Australia's Cannabis Landscape in 2024: A Comprehensive Look at State-by-State Regulations

Australia’s cannabis sector has undergone significant transformation since the federal government approved medicinal use in 2016. Market data paints a bullish picture: approvals for medical cannabis surged 120% in the first half of 2023 versus the prior year, while Statista projects the market will hit AU$3.73 billion in 2024 and expand to AU$4.53 billion by 2029 at a 3.22% annual growth rate.

Yet the regulatory picture remains fragmented. Recreational use stays prohibited at the federal level, and access to medical cannabis remains tightly controlled. Only two products—Sativex and Epidyolex—have cleared the Therapeutic Goods Administration, and neither receives subsidy coverage under Australia’s Pharmaceutical Benefits Scheme. Patients must navigate special pathways, and prescribing doctors need specific approvals.

Public sentiment is shifting, though. YouGov polling from January 2024 revealed that over 50% of Australians back decriminalisation, while half of 18-49 year-olds support legalising personal use. This grassroots momentum pushed the Australian Greens to introduce the Legalising Cannabis Bill 2023, marking the country’s first parliamentary attempt at federal legalisation. The bill would allow adults to cultivate up to six plants per household and possess up to 50 grams, following amendments addressing youth protection and product quality concerns. A Senate inquiry rejected the bill in May 2024, but the Greens plan to force a Senate vote.

Regional Rules: How Each State and Territory Approaches Cannabis

The real complexity lies at the state and territory level, where each jurisdiction has forged its own path. Here’s what’s happening across the country:

New South Wales: Cautious Progress on Medical Front

In NSW, cannabis remains illegal for both recreational and medical use outside formal approval channels. First-time offenders caught with under 15 grams may receive only a caution; up to two are permitted with possible drug counselling referrals. An expanded 2024 program lets offenders complete intervention initiatives instead of paying the AU$400 fine.

The medical side looks different. Any licensed doctor can prescribe cannabis if clinically justified and properly approved. The NSW government allocated over AU$9 million to its Centre for Medicinal Cannabis Research and Innovation to drive clinical trials and investigate efficacy against epilepsy and cancer-related nausea.

A Parliamentary Drug Summit scheduled for late 2024—the first since 1999—will examine cannabis reform. An inquiry launched in March 2024 into the “socio-economic cost and opportunities of legalisation” is collecting expert testimony ahead of the summit. Agriculture Minister Tara Moriarty signalled openness to expanding medicinal production and revisiting drug policy.

Victoria: Testing Ground for Medical Reform

Victoria holds the distinction of being the first Australian state to legalise medical cannabis, initially prioritising epileptic children. Today, any physician can prescribe for any condition if clinically appropriate and properly authorised.

Recreational possession remains criminal, but casual users caught with 50 grams or less typically face caution plus counselling. The 250-gram or 10-plant threshold marks traffickable quantity. A private member’s bill for personal-use reform sparked parliamentary debate in December but lacked government backing, though the Labor government expressed willingness to explore further changes.

In May 2024, authorities launched a closed-circuit trial with Swinburne University to assess how medical cannabis affects driving ability—a critical issue since any THC trace in saliva triggers mandatory licence suspension and fines, despite THC remaining detectable for hours post-ingestion. The 18-month trial begins in September 2024, with completion expected late 2025.

Queensland: Strict Penalties, Growing Advocacy

Queensland enforces severe restrictions under four separate acts. The Drugs Misuse Act 1986 carries sentences up to 20 years for possession, supply, production or trafficking, scaled by quantity.

Medical access is more permissive. After June 2020 reforms, any Queensland registered practitioner can now prescribe Schedule 4 CBD or Schedule 8 THC/CBD products without formal state health approval. Administration methods include vapour, capsules, sprays and tinctures—but smoking is prohibited. Marketing is restricted to medical and pharmaceutical professionals.

Attitudes are shifting. Essential’s August 2023 poll showed 50% of Queenslanders support legalisation, while party members increasingly advocate for decriminalising small personal quantities. Legalise Cannabis MPs joined festival-goers at MardiGrass 2024 in Nimbin, and Greens MP Michael Berkman launched a petition calling for Queensland to lead the country—it has collected 494 of 500 target signatures as of October 2024.

