Canberra’s Cannabis Laws and Rules

Canberra’s Cannabis Laws and Rules

What's changing with the new cannabis laws in Australia? Here's your guide to what you can and can't do with marijuana in Canberra.

I am standing in line waiting to see Canberra’s latest cannabis clinic to open, and I thought “what’s changing with Australia’s new cannabis laws?”

Cannabis, Marijuana, 420 and Weed is now legal in Canberra. Adults can legally grow, use and smoke marijuana in Canberra for personal use. Canberra is the first region in Australia to make weed legal. It is still illegal to sell, distribute or use marijuana in public.

The summary of the rules around cannabis in Canberra are:

  • two plants per person
  • four plants per household
  • 50 grams of dry cannabis
  • smoke or use marijuana inside
  • it is illegal to smoke weed in public

We cover all there is to know about the current laws and rules around cannabis in Canberra, so read on to learn all there is to know about weed in the ACT!

Table of Contents.

Cannabis laws are changing fast and we make sure that all of our content is up-to-date, but we always recommend checking your local government’s website to understand what is legal and illegal.

An overview of what you can do with Cannabis

As of 31 January 2020, Canberra is making groundbreaking changes to drug legislation. The first time that Australians will have the support of government to smoke marijuana in their own homes recreationally.

We have broken down the rules and laws provided by Parliament into a more digestible format below.

Here’s what’s so exciting with Canberra’s new cannabis legalisation laws:

What can you do? Details Legal/Illegal
Possession of fresh cannabis 150 grams of bud (flower) Legal
Possession of dry cannabis 50 grams of bud (flower) Legal
Sharing your cannabis with friends or family Any amount Illegal
Growing cannabis indoors Any amount Illegal
Growing cannabis outdoors 2 plants per person (max 4 per house) Legal
Smoking weed in public Any amount Illegal
Smoking weed on private property Up to 50 grams per person Legal
Making weed edibles Using up to 50 grams of dry herb per person Legal

Cannabis plants have to be naturally grown outdoors and cannot be artificially grown indoors.

Possession of marijuana is for personal use. Distribution and sharing of any kind of marijuana product is still illegal.

Personal use is limited to private property and is not allowed in public.

You are allowed to buy hemp seeds legally, but buying marijuana seeds with high THC content is still undecided.

When growing, the plants have to be in a child-proof secure location in the rear of the property out of public view.

An overview of what you cannot do with Cannabis

We always recommend consulting with legal professionals if you need to confirm any laws or rules regarding drugs or cannabis.

A lot of these rules are from the Simple Cannabis Offence Notice (SCON) that has been in place since 1989.

These laws and rules may be applicable when Canberra’s new decriminalised marijuana laws are not applicable to you.

Understanding the basic rules around drugs will help avoid any unnecessary criminal charges. These rules depend on the type of cannabis plant, if it’s for personal use, quantity found, and so on.

Offence Penalty Criminal Charges
Possession of up to 50 grams $100-150 Not Criminal
Possession of up to 2 (outdoor) plants $100-150 Not Criminal
Possession of up to 2 (indoor) plants $100 Not Criminal
Cultivation of more than 2 plants Maximum $30,000 Up to 2 year’s imprisonment
Cultivation for others that intend to sell N/A Up to life imprisonment
Selling a plant Maximum $45,000 Up to 3 year’s imprisonment
Providing Medicine to people or animals $15,000 Up to 1 year imprisonment
Supplying $75,000 Up to 5 year’s imprisonment
Trafficking $45,000 Between 3 year’s to life imprisonment

If the fine is paid within 60 days, there will be no criminal charge. If it extends past the 60 days, your charges will proceed to criminal proceedings. The maximum penalty for a simple cannabis charge is $150 and a criminal conviction.

Possession of cannabis is not limited to what’s found on you at the time of a search. It can also mean what is found on your premises, vehicle, etc.

Artificial plants are talking about indoor hydro grown cannabis plants.

It is an offence to sell a cannabis plant. This includes:

  • bartered or exchanged
  • given in exchange for a favour
  • merely agreeing to sell the plant

The definition of cultivation includes:

  • planting a seed, seedling, a clone or a cutting of the plant that will grow
  • tending to a plant that is growing
  • transporting
  • harvesting

Providing medicine to others or animals when unauthorised to do so includes:

  • providing cannabis medicine
  • providing declared and illegal substances
Smoking Cannabis In Public
Smoking Cannabis In Public

There is a lot of excitement with what Australians can do with the new cannabis laws, but what can’t you do? There are a lot of restrictions, and the local police are making it clear that some activities are still illegal.

It is illegal to smoke or use cannabis in a public place. So police will consider smoking marijuana in a park or on the street illegal.

Exposing a child or young person under the age of 18 is an offence. A child cannot be within the proximity to get affected by second-hand smoke.

You have to store your cannabis in a safe and secure location away from children. Police will consider it an offence if you leave your cannabis in an easy to reach place, like a coffee table or kitchen counter.

Using artificial cannabis cultivation methods is illegal. This includes hydroponics and other commonly used indoor growing methods. This is disappointing for a lot of hobbyists looking to set up small grow rooms for personal use.

The public cannot access your cannabis plants. It is recommended to plant and grow your plants in the backyard, and they need to be secured by a fence and or gate.

Selling, sharing or giving cannabis as a gift to other people is illegal still illegal in the ACT. Carrying over 50 grams of dried marijuana will be considered intent to sell.

Driving under the influence of marijuana is illegal in Canberra.

