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Legal guide · Australian edition

Cannabis laws in New South Wales

Cannabis possession and cultivation remain offences in New South Wales. A formal cautioning scheme can provide an alternative response for some eligible minor possession matters.

A typical landscape in New South Wales
Caution pathway

Possession

Unlawful

Caution may be available

Home cultivation

Criminal offence

Not covered by possession cautions

Caution

Eligibility based

Not an automatic entitlement

Medicinal access

Prescription pathway

Separate regulated access

The cautioning scheme

Police may use the Cannabis Cautioning Scheme for eligible adults and minor personal-use possession. Admission, quantity, criminal history and police assessment can affect eligibility.

Cultivation remains separate

A possession caution does not authorise germination or home cultivation. Cultivation, supply and trafficking are separate offences.

Get current, local advice

NSW penalties and thresholds depend on the charge and circumstances. Use current legislation or LawAccess NSW for a situation-specific starting point.

Other states and territories

Know the local position before you browse

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