With Canberra, ACT allowing people to grow marijuana for their personal use, do you know the cannabis limitations in New South Wales?
You can grow marijuana in New South Wales with a Medicinal Cannabis License. Less than five plants may be considered personal use. It is illegal to grow cannabis for personal or medical use without a license. If caught, you may avoid criminal charges through Drug or Court Diversion. The number of cannabis plants you can grow for personal use is zero.
The current and only legal method of growing cannabis plants in NSW is through a Medicinal Cannabis License that is covered under The Narcotics Drug Act 1967.
With this license, a person or company can grow, cultivate and harvest marijuana plants that will be used for medicinal purposes.
For the everyday Australian looking to understand how many marijuana plants you can grow, the law is quite specific.
We always recommend discussing the current legal situation with either the relevant government department or your preferred legal counsel.
How many plants can I grow in NSW?
It is illegal to grow, cultivate and to harvest marijuana, but there are some leniency for first-time offenders and smaller quantities for personal use.
Whether you are growing two plants or 20 plants, it is still illegal to grow cannabis for personal or medical use (without a license) in New South Wales.
First-time offenders with a small personal amount of cannabis may avoid a criminal conviction.
New South Wales is looking at the Australian Capital Territory to understand how the decriminalisation of marijuana benefits society. This can be covered under minor drug offences.
Unfortunately the answer for this is 0 plants, as it is still illegal to use, possess, cultivate or harvest marijuana.
The exception and drug diversion
The heavy criminal penalties are based around the possession of large quantities of marijuana with the apparent intent to sell, traffick or distribute.
For Australians that have a personal amount of cannabis and fit within their eligibility criteria, police or the court may offer a drug diversion to you to avoid any unnecessary court proceedings or criminal charges.
The police have a basic checklist to understand whether or not the person found with cannabis are applicable for a drug diversion or if they should go through the courts. These may include:
Admitting that they were in possession of marijuana for personal use
No severe criminal history
No violent criminal history
No drug-related criminal history
No current or ongoing criminal charges at the time that related to the acquisition, possession or use of the marijuana
First time receiving a drug diversion
More information on New South Wales’ drug laws and court diversions can be found here:
Disclaimer: Cannabis Place may contain information regarding cannabis & other drugs; it is designed for 18+ audiences in regions where cannabis has been decriminalised. This topic may represent illegal activity in certain regions. We do not encourage illegal activity. We understand that readers in locations where cannabis has been legalised may read these articles. Medical Cannabis in Australia is regulated by the Therapeutic Goods Administration and details about Cannabis as a scheduled drug can be found on their website. Please consult with your doctor to find out if Cannabis is right for you. Click here for our full disclaimer