With Canberra, ACT allowing people to grow marijuana for their personal use, do you know the cannabis limitations in Western Australia?
You can grow marijuana in Western Australia with a Medicinal Cannabis License. Less than five plants may be considered personal use. The laws and rules for cannabis plants for personal use are:
It is illegal to grow or harvest cannabis for personal use
under five plants may be considered personal use
there are ways to avoid criminal charges if caught with marijuana plants
Western Australia is looking to make two plants for personal use legal
The current and only legal method of growing cannabis plants in WA 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.
Even though cannabis can be grown in Canberra, ACT for personal use, the amount of marijuana plants you can legally grow in Western Australia is 0.
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.
Growing marijuana plants without a license is still an offence and has been broken up two main categories:
possession for personal use: 10 to 100 grams or less than 20 cannabis plants
possession with intent to sell or supply: more than 100 grams or than 20 cannabis plants
First time offenders with a small personal amount of cannabis may avoid criminal conviction.
The maximum penalty for personal use is generally a $2,000 fine, or a two years maximum imprisonment.
The maximum penalty for intent to sell or supply is a $5,000 fine or four years maximum imprisonment. This can vary depending on the severity.
Western Australia is looking at the Australian Capital Territory to understand how the decriminalisation of marijuana benefits society. This can be covered under minor personal possession drug offences.
For more information on Western Australia’s cannabis cultivation laws:
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.
Western Australia has one of the most diverse and supportive programs focused at helping people through rehabilition rather than criminal conviction. These include:
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