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Majority of Australians Support Cannabis Legalization, and Legislators are Taking Notice

Cannabis Legislation in Australia

For decades there has been a conversation in Australia about decriminalizing cannabis. Recent research now indicates that the majority (66%) of the Australian population supports decriminalization of possession of small amounts of cannabis for personal use. Legislative trends toward legalization in Australia are picking up speed as community attitudes change.

Current Legal Status of Cannabis in Australia

Growing cannabis for medicinal and scientific purposes was legalized under federal law in 2016. Low-THC hemp foods were then legalized federally in 2017. Recreational use, though, remains prohibited under federal law. Similarly, at the state and territory level it is mostly illegal to use, possess, grow, and sell cannabis.

Proposed Legislation for Legalizing Recreational Cannabis in Australia

If passed, the Legalising Cannabis Bill 2023 would change the federal landscape. It would legalize cannabis for adult recreational use in Australia. The Bill would establish the Cannabis Australia National Agency as a statutory agency to register cannabis strains and regulate cannabis activities. These activities include growing and possessing plants, processing, manufacturing, and selling cannabis products, operating cannabis cafes, and importing and exporting cannabis products.

The Senate Legal and Constitutional Affairs Committee is presently conducting an inquiry into the Bill. The Bill is expected to be debated in federal parliament later this year. Despite shifting public attitudes federal legalization may still be a way off. The federal Bill has been promoted by a minority party and it does not have the support of the ruling party or the major opposition party. It also lacks the support of the Australian Medical Association.

Just as in the United States, cannabis legislation in Australia at the state level has been out of step with federal legislation, but there is rapid change afoot. Since 2020, possession of small amounts of cannabis, growing small numbers of plants, and using cannabis at home have been legalized in the Australian Capital Territory. The New South Wales parliament is now considering bills for legalization, including for medicinal users while driving. In Victoria, parliament is debating measures that would allow adults to legally possess small quantities of marijuana for personal use.

Australia’s state legislatures will move at different speeds on this issue, but undeniably they are moving quickly in response to public sentiment, which shows majority support for legalization of adult/recreational cannabis.

Understanding Australia Cannabis Guidelines

As in the United States and other areas of the world, Australian cannabis law has undergone significant changes in recent years. In 2016, the parliament amended the Narcotic Drugs Act to legalize cannabis growing for scientific and medical applications. In 2017, Food Standards Australia New Zealand made human consumption of hemp legal.

While recreational cannabis use is largely illegal in Australia, the rules differ in each of the country’s eight states. An experienced Australian cannabis lawyer can help you understand the guidelines that apply to your area:

• New South Wales: While the use, supply and possession of cannabis is still illegal in NSW, individuals with less than 15 grams will only receive a warning for a first offense. Doctors can prescribe medical cannabis upon approval.
• Victoria: Recreational cannabis use is illegal, although first offenders with 50 grams or less typically receive a warning and directions to attend drug counseling. Possessing 250 grams or 10 plants is considered trafficking.
• South Australia: Cannabis flower, oil and resin are illegal to keep, sell or gift to others in South Australia. Individuals convicted of trafficking can receive up to a $1 million (AUD) fine and 15 years to life in prison.
• Western Australia: In Western Australia, the possession of 10 grams or less of cannabis results in an intervention process to avoid a conviction. Having more than 10 grams and up to 100 grams carries a fine and two years in jail.
• Tasmania: General practitioners can prescribe cannabis if they deem it medically appropriate and receive Commonwealth and state approval. However, unsanctioned possession of cannabis and the utensils to prepare, smoke or inhale it are illegal. Police may issue up to three warnings for possessing less than 50 grams.
• Northern Territory: Possession of even a small amount of cannabis in a public area in the NT can lead to imprisonment. Having less than 50 grams in a private residence can result in a fine. Cultivating five plants or less can also lead to imprisonment, and more than 20 plants carries a maximum lifetime sentence.
• Queensland: In Queensland, the growing and recreational use of cannabis are illegal under four different acts. Supply, production and trafficking carry a maximum penalty of up to 20 years in prison. Medical practitioners can prescribe cannabis with proper authorization.
• Australian Capital Territory: ACT residents aged 18 or older can legally possess up to 50 grams of dry cannabis or 150 grams of wet product. They can also grow up to two plants per individual and four per household. Exceeding these limits can result in fines but no criminal charges.

A Harris Sliwoski Australian cannabis attorney can further advise you regarding state-specific legalities.