By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 11 April 2026.
Key points
- Possessing or using any prohibited drug, or possessing or growing a prohibited plant, carries a maximum of a $2,000 fine, 2 years' jail, or both. It is the same for cannabis and every other drug, and there is no separate first-offence penalty.
- A used pipe or bong with a drug in or on it is a separate offence with a higher maximum: $36,000, 3 years, or both.
- Police diversion, no court: a Cannabis Intervention Requirement for 10 g or less of cannabis or a used implement (one session within 28 days; once as an adult), or an Other Drug Intervention Requirement for small amounts of other drugs (three sessions within 42 days; once). Completing it ends the matter.
- No "section 19 discharge": it was deleted in 1998, and a WA court cannot find an adult guilty without recording a conviction. The court can make a spent conviction order at sentence.
- Supply is presumed from 100 g of cannabis, 20 g of resin, 10 cannabis plants, or 2 g of most other common drugs.
- If you have been charged, call 1800 577 015 at any hour: free general legal information, and a 60-minute consultation with a lawyer who practises in WA for a fixed $295.
In Western Australia, possessing any prohibited drug, including cannabis, carries a maximum of a $2,000 fine, 2 years' jail, or both; police can instead give a person found with 10 g or less of cannabis a Cannabis Intervention Requirement, and completing one counselling session within 28 days ends the matter without a court case.
Checked on 23 October 2026 against the Misuse of Drugs Act 1981 (WA), the Misuse of Drugs Regulations 1982 (WA), the Sentencing Act 1995 (WA), the Spent Convictions Act 1988 (WA), the Mental Health Commission, WA Police, the Magistrates Court of WA and Legal Aid WA.
The offences and maximum penalties
| Offence (Misuse of Drugs Act 1981) | Maximum |
|---|---|
| Possessing or using a prohibited drug (section 6(2)) | $2,000 fine, 2 years' jail, or both |
| Possessing or growing a prohibited plant, such as cannabis (section 7(2)) | $2,000 fine, 2 years' jail, or both |
| Possessing a pipe, bong or other implement with a prohibited drug or plant in or on it (section 7B(6)) | $36,000 fine, 3 years' jail, or both |
| Being found in a place used for smoking a prohibited drug or plant other than cannabis (section 5(1)(e)) | $2,000 fine, 2 years' jail, or both |
| Possessing with intent to sell or supply, making, or supplying (section 6(1), a crime) | $100,000 fine, 25 years' jail, or both; life for a trafficable quantity of methylamphetamine; lower maximums for cannabis-only supply |
- One maximum for every drug: the Act gives the same maximum for possessing cannabis, methylamphetamine, cocaine, heroin, MDMA or any other prohibited drug, and has no first-offence tier.
- Possession is wider than holding something: it extends to having control of it or the power to dispose of it. The Act sets no minimum amount.
- Supply includes handing a drug to a friend, which is a crime.
- A prescription or licence is a defence, but the person relying on it must prove it.
- Where it is heard: simple possession offences are dealt with in the Magistrates Court. Jail is a last resort: a court may impose it only if no other sentence can be justified or the community needs protection.
When supply is presumed
If you have at least the amount below, the law presumes you had it to sell or supply, unless you prove otherwise. Below these amounts, the prosecution must prove an intent to supply by other evidence.
| Drug or plant | Supply presumed from |
|---|---|
| Cannabis | 100 g |
| Cannabis resin | 20 g |
| Cannabis cigarettes | 80 cigarettes |
| Cannabis plants | 10 plants |
| Methylamphetamine, amphetamine, cocaine, heroin, MDMA, GHB | 2 g each |
| Psilocybin | 0.1 g |
| LSD | 0.002 g |
| Opium poppy plants | 25 plants |
Police diversion: no court case
Police can deal with some drug offences without any court case, through two notices. It is their decision whether to give one.
- Cannabis Intervention Requirement: for possessing or using 10 g or less of cannabis (not plants being grown, resin or other cannabis derivatives), or a used implement with cannabis on it. It must be given within 60 days of the offence. An adult can receive one only once as an adult; a young person can receive up to two. The Mental Health Commission says it applies from age 14.
- What you do: within 28 days, either complete one Cannabis Intervention Session with a counsellor (about an hour to an hour and a half) or elect in writing to go to court. Book on 1800 722 362, 7am to 7pm every day; no reminders are sent. Police can extend the 28 days, even after they have passed.
