Australia applies a layered cannabis framework, where medical marijuana is legal nationwide under federal regulation while recreational weed remains illegal across most of the country. Adults can only legally possess or use cannabis in limited circumstances, with the Australian Capital Territory standing as the sole jurisdiction to permit personal recreational use under strict conditions. This page explains Australia’s current marijuana legality, including federal law, state and territory differences, medical cannabis access through the Therapeutic Goods Administration, and how enforcement varies by region. For readers who want to compare Australia’s cannabis laws with other locations worldwide, see our comprehensive breakdown of cannabis regulations by location across U.S. states, major cities, and countries worldwide in the Cannabis Laws by Location guide.
Table of Contents
Is marijuana legal in Australia
1. Federal Legal Status
- Recreational Use:
Illegal under the Criminal Code Act 1995. Possession, cultivation, and distribution are prohibited nationwide. - Medical Use:
Legal across all states and territories. Regulated by the Therapeutic Goods Administration (TGA) under the Special Access Scheme (SAS) and Authorised Prescriber Scheme.
Approved for conditions like:- Chronic pain
- Epilepsy
- Multiple sclerosis
- Chemotherapy-induced nausea
2. State and Territory Laws
Australian Capital Territory (ACT)
- Recreational Use:
Legalized (since January 2020) for adults:- 50 grams or more of dry cannabis
- 2 plants per person (4 per household)
- Must be for personal use only
- Federal Conflict:
Federal law still prohibits use, causing legal ambiguity.
Other States/Territories (e.g., NSW, Victoria, Queensland)
- Recreational Use:
Still illegal. - Decriminalization:
Some offer diversion programs (e.g., education or treatment instead of prosecution for small quantities).
3. Public and Political Climate
- Growing public support for broader legalization.
- National reform discussions ongoing but face political and legislative challenges.
