New Zealand maintains a cautious cannabis framework, with recreational weed remaining illegal while regulated medical marijuana is permitted under national law. Adults are not legally allowed to possess or use cannabis for non-medical purposes, following the narrow rejection of legalization in the 2020 referendum, though police may exercise discretion for small personal-use offenses. At the same time, patients can access prescribed medical cannabis products through the country’s Medicinal Cannabis Scheme, while CBD remains prescription-only. This page explains New Zealand’s current marijuana legality, including recreational restrictions, medical cannabis access, CBD rules, enforcement practices, and how the country’s laws compare internationally. For readers who want to see how New Zealand’s approach differs 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 New Zealand
1. Recreational Cannabis
- Legal Status: Illegal
- Law: Misuse of Drugs Act 1975
- Possession: Criminal offense, but police may issue a warning instead of prosecution for small amounts.
- Cultivation/Distribution: Strictly prohibited; penalties include fines and imprisonment.
- 2020 Referendum: Voters rejected legalization (50.7% against, 48.4% in favor).
2. Medical Cannabis
- Legal Status: Legal (with prescription)
- Law: 2018 Amendment to the Misuse of Drugs (Medicinal Cannabis) Act
- Access: Available by doctor’s prescription.
- Products Allowed: Capsules, oils, and other GMP-certified cannabis medicines.
- Medicinal Cannabis Scheme (since April 2020): Regulates local production and quality standards.
3. CBD Products (Cannabidiol)
- Legal Status: Legal (with prescription)
- Conditions:
- Must contain less than 2% THC
- Must meet pharmaceutical-grade standards
- Over-the-counter CBD: Not legal
4. Enforcement and Trends
- Police Discretion: Increasingly used for minor personal use offenses.
- Diversion Programs: Preferred over prosecution for low-risk users.
- Public Debate: Ongoing discussions about reform, but no legislative change since the failed 2020 referendum.
Summary
- Recreational use: Illegal
- Medical use: Legal with prescription
- CBD (low THC): Legal with prescription
- Future outlook: No immediate plans for legalization, though public and political debate continues.
