Cannabis and the Law (ACT)
In 2019, the ACT decriminalized the personal use of cannabis through the passage of the Drugs of Dependence (Personal Cannabis Use) Amendment Act 2019. It is now lawful for an adult to possess or cultivate a small quantity of cannabis for their own use in the ACT. This page deals with cannabis and the law in the ACT.
Is cannabis now legal in the ACT?
In the ACT, it is now legal for an adult to possess up to 50 grams of dried cannabis or up to 150 grams of fresh cannabis. However, it is an offence to sell or share cannabis with others.
It is legal for an adult to smoke or otherwise consume cannabis in their own home. However, it is an offence to use cannabis in a public place or in the presence of a person aged under 18.
Cannabis offences in the ACT
The ACT still has many criminal offences involving the use of cannabis.
Possessing cannabis
Under section 171AA of the Drugs of Dependence Act 1989, it is an offence for a person who is aged under 18 to possess less than 50 grams of dried cannabis or less than 150 grams of fresh cannabis. This is publishable by a fine of one penalty unit.
Under the same provision, it is an offence for any person (adult or child) to possess more than 50 grams of dried cannabis or more than 150 grams of fresh cannabis. This is publishable by a fine of up to 50 penalty units or imprisonment for up to two years, or both.
Cultivation of more than four cannabis plants
Under section 171AAA of the Drugs of Dependence Act 1989, a person commits an offence if they cultivate more than four cannabis plants at premises. This is punishable by a fine of up to 50 penalty units or imprisonment for two years, or both.
Cultivation of cannabis in public place
Under section 171AAA of the Drugs of Dependence Act 1989, a person commits an offence if they cultivate a cannabis plant at a place other than where they live or in an area that is accessible to a member of the public.
Storage of cannabis
It is an offence, punishable by up to 50 penalty units or imprisonment for two years to store cannabis within reach of children.
Trafficking
Under section 603 of the Crimes Act 2002, it is an offence to traffic in a controlled drug. Different maximum penalties, up to and including life imprisonment, apply to this offence depending on the quantity involved.
Drug driving
It is an offence to drive with THC present in one’s system in the ACT.
Reasons for the changes
The amending legislation, which came into effect in 2020, was passed due to a recognition that many people in the ACT were using cannabis and that this was an issue better addressed through the health system than through the criminal justice system.
The amending legislation was reviewed during 2024. The review found that rates of cannabis use had remained stable following the changes, that people in the ACT used cannabis at rates lower than the national average, that there had been a significant decline in cannabis-related criminal charges, that there had been no substantial change to cannabis-related presentations to hospitals, and that there did not appear to have been any changes in the price or availability of cannabis.
Other jurisdictions
The ACT is the only Australian jurisdiction to have decriminalized the possession of cannabis. In other states and territories, it remains an offence to possess even a small quantity of marijuana. However, in many other jurisdictions around the world, it is legal to consume and purchase cannabis. This is the case in Thailand, the Netherlands and many states of the US.
If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.