- The effect: completing the session in time stops any prosecution or penalty, and completing it is not an admission. If you do not complete it, police may charge you; nothing happens automatically.
- Other Drug Intervention Requirement: a WA Police scheme for adults found with a small quantity of other drugs (including cannabis resin, oils and synthetic cannabinoids). It is available once, and having had a Cannabis Intervention Requirement does not rule it out. You complete three 60-minute sessions with an alcohol and drug counsellor within 42 days (book on 1800 722 362); completing them ends the matter, and otherwise it goes to court. If you cannot finish in time, apply in writing for an extension, using the contact details on your notice.
If you go to court
- There is no "section 19 discharge" in WA. Section 19 of the Sentencing Act 1995 was deleted in 1998, and a WA court has no power to find an adult guilty without recording a conviction.
- Spent conviction order: at sentence, together with no sentence, a conditional release order, a fine, a suspended fine or a community based order (but not an intensive supervision order or any jail), the court can order the conviction spent if it considers you unlikely to offend that way again and the offence is trivial or you were of good character. Legal Aid WA says the conviction is then spent at once and will not appear on a National Police Certificate. It has to be asked for at sentence.
- No sentence: where the circumstances are trivial or technical, the court can release you without a sentence; you are still taken to have been sentenced.
- Alcohol and Other Drug Diversion Program: a voluntary Magistrates Court program, running since 4 January 2021 (it replaced the Pre-sentence Opportunity Program). If the magistrate agrees, you are remanded to attend at least three treatment sessions before sentencing. It is best suited to people new to court; some serious histories exclude you. Information: 9442 5000, or 1800 198 024 from the country.
- Perth Drug Court: for people with a serious drug problem who indicate a guilty plea and are willing to do treatment; violence, sex offences, manufacture and some other charges can exclude you.
- Start Court (Perth): for adults with a mental health condition who accept they committed the offence and are eligible for bail; up to six months.
- Adjournment: sentencing can be put off for any proper reason, but not for more than 6 months after conviction.
Spent convictions later
Without a spent conviction order, a lesser conviction (no more than 1 year's jail and a fine under $15,000) can be made spent on application to the Commissioner of Police once the waiting period has passed: 10 years, or 3 years for a conviction (from 1 August 2011) for possessing or using cannabis or a cannabis implement, not plants being grown, resin or other derivatives. Once spent, a conviction generally need not be disclosed, but Legal Aid WA lists many exceptions, including police, prison and transport jobs, work in schools, hospitals and child care, some special licences and Australian visa applications. A spent conviction still counts if you are sentenced for a new offence.
Free help in Western Australia
| Service | Number | Hours |
|---|---|---|
| Legal Aid WA Infoline | 1300 650 579 | 9am to 4pm, Monday to Friday (WA time) |
| Legal Aid WA Legal Yarn (First Nations callers) | 1800 319 803 | 9am to 4pm, Monday to Friday (WA time) |
| Cannabis Intervention Session and drug intervention bookings | 1800 722 362 | 7am to 7pm, every day |
Legal Aid WA has duty lawyers at the Magistrates Court; it normally does not grant legal aid for Magistrates Court charges unless there are special circumstances. The Aboriginal Legal Service of WA (freecall 1800 019 900 from anywhere in WA, or (08) 9265 6666 in Perth) gives advice and representation in all courts, and runs a Custody Notification Service at all hours.
How Go To Court Lawyers can help
Our free line, 1800 577 015, answers at any hour. Jen, our AI legal information assistant, gives general legal information and takes your details; Jen is not a lawyer and does not give advice about your case. A 60-minute consultation with a lawyer who practises in Western Australia is a fixed $295, by phone, video or in person where the lawyer offers it. The lawyer can advise on the charge and the evidence, whether to plead guilty, the court diversion programs, and how to ask for a spent conviction order at sentence. Requests are taken at any hour; how soon a lawyer can see you depends on who is available. Request a $295 consultation.
General information only, not legal advice. Updated 23 October 2026. Checked against the Misuse of Drugs Act 1981 (WA) (as at 13 May 2026), the Misuse of Drugs Regulations 1982 (WA), the Sentencing Act 1995 (WA), the Spent Convictions Act 1988 (WA), the Mental Health Commission's diversion page, WA Police's drug diversion page and extension form, the Magistrates Court of WA's diversion program, Drug Court and Start Court pages, Legal Aid WA and the Aboriginal Legal Service of WA, on 23 October 2026.