Comprehensive guide: Cannabis laws & market in Australia

Australia's cannabis landscape is unique, with federal legalization for medicinal use introduced in 2016 and strong public support for broader legal access.

Despite recent advances and ongoing advocacy efforts, recreational cannabis remains illegal across most of the country, with exceptions in certain territories and nuanced regulations at the state level.

This guide examines the current legal status of cannabis across Australia, the latest legislative developments, and the public’s evolving stance on cannabis reform.

The growth of Australia’s cannabis market

Since 2016, Australia's cannabis market has seen remarkable growth. A Statista forecast suggests that cannabis revenue in Australia will reach AU$3.73 billion by 2024, with further growth expected.

Medical cannabis approvals surged by 120 percent in early 2023, showcasing the increasing demand for legal cannabis products.

Legal challenges to recreational use

In recent years, the Australian Greens introduced the Legalising Cannabis Bill 2023, a landmark proposal to legalize recreational use. The bill proposed that adults could grow up to six plants per household and possess up to 50 grams of cannabis.

While the Senate recommended against passing the bill, the Greens continue to advocate for legal change.

State-by-state breakdown of cannabis laws

New South Wales

In New South Wales, possession remains illegal, but offenders may receive cautions instead of criminal charges for minor amounts. The state has recently focused on expanding its hemp industry and continues to assess public attitudes toward cannabis reform.

Victoria

Victoria led the country in allowing medicinal use for epilepsy patients. Although recreational cannabis remains prohibited, there are ongoing discussions about reform, particularly with a new driving trial examining how cannabis use affects driving abilities.

Queensland

Queensland enforces strict penalties for illegal cannabis activities, although the state has seen increasing support for legal reform. Legalise Cannabis MPs and advocates are pushing for policy changes to permit limited personal possession.

South Australia

South Australia continues to impose strict penalties for cannabis possession and distribution. Although recent reform attempts have stalled, local advocates remain vocal, especially regarding medical users’ right to avoid THC-related driving penalties.

Western Australia

In Western Australia, cannabis possession under 10 grams may only result in a caution, but larger quantities carry substantial penalties. Despite recent unsuccessful legislative attempts to ease restrictions, local advocates seek to open discussions around legal reform and industrial hemp opportunities.

Tasmania

Tasmania has slowly eased restrictions on medicinal cannabis access. While personal possession is prohibited, general practitioners can prescribe medicinal cannabis for approved conditions, though additional approvals may be necessary for extended use.

Northern Territory

In the Northern Territory, small cannabis possession is largely decriminalized, yet possession in public spaces or cultivating more than a few plants is still punishable by imprisonment. Medical cannabis access remains limited due to geographic and regulatory challenges.

Australian Capital Territory

The Australian Capital Territory (ACT) legalized personal possession of small quantities for residents over 18, making it the only region in Australia to have a legal recreational framework. Federal laws, however, conflict with ACT’s stance, leaving the legality in a complex, shifting state.

Shifting public sentiment and future outlook

Public support for cannabis legalisation in Australia has steadily grown, with a majority of young adults now backing reform. Multiple polls have indicated rising acceptance, and although many state governments remain hesitant, these views reflect a likely catalyst for future changes in cannabis policy nationwide.

Personal perspective

It’s clear that public support will continue to shape the debate, likely pushing lawmakers toward more progressive regulations.

The current tension between federal and regional perspectives underscores the complexity of cannabis reform, and it will be fascinating to see how Australia navigates this path in the coming years.