend on the jurisdiction and circumstances.
Frequently asked questions
Can medicinal cannabis be prescribed?
Yes. Eligible patients may receive prescribed medicinal cannabis through regulated Australian access pathways. A prescription does not authorise personal cultivation.
Are cannabis seeds automatically legal to import?
No. Import controls, state or territory drug laws and biosecurity requirements may all apply. Check the Australian Border Force and relevant local authority before acting.
Do caution and diversion schemes make possession legal?
No. They can provide an alternative response for an eligible minor offence, but do not legalise possession or cultivation. Eligibility and police discretion vary.
Can medicinal patients drive after using THC?
Drug-driving rules are separate from prescription access and vary by jurisdiction. Patients should check the current road rules and obtain professional advice.
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