Possession Of Cannabis In Canberra

You can carry up to 50 grams of dried cannabis inside out outside your home. Marijuana is typically the flower/bud that is dried and cured over time.

You can have up to 150 grams of fresh cannabis. These are typically new trimming and extracts of the marijuana flower.

Law enforcement has been educated on the appearance and ability to differentiate fresh and dry cannabis to measure it.

Possession of over 50 grams of dried weed is still illegal and considered “intent to sell”. If the cannabis is always fresh with moisture, then over 150 grams will be regarded as unlawful.

Growing Cannabis In Canberra

Growing Cannabis In Canberra, ACT
Growing Cannabis In Canberra, ACT

You can grow up to two cannabis plants per person for personal use for people over the age of 18.

There is a maximum of four cannabis plants per household. This limit is to ensure that shared households don’t start growing more significant amounts of marijuana that made be produced for distribution.

The ACT government is advising that patients will need to grow their cannabis plants naturally. Artificial indoor growing methods are prohibited.

The biggest question is how Australians in Canberra can start growing Canberra? Where can you buy marijuana seeds in Australia? How do you find indoor and outdoor growing equipment?

Learn more about cannabis strains and the best cannabis for medical use below

Buying seeds to grow marijuana plants

Cannabis seedlings
Cannabis seedlings

When it comes to buying seeds to grow cannabis plants in Canberra, it’s a little weird.

You can legally buy cannabis seeds with low THC for consumption and then use them to grow plants. The growing and cultivation of marijuana is limited, but legal in Canberra.

The Australia New Zealand Food Standard Code states that cannabis seeds can be purchased if they are purchased from a country where this is legal.

Keep in mind that it is still illegal to give or receive cannabis plants and seeds in Canberra.

The majority of the people in Canberra growing marijuana legally are sourcing their seeds from one of the below sites.

Smoking, Eating and Drinking Cannabis In Canberra

The question everyone is asking is “how will it work when marijuana is legal?”. In short, Australians are allowed to consume cannabis in their homes for personal use.

There will not be any Weed Cafes, marijuana dispensaries or smoke lounges opening up in Canberra.

The main focus on the new legislation is to allow people to consume cannabis in the comfort of their own homes., drinking weed tea or eating cannabis brownies, anything goes in your own home.

What Has Happened Since Cannabis Was Legalised In Canberra?

Not a lot has really changed. There has been no rioting, no increase in vehicle accidents, no increase in drug use and addiction, etc.

As evidence has shown in Canada and the USA, before legalising the personal use of marijuana, the “evidence” showed that society would collapse and the sky would fall.

What really happened is a reduction of alcohol use, a massive boost to the economy, reduced drug and black market trade, and much more!

The ACT laws allow for the possession of up to 50 grams of marijuana per person. Since legalisation, criminal offences have dropped by a massive 90 per cent!

ACT Health has also shown data that indicates no increase in drug-related or vehicle injuries in the past 12 months.

This is a great use case to counter future (baseless) arguments about the dangers of legalising cannabis in Australia. It may not be perfect, but it is a great step forward for Australian legalisation!

FAQs About Cannabis In Canberra

  • Question: Is Weed Legal In The Act?
  • Answer: Weed has not been legalised in the ACT; it has been decriminalised. The ACT is now encouraging recreational use of cannabis. The ACT has removed the penalties for the possession and use of a personal amount of marijuana.

  • Question: Can I Sell Cannabis?
  • Answer: It is still illegal to sell cannabis or any forms or marijuana in the ACT.

  • Question: Can I Give Cannabis To Someone?
  • Answer: It is still illegal to give and sell cannabis. You cannot gift marijuana to any friends or family. It is an offence to sell or share any cannabis, including plants and seeds with anyone.

  • Question: How Can I Get Cannabis Seeds In Canberra?
  • Answer: It is still illegal to give or receive cannabis plants and seeds. If you have a cannabis plant growing in a secure place on your property, it will not be criminal. There are still grey areas the decriminalisation of cannabis.

  • Question: Can I Smoke Marijuana And Drive?
  • Answer: Drug-driving laws have not changed. Being under the influence of drugs, including cannabis, is illegal. There are no accurate ways to measure the cannabis levels in your system, but it is up to the discretion of the police to charge.

  • Question: Is There Support For Quitting Cannabis?
  • Answer: The ACT’s Health website provides support for cannabis addiction and advises on healthier ways to consume marijuana.

  • Question: Can I Travel To Canberra To Smoke Weed?
  • Answer: Australians in Canberra can smoke with in private. This is restricted to your house and is illegal in public.

  • Question: Can I Bring Cannabis Outside Of The ACT?
  • Answer: Unless you have a medical prescription, you cannot bring cannabis outside of the ACT for personal use. ACT laws on marijuana do not apply to other states.

  • Question: Can I Smoke Or Vape In Public?
  • Answer: No consumption of cannabis is legal in public. You cannot smoke or vape marijuana in Canberra in public.

Who To Contact To Ask More?

The ACT Government is providing a contact number (information line) for anyone wanting to learn more about the new cannabis laws in Canberra.

You can contact (02) 5124 9977 to discuss the new cannabis laws with the Alcohol and Drug Services.

You can find more information on how cannabis can impact your health on the ACT Health website.


Disclaimer: Cannabis Place are not doctors and we recommend consulting health professionals for accurate information. This site may contain information regarding drugs. This medicinal cannabis content is designed for an 18+ audience. Click here for our full disclaimer