Marijuana in Australia: what is allowed and what is at risk (2026)

This entry describes the law of the Australian Capital Territory, that is, the Canberra district. Other states and territories have their own regulations, which our material does not cover, so you will not find answers here to the question of what is allowed in Sydney or Melbourne.

A disclaimer is necessary because Australia is often described as a single legal order, which it is not. Below is what is directly derived from the text of the drug law applicable in this one territory.

Legal status checked on September 5, 2026, in the republication of the law effective from November 16, 2025. This is a description of the regulations of one territory, not legal advice.

Is possession of marijuana in Australia punishable?

Formally yes, but an adult has been exempted from this regulation. Article 171AA paragraph 3 states that paragraph one does not apply to a person who is over 18 years old and possesses cannabis in the territory, provided that the amount does not exceed a small amount.

The structure is the opposite of that in Europe and is worth remembering. The act remains in the law, and the adult person present is exempted from it. Possession has not been decriminalized here, only a category of persons to whom the regulation does not apply has been indicated.

Above the small amount, responsibility returns in full. It then threatens up to fifty penalty units, six months of imprisonment, or both penalties at once, and there is no exclusion here based on age.

Both paragraphs have an exception for patients. They do not cover a person whose territory law allows to possess cannabis under a separate Medicines, Poisons and Therapeutic Goods Act, and this pathway is described below.

The Australian solution is unique in this comparison because it operates at the level of the person, not the amount. How this boundary looks elsewhere is shown by our map of marijuana legality.

How much marijuana is allowed in Australia?

Four plants per property and a small amount for dried cannabis, although the latter number is not specified by the law. The law defines a small amount as not exceeding that specified by the regulation, so the weight is in the executive act. We have not read this regulation and do not guess its content.

This is the only place in this entry where there is a gap, and we prefer to name it rather than fill it with a value from secondary research. The weight given without indicating the regulation looks just as credible as the one read, and for the reader, the difference is essential.

For plants, the law is specific, and different from what popular compilations claim. It is a crime to grow a cannabis plant on a property where more than four plants are grown. There is no limit of two plants per person: it counts how many grow at the address.

The difference between property and person is practically significant. Four adults living together do not get sixteen plants, but share the same four, because the regulation ties the limit to the place, not the number of residents.

To the element described as more than four, objective responsibility applies. The defense is to demonstrate that the perpetrator lived there and did not know or could not reasonably expect that more were growing.

What is the penalty for exceeding the threshold in Australia?

The law counts penalties in penalty units, not in dollars, and we have not established the value of such a unit at the source, so we do not convert it to zlotys. This is an important disclaimer because without it, the numbers below would look like amounts, and they are not. A penalty unit is a statutory measure, not an amount.

The scale looks as follows. Possession of more than a small amount: up to fifty penalty units, six months, or both penalties. Cultivation on a property with more than four plants: up to fifty penalty units, two years, or both penalties.

Growing in a place other than where the perpetrator lives, or in a place legally accessible to the public, is punished the same way. A separate crime is improper storage: anyone who possesses harvested cannabis and does not keep it out of reach of children is subject to a penalty of up to fifty penalty units and two years.

In this last case, the defense is to demonstrate that the perpetrator took all reasonable steps. The structure is therefore similar to that regarding the number of plants: responsibility arises from the mere state of affairs, and the defense is made by demonstrating due diligence.

Smoking in a public place is separately punishable, with a penalty of up to thirty penalty units. The same penalty applies for smoking when a child is exposed to smoke or vapor, with the law explicitly covering vapor as well, not just smoke.

Does Australia have a medical marijuana program?

The Drugs of Dependence Act of this territory does not create a program, but makes room for it. The possession regulations do not apply to a person authorized to possess cannabis under the territorial Medicines, Poisons and Therapeutic Goods Act or other territory law. The criminal law refers here to a completely different act.

This is a reference, not a regulation. The criminal law removes the obstacle for a person who already has the authorization, but does not say a word about how to obtain such authorization or who decides on it.

We have not investigated the proper access pathway and we state this directly. In Australia, it is led by the federal drug agency, and its service did not respond in time, so the conditions for the patient are not established by this material.

We do not fill this gap with secondary research. The conditions for access to the medical program are exactly the kind of information where an outdated or approximate version costs the patient the most.

It is also worth remembering the level of regulation. Medical access is led in Australia by a federal agency, while the criminal exclusion described above operates at the territory level, so both things are governed by different regulations.

Is it allowed to grow cannabis for personal use in Australia?

The law describes three separate crimes related to cultivation, each punishable by up to fifty penalty units and two years of imprisonment. These are cultivation on a property where more than four plants grow, cultivation in a place other than the perpetrator’s residence, and cultivation in a place legally accessible to the public.

The first of these has objective responsibility regarding the number of plants, and this is the most surprising element of the entire structure. One does not need to know how many grow at the address to be liable for exceeding the limit.

The effect impacts roommates. A person who planted one plant themselves is also liable when others were planted by someone else, unless they demonstrate that they did not know and could not reasonably expect the presence of those others.

The second and third crimes concern the place, not the number. Cultivation outside one’s own residence is punishable regardless of how many plants grow there, just as cultivation in publicly accessible space.

The three provisions together form a coherent principle: it is allowed to have little, at home, and out of reach of outsiders. Any deviation from any of these three conditions has its own penal provision.

Frequently asked questions

Is marijuana legal in Australia?

This entry describes only the Australian Capital Territory. There, an adult who is over 18 years old and possesses a small amount in the territory is exempt from the possession regulation. Other states have their own regulations.

How many cannabis plants are allowed in Canberra?

Four, but counted per property, not per person. It is a crime to grow a cannabis plant on a property where more than four plants are grown, regardless of the number of residents.

How much dried cannabis is in the Australian small amount?

The law does not specify this number. It defines a small amount as not exceeding that specified by the regulation, and we have not read that executive act, so we do not provide the weight.

What is the penalty for exceeding the plant limit?

Up to fifty penalty units, two years of imprisonment, or both penalties. Objective responsibility applies to the element described as more than four, and the defense is to demonstrate a lack of knowledge about the other plants.

Is it allowed to smoke marijuana on the street in Canberra?

No. Smoking in a public place is punishable by up to thirty penalty units. The same penalty applies for smoking when a child is exposed to smoke or vapor, and the law explicitly covers vapor as well.

Does Australia have a medical marijuana program?

The territory law does not create a program, but exempts a person already authorized under another act from criminal regulations. This material does not describe the proper access pathway, led by a federal agency.

Sources

This article is for informational and educational purposes only and does not constitute legal advice. The legal status described in the article is valid as of the date of publication: regulations regarding cannabis may change. Before making a decision, consult a lawyer or current legal acts.

Author: Michał Waluk