How Many Cannabis Plants For Personal Use: WA

How Many Cannabis Plants For Personal Use: WA

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:

Real life situations and examples of cannabis cultivation conviction

The law changes quite often and the results may vary per case, so we have compiled a few cannabis cultivation examples here:

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.

Western Australia has one of the most diverse and supportive programs focused at helping people through rehabilition rather than criminal conviction. These include:

Name Type Website
Mental Health Court Diversion Program Court diversion Link
Pre-sentence Opportunity Program (POP) Court diversion Link
Supervised Treatment Intervention Regime (STIR) Court diversion Link
Cannabis Intervention Requirement Police diversion Link
Diversion options for Juveniles Juvenile diversion Link

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

For more information about these diversion programs, you can call 1800 722 363 between 7:00 AM to 7:00 PM (Monday to Sunday).

Medical marijuana laws

The medical marijuana is Western Australia is available for patient treatment, clinical studies and general 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 100 grams of cannabis (less than 20 plants) Small quantity (personal use)
over 100 grams (more than 20 plants) Intent to sell or supply

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.

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