Image at right: A campaign to legalise marijuana / cannabis has been conducted sine the 1950s.
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Background information
* Most of the background information below has been drawn from a Wikipedia entry titled 'Cannabis in Australia'. This can be accessed in full HERE
Links to any other sources used are given within the body of the text. Cannabis is a plant used in Australia for recreational, medicinal, and industrial purposes. In 2019, 36 percent of Australians over the age of fourteen years had used cannabis in their lifetime and 11.6 percent had used cannabis in the last 12 months. Australia has one of the highest cannabis usage rates in the world.
Recent laws regarding the personal, recreational use of cannabis
On 24 February 2016, Australia legalised growing of cannabis for medicinal and scientific purposes at the federal level.
On 12 November 2017, Food Standards Australia New Zealand (FSANZ) made low- THC (Tetrahydrocannabinol - the major psychoactive component and one of the 113 cannabinoids recognised in cannabis) hemp food legal for human consumption in Australia.
On 25 September 2019, the Australian Capital Territory passed a bill allowing for possession and growth of small amounts of cannabis for personal use as of 31 January 2020, although the laws conflict with federal laws that prohibit recreational use of cannabis, and the supply of cannabis and cannabis seeds are not allowed under the changes.
Increasing support for the legalisation of cannabis for recreational purposes
Attitudes towards legalising recreational cannabis in Australia have shifted over the last decade. According to polling by the National Drug Strategy Household Survey (NDSHS) in 2019, more Australians now support legalisation of cannabis than remain opposed; 41 percent of Australians now support the legalisation of cannabis, 37 percent remain opposed, and 22 percent are undecided. There have also been some associated changes in public perceptions about other cannabis-related policies. For example, most Australians aged 14 years and over do not support the possession of cannabis being a criminal offence (74 percent in 2016 compared with 66 percent in 2010).
What is legalisation?
Legalisation makes a drug permissible to produce and use under the law. In other words, it means that a once-banned substance is no longer illegal. People can use the substance without fear of a conviction or fine. However, there may be some restrictions set forth with the legalisation of a drug, to keep users safe. For example, the law may require you to be a certain age to use the drug. Government may also limit the amount that a person may carry or possess. In addition, suppliers (such as retail stores) may need a licence to sell the substance. Most of these restrictions apply on the legal sale and use of both alcohol and cigarettes.
What is decriminalisation?
Decriminalisation removes any criminal penalties against a certain drug, including its use or possession under a specified amount. A decriminalised drug is still illegal, but the possible punishments attracted by its use are much less severe. For example, those found in possession of the drug (in a small amount) would not be imprisoned. Instead, they may receive a civil fine, drug education, or drug treatment. However, the production, dealing in, and sale of decriminalised drugs is still prosecutable by law.
The largest difference between a legalised drug and a decriminalised one is that the legalised drug can be produced in large quantities and openly sold. This means the sale of the drug can be taxed and its quality can be regulated.
Current laws in Australian states and territories regarding cannabis
Australian Capital Territory -
Possession: Legal up to 50 grams of dried cannabis or up to 150 grams of fresh cannabis
Cultivation: Legal for recreational use up to two cannabis plants at your home per person, with a maximum of four plants per household.
New South Wales -
Possession: Illegal; diversion if first two offenses and <15 grams, maximum penalties for possession are a $2,200 fine and 2 years imprisonment.
Cultivation: Illegal; penalties for cultivation are a $11,000 fine and 2 years imprisonment for non-trafficable quantities.
Northern Territory -
Possession: Illegal; Illegal; maximum penalty for possession a $200 fine for =50 grams,
2 years imprisonment for >50 grams and/or possession in a public place
Cultivation: Illegal; maximum penalty for cultivation a $200 fine for two non-hydroponic plants; maximum life sentence for cultivation in front of a child.
Queensland -
Possession: Illegal; diversion if first offense and <50 grams; otherwise maximum penalty 15 years imprisonment
Cultivation: Illegal
South Australia -
Possession: Illegal; maximum penalty a $150 fine for =100 grams; maximum penalty a $2000 fine and 2 years imprisonment for >100 grams
Cultivation: Illegal; maximum penalty a $150 fine for one non-hydroponic plant
Tasmania -
Possession: Illegal; diversion if first three offenses and <50 grams, maximum penalty a $7950 fine and 2 years imprisonment for >50 grams
Cultivation: Illegal
Victoria -
Possession: Illegal; diversion if first or second offense and =50 grams,
Maximum penalty a $2,200 fine and 2 years imprisonment for possession; a maximum $550,000 fine and 15-20 years imprisonment for trafficking
Cultivation: Illegal
Western Australia -
Possession: Illegal; diversion if first offense and =10 grams,
Maximum penalty a $2,000 fine and 2 years for 10-100 grams; maximum penalty a $20,000 fine and 2 years imprisonment for >100 grams
Cultivation: Illegal