South Australia: Strongest Public Support, Stalled Reform

All forms—flower, oil, resin—remain illegal in South Australia for possession, use, growing, selling or gifting. Personal possession faces fines without criminal conviction, while large-scale trafficking risks up to AU$1 million fines, life imprisonment, or both.

Medical patients obtain cannabis via prescription from authorised practitioners, though South Australian Controlled Substances approval is often required (with exemptions for elderly and terminal patients).

Paradoxically, South Australia has the country’s most vocal legalisation advocates, yet reform efforts have stalled. Green Party Legislative Council member Tammy Franks reintroduced the Cannabis Legalisation Bill 2022 in May 2022, but it hasn’t advanced. A joint committee in September delivered 13 unanimous recommendations, including reforming zero-tolerance roadside drug-testing to protect medicinal users. Government officials promised to consider these “in due course” while maintaining road safety.

Western Australia: Partial Decriminalisation, Recent Bill Rejection

Western Australia decriminalised cannabis in 2004 but reversed course in 2011 under “tough on crime” politics. Today, possession of 10 grams or less triggers a Cannabis Intervention Requirement (CIR)—meaning offenders attend a session instead of facing conviction. Adults receive one CIR opportunity; minors get two. Over 10 grams risks fines up to AU$2,000, two years jail, or both, with harsher penalties exceeding 100 grams.

Medical prescription is available from any WA doctor with government approval, dispensable at pharmacies. Driving with THC is illegal.

In 2024, Legalise Cannabis MPs pushed two bills: one allowing 50-gram possession and six-plant home cultivation (introduced March 21, debated June 21, then rejected), and another proposing a referendum on the March 2025 election ballot. In September, Dr. Brian Walker highlighted legislative approval to review industrial hemp regulations, calling it “open and healthy” debate and expecting economic benefits worth billions annually for WA.

Tasmania: Restrictive Laws, Specialist Access Pathway

Tasmania prohibits cannabis possession entirely—even preparation utensils carry maximum fines of AU$7,950. Trafficking 25 grams of oil or 1 kilogram of plant material risks up to 21 years imprisonment. Police may issue three warnings for under 50 grams, but this offers scant relief.

Medical access improved after July 1, 2021. General practitioners can now prescribe if clinically justified and holding Commonwealth and state approval, ending the prior specialist-referral requirement. Traditionally, cannabis was dispensed only after conventional treatments failed.

Northern Territory: Decriminalisation with Complications

The Northern Territory largely decriminalised cannabis, but possession in public spaces remains imprisonable. Home possession under 50 grams incurs fines up to AU$200. Cultivation penalties are steep: fewer than five plants costs 200 penalty units or two years jail; commercial quantities (20+ plants) or cultivation before children trigger life sentences.

Medicinal uptake lags despite decriminalisation. The first NT prescription filled in November 2019, but few authorised prescribers and remote geography limit access. Schedule 8 cannabis follows morphine/oxycodone protocols; Schedule 4 CBD products need no prescriber authorisation but require Chief Health Officer notification if extending beyond two months.

Australian Capital Territory: The Outlier on Recreational Legality

Canberra stands unique: is weed legal in Canberra? Yes—the ACT passed legislation in September 2019 legalising personal-use possession effective January 31, 2020. Adults 18+ can carry 50 grams dry cannabis or 150 grams wet material, grow two plants per person (four household maximum). Exceeding limits triggers fines, not criminal charges. Plants must be outdoors, creating theft vulnerability.

Critically, ACT’s state laws conflict with federal prohibition, and federal lawmakers have repeatedly tried overturning the legislation. Medical cannabis is available case-by-case for approved conditions, provided doctors hold ACT Chief Health Officer and Therapeutic Goods Administration approval.

The Path Forward

Australia’s cannabis landscape reflects deep federalism tensions and evolving public opinion. While medicinal frameworks mature and markets expand, recreational reform remains stalled federally—though state-level experimentation and advocacy suggest pressure for change persists. The 2024-2025 period will prove pivotal, with parliamentary inquiries, referenda proposals and growing community momentum all pointing toward eventual policy shifts across the country.