How Many Cannabis Plants For Personal Use: QLD
With Canberra, ACT allowing people to grow marijuana for their personal use, do you know the cannabis limitations in Queensland?
You can grow marijuana in Queensland 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 receive a Drug Diversion which avoids any criminal charges. If found in possession of more than 100 marijuana plants, you may receive up to 20 years in prison.
The current and only legal method of growing cannabis plants in Queensland 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 QLD?
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.
- Growing 100 or fewer marijuana plants that contain more than 0.03% THC will carry a maximum sentencing of 15 years in prison
- Growing over 100 marijuana plants that contain more than 0.03% THC will carry a maximum sentencing of 20 years in prison
Unfortunately the answer for this is 0 plants, as it is still illegal to use, possess, cultivate or harvest marijuana.
The legal way to grow cannabis
There are legal ways to grow medicinal marijuana in Queensland.
Individuals and business entities are able to apply for a federal license that gives them the ability to cultivate medical-grade cannabis.
This is not the same as the cannabis that people can grow in Canberra, ACT, as this has strict regulations around the cultivation and use of the plant.
To apply for a license to grow medical marijuana in Queensland, you require:
- a suitable location
- a facility
- experienced horticultural staff
- security measures to protect the plants
It sounds a little difficult to achieve, and, well, it is. But we hope to see the laws around the cultivation of medical weed in QLD relax over the next few years.
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, police will 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 Queensland’s drug laws can be found here.
Details on Drug Diversions with cannabis
The benefits of taking part in Queensland’s drug diversion program include:
- You will not have to go through the court system
- You will not receive any criminal record
- You will not be charged with any criminal offences
You will then need to sign the drug diversion form (QP 0701) provided to you by the police and set an appointment for the program.
The Queensland Health program will run you through an assessment, education and counselling session that takes about two hours.
Medical marijuana laws
The medical marijuana in Queensland is ever-changing, but the main thing to know is that it is legal.
You may be able to take medicinal cannabis if there is clinical evidence that its effect. Queensland Government - Health
For patients with a medical condition that exists for more than three months can apply for medical cannabis.
You are not able to grow your cannabis plants for medical use; however, you can apply through a cannabis clinic to receive an accurate dosage that will treat your specific medical condition.
Cultivating prohibited plants
It is illegal to cultivate prohibited plants that include: cannabis, marijuana, weed or “420 plants”.
The offence for cultivating a plant is high and can include a fine of up to $20,000 dollars and potential imprisonment of up to ten years.
The laws are stricter for people caught with the intent to sell, share or distribute marijuana plants.
For people caught with more than ten or twenty plants, this is typically classed as intent to sell.
For up-to-date legal information, we recommend consulting with the legal system or a legal professional.
The possession of cannabis plants
The possession of cannabis plants can be having this on your property, on your person or in a vehicle of yours.
Possession of cannabis is one of the most common offences, and various categories are depending on the quantity found. This may change over time or vary per government region.
| Possession Amount | Definition |
|---|---|
| Up to 50 grams of cannabis (1 plant) | Small quantity (minor offence) |
| 50 to 250 grams (10 plants) | Small or trafficable amount |
| 250 grams (10 plants) | Traffickable quantity |
| 250 grams to 25 kilograms (100 plants) | Traffickable or commercial amount |
| 25 to 250 kilograms (1000 plants) | Large commercial quantity |
For the most up-to-date information in regards to the definition of possession, we recommend consulting your government’s justice system or legal counsel.
Drug offences in Queensland
As growing cannabis plants in QLD without a license is still illegal, it may be considered a drug offence. This includes:
| Drug Offences | Definition | Penalty |
|---|---|---|
| Cannabis Plant | 100 Plants | Up to $590,000 and/or 20-25 years |
| Dry Cannabis | 500 grams (half a kilo) | Up to $590,000 and/or 20-25 years |
| Dry Cannabis | Up to 50 grams | Diversion available once |
| Tetrahydro-cannabinols | 2 grams | Up to $590,000 and/or 20-25 years |
This article was researched using these and other references:
- Who can grow marijuana in Australia?
- Cultivating and growing cannabis in Victoria (VIC)
- Cultivating and growing cannabis plants in Queensland
- How does marijuana plants grow in Queensland
- How industrial cannabis plants can be cultivated in Australia
- Medicinal cannabis in Queensland
- Queensland’s license to grow cannabis
James King
James is an experienced writer and legal cannabis advocate in Australia. He answers all the questions about business, legalisation and medicinal cannabis.
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
