Download this fact sheet: Cannabis 3.18 [PDF: 427 KB]
Introduction
The possession, use and supply of cannabis is illegal in Australia, however, there are no national laws dealing with cannabis-related offences. Each state and territory enacts its own legislation. In some states, there are criminal penalties for cannabis possession, use and supply, while in others there are civil penalties for minor cannabis offences.
This fact sheet outlines the current laws relating to cannabis offences in Australia.
Diversion
Despite differences in civil and criminal penalties for cannabis-related offences, all Australian states and territories have implemented systems to divert nonviolent, minor and early cannabis offenders from the legal system. This provides people with an opportunity to deal with their cannabis use before they receive a criminal conviction. Thus, in states where cannabis-related activities are considered criminally punishable, it is rare for early offenders possessing small amounts of cannabis to receive a criminal conviction.
Cannabis cautioning schemes are used in several states (see Table). These schemes involve issuing a cautioning notice to minor, early cannabis offenders (excluding dealers or violent offenders) rather than initiating criminal proceedings. All cautioning systems incorporate an educational component on the harms of cannabis.
Penalties for minor cannabis offences
|
Jurisdiction |
Amount of cannabis |
Penalty |
| Prohibition with civil penalty schemes (infringement notices) |
|
| South Australia (1987) |
Less than 100 grams and no more than one plant (recently reduced from three) |
60 days to pay — adults only. Fines between $50 and $150, where failure to pay usually results in a conviction |
| Australian Capital Territory (1992) |
Not more than 25 grams or five plants |
60 days to pay — adults and juveniles. $100 fine, where failure to pay does not usually lead to a conviction |
| Northern Territory (1996) |
Less than 50 grams and no more than two plants |
28 days to pay — adults only. $100 fine, where failure to pay results in a debt to the state but not conviction |
| Western Australia (2004) |
Less than 30 grams and no more than two plants |
28 days to pay — adults only. $100-200 fine or attendance at a specified education session |
| Prohibition with cautioning and diversion to treatment |
|
| Tasmania (1998) |
Less than 50 grams, plants excluded |
Caution for first three offences |
| Victoria (1998) |
Less than 50 grams, plants excluded |
Up to two formal cautions for those aged over 17 years |
| New South Wales (2000) |
Less than 15 grams |
Statewide trial extended. Up to two formal cautions |
| Queensland (2001) |
Less than 50 grams |
Mandatory assessment and brief intervention session |
Other states use cannabis infringement notice systems that involve the payment of a fine rather than legal action. As with other diversionary measures, cannabis infringements do not apply to violent offenders, dealers or people with significant contact with the law. If the fine is not paid within a specified time, further legal measures are taken with the possibility of criminal conviction.
Penalties for minor cannabis offences
Conviction for a criminal offence attracts a criminal record and may be punishable by harsh penalties, such as incarceration and major fines. In contrast, civil penalties do not result in a criminal record and are generally handled by lesser fines or mandatory treatment. The Table outlines the infringements and related penalties in each state and territory of Australia.
Penalties for major cannabis offences
The penalties for major cannabis offences also vary from state to state. However, convictions for cultivation, trafficking or possession of commercial quantities of cannabis usually attract significant jail sentences and large fines. It is extremely difficult to predict the penalty or sentence for any given offence, as this will depend on the circumstances of the offence, the person's previous convictions (if any), the person's age, employment history, background, and a range of other factors.
Federal offences
The Commonwealth Government has jurisdiction over anyone importing, attempting to import, or conspiring to import, narcotic goods into Australia.
More information
For more information about cannabis law in Victoria, contact Victorian Legal Aid on tel. 1800 677 402 or visit: http://www.legalaid.vic.gov.au