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No, weed is not legal in Australia for recreational use, with one partial exception. Since 31 January 2020, adults in the Australian Capital Territory have been allowed to possess small amounts and grow two plants under territory law.
Everywhere else, possession is an offence, although small amounts are often handled with a caution, diversion or fine, and medical cannabis and CBD are legal only on prescription. This guide explains whether marijuana is legal in Australia, how the rules differ by state, penalties, medical access, CBD and the risks for tourists.
Is weed legal in Australia for recreational use?
Recreational weed is illegal in Australia under Commonwealth law. The Australian Government lists cannabis as an illegal drug, and the federal Criminal Code covers serious drug offences such as trafficking and importing.
Most day-to-day policing of possession happens under state and territory law. That is why the answer changes depending on where you are. The national position is still prohibition, and federal proposals to legalise cannabis have not passed.
Where is weed legal in Australia?
The Australian Capital Territory, which includes Canberra, is the only place where adults can have small amounts without breaking local law. Its rules took effect on 31 January 2020.
Adults aged 18 and over in the ACT may possess up to 50 grams of dried cannabis or 150 grams of fresh cannabis. They may grow up to two plants each, with a maximum of four plants per household.
The ACT rules come with clear limits. Using cannabis in a public place, including vaping, is an offence. So are hydroponic or artificial cultivation and selling, sharing or gifting cannabis.
The ACT government says it wrote the rules to manage possible conflict with Commonwealth law. Cannabis is still an illegal drug under federal law, so the ACT rules apply only in the ACT.
Crossing the border changes everything. Cannabis carried from the ACT into New South Wales is subject to New South Wales law, where possession is an offence.
What are the penalties under Australia weed laws?
Penalties under Australia weed laws are set mainly by each state and territory. Outside the ACT, possession is a criminal offence, but most jurisdictions offer a caution, diversion or fine for small amounts.
The UK Foreign Office warns that Australian authorities act against anyone who imports or traffics illegal drugs. It adds that prosecution can lead to a lengthy prison sentence and deportation.
Penalties at a glance
| Conduct | Governing law | General outcome |
|---|---|---|
| Adult with up to 50 g dried or 150 g fresh, or 2 plants, in the ACT | ACT law, in force since 2020 | Not an offence under ACT law, but still illegal under Commonwealth law |
| Adult with up to 30 g of dried cannabis in New South Wales | NSW Cannabis Cautioning Scheme | Police may issue a caution, up to two times |
| Up to 50 g in Victoria | Victorian drug law | A first offence usually leads to a caution or diversion |
| A minor cannabis offence in Queensland | Police Drug Diversion Program | Diversion is available, with tighter limits passed in 2026 |
| Up to 10 g in Western Australia, aged 14 or over | Cannabis Intervention Requirement | An intervention session within 28 days instead of prosecution, once for adults |
| Minor personal possession or use in South Australia | SA expiation scheme | A fine with no criminal conviction |
| Small amounts in Tasmania and the Northern Territory | Tasmanian diversion scheme; NT infringement notices | Diversion or an infringement notice may apply |
| Importing or trafficking anywhere | Commonwealth Criminal Code and state law | Prosecution and possible prison, and non-citizens may be deported |
Queensland passed a law in 2026 that limits diversion to a single opportunity for up to 50 grams. That change starts on a date set by proclamation, so check whether it is in force.
Can you drive after using cannabis in Australia?
Generally no. In the ACT and Victoria, driving with any THC in your system is an offence. In Victoria this applies even with a valid prescription, although magistrates can now choose not to cancel that driver’s licence.
Rules are starting to change. New South Wales passed a medical cannabis driving law in September 2026, but it was not yet in effect at the review date. Tasmanian law includes a defence for drugs that were lawfully obtained and administered, which can cover prescribed medicinal cannabis.
Is medical marijuana legal in Australia?
Yes. Medical cannabis is legal in Australia when a doctor prescribes it. Most products are unapproved medicines, so doctors access them through the Special Access Scheme, the Authorised Prescriber scheme or clinical trials.
Only two medicinal cannabis medicines are registered on the Australian Register of Therapeutic Goods: Epidyolex and Sativex. The Therapeutic Goods Administration reports that more than 99% of products prescribed are unapproved. Its approvals under one Special Access pathway rose from 57,711 in 2020 to 177,762 in 2024.
The system is under review. The regulator consulted on its oversight of unapproved medicinal cannabis in 2025, and changes may follow.
Is CBD legal in Australia?
CBD is legal in Australia, but in practice only on prescription. Low-dose CBD was moved to the pharmacist-only schedule in 2021. However, no Schedule 3 CBD product has been registered yet, so you cannot buy CBD oil over the counter.
That surprises many people searching for CBD oil or gummies in Australia. CBD products ordered from overseas cannot be imported under the personal importation scheme. Low-THC hemp seed foods are a separate matter, and have been legal to sell since 2017.
Can you smoke weed in Australia as a tourist?
No. Visitors are subject to the same laws as residents, and the ACT rules apply only inside the ACT. City searches such as Sydney or Melbourne have the same answer as their state: possession is an offence.
Bringing cannabis or CBD into Australia is a serious risk. Border Force warns that these products cannot be brought in under the personal importation scheme.
Cannabis products need prior permission from the Office of Drug Control, and importers may face large fines or imprisonment. The US State Department adds that travellers carrying medicinal cannabis products must declare them to Border Force on arrival.
If you travel with prescribed cannabis, carry your prescription or doctor’s letter and check current TGA and Office of Drug Control rules first.
For official detail, see the government’s guide to drug laws in Australia and the ACT government’s cannabis rules.
The bottom line on cannabis in Australia
Weed is not legal in Australia under federal law, and possession is an offence in every state and territory except the ACT. Even there, the rules allow only small amounts and two plants per adult, and federal law still applies. Elsewhere, small amounts often bring a caution, diversion or fine.
Medical cannabis and CBD need a prescription, and visitors should never bring cannabis or CBD without checking the import rules first.
Last reviewed: October 8, 2026. Cannabis laws change frequently, always verify current rules with official sources before you travel.
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