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Is Cannabis Legal in Canberra?
Andrew Byrnes Law Group • Mar 28, 2023
Are you facing legal charges due to cannabis use, possession, or cultivation? Come to Andrew Byrnes Law Group for skilled and expert legal advice and representation from a skilled criminal lawyer in Canberra. We are experienced in handling drug cases including cannabis charges in the ACT as well as in NSW.
Over the years, the use of cannabis for medicinal and recreational purposes has remained controversial due to its potential health benefits and risks. While there is a wide range of public opinion on the subject, the Australian government made a few changes with regards to the personal use of cannabis among individuals with medical conditions.
Cannabis, or also known as marijuana, is the most commonly used illicit drug in Australia. Although it is still illegal in most states and territories, the Australian state government has passed legislation that allows for possession and use of medicinal cannabis products that varies from state to state. To understand more of this law, here's a quick overview of what's allowed.
Is Cannabis Legal in the ACT?
Possession and use of cannabis remain illegal in the ACT but it has been decriminalised. On January 31, 2020, the Australian Capital Territory implemented
new laws regarding the personal use of cannabis in an effort to encourage people to receive support from the healthcare system and keep them out of the criminal justice system. While certain rules have been changed, others have remained the same.
According to the new ACT laws, an individual aged 18 and above can possess cannabis following these conditions:
- an individual can only possess up to 50 grams of dried cannabis or equivalent to 150 grams of fresh cannabis
- each individual is permitted to grow up to two cannabis plants, and a maximum of four plants for every household.
- cannabis can be used inside the home for personal use
Is It Legal to Grow Marijuanas in NSW?
Under the Drug Misuse and Trafficking Act 1985 (NSW), cannabis cultivation for personal use remains illegal. Hence, it is considered a criminal offence to grow, possess, or supply the prohibited plant in NSW.
Under the cannabis laws (NSW), sentences and penalties regarding the cultivation of cannabis can range from 2 to 24 years imprisonment depending on the number of plants, method of cultivation, purpose, and whether you have been legally cultivating marijuana in Australia.
Is It Illegal to Smoke Weed in Your Home?
Most states and territories in Australia prohibit the use, possession, cultivation, and sale of cannabis. However, there is an exception in the ACT, where their laws governing cannabis possession, cultivation, and consumption have been changed. In the ACT, smoking or use of cannabis inside the home is allowed, specifically if intended for medicinal use.
What Is the Penalty for Growing Weed in Australia?
Growing weed in Australia is illegal and its penalties vary in severity depending on the territory or state, the amount of cannabis being grown, and the location where it is being cultivated.
In legal terms, 'cultivation' refers to growing, nurturing, or harvesting cannabis plants. Hence, to cultivate any amount of cannabis under the age of 18 years is considered a crime.
Penalties for Cultivation of Cannabis in the ACT
In the ACT, the only allowed amount to be cultivated if your are 18 years or older is up to 2 cannabis plants at your residence, and should be grown naturally. Hence, it would be considered as a crime if:
- an individual cultivates more than 2 plants
- a household cultivates more than 4 cannabis plants
- cannabis is grown using hydroponics or artificial cultivation
- cannabis is used or smoked in public areas
- cannabis is cultivated in an area that can be accessed by the public
- cannabis smoke is exposed to a child or young person
These offenses carry a maximum fine of $8,000 or a maximum sentence of two years in jail, or both.
Penalties for Cultivation of Cannabis in NSW
Under the legislation Drug Misuse and Trafficking Act 1985, the penalties for cultivating cannabis for personal use usually range from ‘small amounts of cannabis’, to ‘more than an indictable quantity but no more than a commercial quantity’.
- According to Section 23(1) of the Act, cultivating, supplying, or possessing small amounts of cannabis (1 to 5 plants) is an offence and should entail a 10 year prison sentence under the District Court or 2,000 penalty units.
- Under Section 23(2), it is illegal to cultivate, supply, or possess anything that is less than the commercial quantity. If convicted, the offender faces 15 years of imprisonment or a fine of 3,500 penalty units.
- According to Section 17 of the Crimes (Sentencing Process) Act, which specifies its value, one punishment unit is now worth $110.
Currently, there is no legal way to source cannabis seeds and use them for growing.
Can You Smoke Medical Marijuanas in Australia?
Cannabis remains to be a highly regulated drug in Australia, where a multitude of federal, state, and territorial laws ban or outlaw its use and delivery. With this, use of recreational cannabis remain illegal. Hence, an individual cannot assert that smoking cannabis was intended for 'medicinal' purposes.
Is Weed Going to Be Legal in Australia?
As much as medicinal cannabis is regulated in the ACT, legalisation in Australia regarding cannabis remains an elusive subject. As according to the new constitutional advice from The Greens, a political party in Australia, federal laws could repeal state laws in terms of
legalising cannabis for recreational use.
Takeaway
Cannabis is an illicit drug in Australia, as regulated by the federal government under the Narcotic Drugs Act 1967. Any acts associated with the cultivation, supply, or possession of cannabis is considered a crime. Depending on the severity of the offence, punishments and penalties may involve fines, imprisonment, or both.
If you have been found guilty of the offence and the prosecution has proven beyond reasonable doubt that you were engaged or participated in such activity, you can come to us at Andrew Byrnes Law Group for legal advice and assistance. Our criminal lawyers are experts in the cannabis law in Canberra and can provide you with a strong defence against any charges. Let us help you get the best possible outcome for your case.
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