Please note that the information given on this page does not constitute legal advice and should not be relied upon in this way. The information is correct at the time of publication. People wanting legal advice on this issue should consult a lawyer.
Laws regulating legal drugs
Alcohol
Alcohol use is legal for those aged 18 years or over. There are laws governing how alcohol may be used. These laws may differ, depending on the state, territory or local area. For example, in some areas local by-laws make it illegal to drink alcohol in public places such as beaches, parks and streets.
Laws relating to persons aged under 18 years differ between states and territories, and depend on where the alcohol is being supplied and consumed. Generally it is not an offence for an under-18 year old to consume alcohol in a private home but, for example, in NSW, you are committing an offence if you supply or buy alcohol for a minor without being authorised to do so by the minor’s parents or guardian. Local by-laws may prohibit any alcohol being supplied in public places or hired halls. You need to check your local and state laws.
Legal obligations to address alcohol or other drug issues at work arise through the general "duty of care" provisions that require employers to take all "reasonable" or "practicable" steps to ensure the health and safety of all workers and any other people who may be affected by the undertakings of the employer. The alcohol and work website has more information about laws relating to alcohol use at work.
For more information contact a legal organisation to find out the laws that apply to your state, territory or local area.
Tobacco
Australian law makes it an offence to sell or supply tobacco products to a person under the age of 18 years. It is illegal for anyone under 18 to purchase tobacco products.
There are also a number of laws regulating and restricting the advertising, promotion and packaging of tobacco products.
Regulations have been introduced to restrict smoking in public areas such as shopping centres, restaurants and dining areas, and in some workplaces.
Illegal drugs
The following drugs are some of the drugs that are illegal in Australia:
- cannabis
- cocaine
- ecstasy (MDMA)
- GHB
- heroin
- LSD
- PCP.
The use of the following drugs is restricted and can only be prescribed by a medical practitioner for medical reasons:
- amphetamines
- benzodiazepines
- ketamine.
It is an offence to possess these drugs without a prescription, or make false representations to obtain a drug or a prescription for a drug or to fill a prescription from an authorised person.
Inhalant abuse
It is not a criminal offence anywhere in Australia to use or to possess volatile substances used as inhalants. If a police officer believes someone is intoxicated, they are generally able to detain the person. New laws about inhalants came into effect in Victoria in 2004. Some communities in Western Australia and South Australia have passed local by-laws to make petrol sniffing an offence. While some inhalants are restricted, most inhalants are common household products, so it is not practical to make them illegal. It is also unlikely that this would help protect young people from harm. However, it is illegal for retailers to sell products to someone if they believe that they are to be used for inhaling.
The laws
Each state and territory has laws governing the manufacture, possession, distribution and use of drugs, both legal and illegal. Drug laws in Australia distinguish between those who use drugs and those who supply or traffic drugs. The Federal Customs Act covers the importing of drugs, while each state has laws governing the manufacture, possession, distribution and use of drugs, both legal and illegal.
The Drugs, Poisons and Controlled Substances Act (DPCSA) includes these major drug offences: use, possession, cultivation, and trafficking.
Use includes smoking, inhaling of fumes, or otherwise introducing a drug of dependence, into a person's body (including another person's body). A drug is defined as a "drug of dependence" if listed as illegal except under prescribed conditions. Generally there is a lesser penalty for the use of cannabis compared to other drugs.
Possession is the most common offence. Possession means having control or custody of a drug. Knowledge of such possession must be proven in court. Possession applies both to drugs found on the person or their property, unless it is proven the drugs do not belong to that person. In Victoria, those found in possession of a small quantity of cannabis (50g or less) for the first time are cautioned formally then referred to a drug treatment centre. The penalty for the possession of drugs not related to trafficking is a maximum fine of $3000, or one year imprisonment, or both.
Cultivation is the act of sowing, planting, growing, tending, nurturing or harvesting a narcotic plant. Any of these activities constitutes the offence of cultivation. If a person cultivates "a trafficable quantity", or intends to sell even a small quantity, it is likely that charges for possession, cultivation and trafficking will be laid.
In Victoria if the court is satisfied that the cultivation of cannabis is not related to trafficking, then the penalty is a fine not more than $2000 and/or imprisonment not longer than one year. The possession of another illicit drug not related to trafficking attracts a maximum penalty of $180 000 and/or 15 years imprisonment
Trafficking is a very serious offence. (The DPCSA defines trafficking to include: the preparing of a drug of dependence for trafficking; manufacturing a drug of dependence, or selling, exchanging, agreeing to sell, or offering for sale, or having in possession for sale, a drug of dependence.) If this is done in commercial quantities, the penalties are extremely severe. Bail may be refused unless there are exceptional circumstances. The criminal charge of murder is the only other offence that has a similar bail condition. In Victoria, the penalty for trafficking a commercial quantity of a drug of dependence is a maximum of 25 years imprisonment and up to a $300 000 fine. The penalty for trafficking a large commercial quantity is a maximum fine of $500 000 and/or life imprisonment.
Drugs and driving
It is illegal to drive under the influence of drugs. Breaking this law carries penalties including disqualification from driving, heavy fines and/or imprisonment.
Some states are introducing random roadside testing for cannabis and amphetamines.
More on drugs and driving.
More information