Is Cannabis Legal in Australia?
Written by
Cannabis Medicine Australia Team
Last updated: October 25, 2024
Understanding the legal status of cannabis in Australia can be confusing. Two seemingly opposing statements can both be true:
- Cannabis is illegal. It is classified as a controlled substance under Australian law, and possession without a prescription can result in penalties.
- Cannabis is legal. As a prescription medicine, cannabis is available for specific medical conditions and is growing in popularity as a treatment option.
In this article, we’ll break down the legal landscape of cannabis in Australia and explain how you can access medical cannabis if it’s right for you.
The Legal Status of Cannabis in Australia
To clear up any confusion, it’s important to differentiate between recreational and medical cannabis. While they may both involve the same plant, their legal frameworks are vastly different in Australia.
Recreational Cannabis
Recreational cannabis is cannabis used for personal enjoyment or the “high” associated with its psychoactive compound, THC (tetrahydrocannabinol). In Australia, recreational cannabis remains illegal in most states and territories. Cannabis is classified as a Schedule 8 controlled substance, which places it alongside drugs such as morphine and opium.
Possession, use, or cultivation of cannabis without a medical prescription can result in criminal charges. The severity of penalties varies depending on state laws, but they may include fines, mandatory drug education, or, in some cases, imprisonment.
However, there are exceptions. In the Australian Capital Territory (ACT), adults over the age of 18 are permitted to possess up to 50 grams of dried cannabis or grow two plants per person (with a maximum of four plants per household) for personal use. Despite this, selling cannabis and smoking it in public remain illegal, even in the ACT.
Medical Cannabis in Australia
Medical cannabis has been legal in Australia since 2016. Its availability is tightly regulated, and patients must go through a specific process to access it legally. Medical cannabis is primarily prescribed for chronic pain, chemotherapy-induced nausea, epilepsy, and other severe health conditions where traditional treatments have failed.
The Therapeutic Goods Administration (TGA) oversees the approval process for medical cannabis in Australia. Under the Special Access Scheme, patients can obtain medical cannabis if prescribed by an authorised doctor. Currently, the use of medical cannabis is growing across the country, with more Australians gaining access as the benefits of cannabis for various medical conditions become widely recognised.
How Can You Access Medical Cannabis in Australia?
While recreational cannabis remains illegal, medical cannabis is accessible through a structured process. Here’s how Australians can legally access medical cannabis:
- Get a Diagnosis
The first step in obtaining medical cannabis is having a confirmed diagnosis of a qualifying condition. In Australia, medical cannabis is typically prescribed for chronic pain, anxiety, epilepsy, multiple sclerosis, and conditions related to cancer, among others. - Consult with a Doctor
Not all doctors can prescribe medical cannabis in Australia. You need to see an authorised prescriber who is experienced with cannabis treatments. Some general practitioners may refer you to a specialist or a cannabis clinic to assess your eligibility. - Determine Eligibility
Before prescribing cannabis, your doctor will assess your condition and ensure that other treatments have been tried without success. In Australia, medical cannabis is generally considered when traditional therapies have not been effective. - TGA Approval
If your doctor believes you are a candidate for medical cannabis, they will submit an application to the Therapeutic Goods Administration (TGA) through the Special Access Scheme (SAS) or Authorised Prescriber Scheme. Most patients are approved within a few days. - Receive Your Prescription
Once approved, you will receive a prescription for medical cannabis, which can be in the form of oils, capsules, or dried flower for vaporisation. Your medication will be dispensed from a licensed pharmacy and can be delivered to your home.
Is Medical Cannabis Covered by the Australian Healthcare System?
One of the biggest challenges for Australian patients seeking medical cannabis is cost. Currently, medical cannabis is not subsidised by the Pharmaceutical Benefits Scheme (PBS), meaning patients must cover the full cost of their medication. Prices can vary significantly depending on the product, dosage, and frequency of use.
Some private health insurance providers in Australia are beginning to cover medical cannabis, but this is still relatively rare. It’s essential to check with your insurer to see if they offer any coverage for cannabis treatments.
What Are the Legal Penalties for Cannabis Possession in Australia?
In most states and territories in Australia, the penalties for cannabis possession depend on the amount of cannabis and whether it is for personal use or distribution.
- Fines: In states like New South Wales and Victoria, possession of small amounts of cannabis for personal use can result in fines or diversion to drug education programs.
- Criminal Charges: Larger quantities or repeat offenses can lead to criminal charges, including imprisonment.
- ACT Decriminalisation: As mentioned earlier, the ACT has decriminalised the possession of small amounts of cannabis, although this does not apply in other states.
- Medicinal Cannabis: Possessing cannabis without a prescription or using cannabis in a way not covered by a medical prescription is still considered illegal and subject to the same penalties as recreational use.
How is Medical Cannabis Administered?
In Australia, medical cannabis can be administered in several forms depending on the condition and patient preference. Common forms include:
- Oils and tinctures: These are taken orally or sublingually (under the tongue) and offer a controlled, longer-lasting effect.
- Capsules: Convenient and easy to dose, capsules provide consistent effects but take longer to work compared to vaporised cannabis.
- Vaporised dried flower: This form is inhaled and offers fast relief but is not recommended for everyone, particularly those with respiratory issues.
Is Cannabis Legal for Personal Use in Australia?
Despite growing global trends towards the legalisation of cannabis for personal use, Australia has not yet followed suit. Recreational cannabis remains illegal across the country, with the exception of the ACT. Even in the ACT, strict limits apply, and cannabis cannot be sold or consumed in public.
Conclusion
In summary, cannabis in Australia occupies a complex legal space. Recreational cannabis is illegal in most of the country, with strict penalties in place for possession and use. However, medical cannabis has been legal since 2016 and can be prescribed for a range of medical conditions.
If you’re interested in exploring medical cannabis in Australia, the first step is to consult with a qualified doctor to determine if it’s right for your condition. With the right guidance, medical cannabis can offer relief from chronic pain, anxiety, and other health issues where conventional treatments have failed.
For more information on how you can access medical cannabis in Australia, contact Cannabis Medicine Australia today.
