How Many Cannabis Plants For Personal Use: VIC

How Many Cannabis Plants For Personal Use: VIC

With Canberra, ACT allowing people to grow marijuana for their personal use, do you know the cannabis limitations in Victoria?

You can grow marijuana in Victoria with a Medicinal Cannabis License. Less than five plants may be considered personal use. It is illegal to grow or harvest 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 VIC 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.

The law around growing marijuana

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.

Smaller quantities of cannabis are often defined as less than 50 grams of dried cannabis or less than 2 or 4 plants.

Whether you are growing 2 plants or 20 plants, it is still illegal to grow for personal or medical use (without a license) in Victoria.

First-time offenders with a small personal amount of cannabis may avoid a criminal conviction.

Victoria is looking at the Australian Capital Territory to understand how the decriminalisation of marijuana benefits society. This can be covered under minor drug offences.

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 Victoria’s drug laws and court diversions can be found here:

Medical marijuana laws

The medical marijuana is Victoria is available for patient treatment, clinical studies and extensive research.

The national legalisation of medical marijuana allows for patients for a medical illness that exists for more than three months to be eligible for treatment.

Unlike the ACT, you will not be allowed to grow your own cannabis; however, you can still receive dry bud (cannabis flower), but it is more likely to receive Cannabidiol (CBD) oils.

Cannabis Clinics or authorised doctors are able to prescribe you with medicinal marijuana products. Once you have received the prescription, a pharmacy will courier the medicine to you.

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 Victoria

Drug Offences Definition Penalty
Cannabis Plant Any number of plants (non-trafficking) Maximum 20 penalty units or 12 months imprisonment
Cannabis Plant More than 100 plants Maximum 25 years imprisonment
Cannabis Plant More than 1000 plants Maximum life imprisonment

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