Offences Involving Cannabis

In 2020, the ACT changed its laws on possession, use and cultivation of cannabis. Under the new laws, it is permitted for an adult to possess and to cultivate cannabis under some circumstances. However, selling, supplying and consuming cannabis in public remain offences in the ACT. This page outlines the ACT laws on cannabis as they now stand.

Possession of cannabis

Under section 171AA of the Drugs of Dependence Act 1989, it is an offence for a person aged under 18 in the ACT to possess a small quantity of cannabis (less than 50 grams of dried cannabis or less than 150 grams of fresh cannabis). This offence is punishable by a fine of one penalty unit.

It is no longer an offence for an adult in the ACT to possess a small quantity of cannabis in their own home.

Under the same section, it is an offence for any person to possess more than a small quantity of cannabis (50 grams of dried cannabis or 150 grams of fresh cannabis).  This offence is punishable by a fine of up to 50 penalty units, six months imprisonment, or both.

Cultivation of cannabis

Under section 162 of the Drugs of Dependence Act 1989, it is an offence for a person aged under 18 in the ACT to cultivate one or two cannabis plants. This is punishable by a fine of one penalty unit.

It is not an offence for an adult in the ACT to cultivate one or two cannabis plants in their own home.

Under section 171AAA of the Drugs of Dependence Act 1989, it is an offence for a person to cultivate more than four cannabis plants at premises. This offence is punishable by a fine of up to 50 penalty units, six months imprisonment, or both.

Under section 171AAB of the Drugs of Dependence Act 1989, it is an offence for a person to cultivate cannabis at a place other than where the person lives. This offence is punishable by a fine of up to 50 penalty units, two years imprisonment, or both.

Supply offences

It remains an offence in the ACT to:

• supply cannabis to another person with the belief that the other person will cultivate cannabis for sale
• cultivate cannabis with the intention of selling it
• sell cannabis.

All of these offences are set out in the Criminal Code 2002.

The penalties for these offences range from a fine of 300 penalty units to life imprisonment, depending on the quantity of cannabis involved.

Which Court Will Hear Your Matter?

These matters may be dealt with in either the ACT Magistrates Court or the ACT Supreme Court, depending on the number of cannabis plants allegedly involved.

Trafficking offences

Trafficking offences are also contained in the Criminal Code 2002. Different offences exist based on the quantity of cannabis involved. These offences are contained in Section 603 of the Code which states that a person commits an offence if they:

• traffic in cannabis (contrary to Section 603(8) of the Code).
• traffic in a trafficable quantity of cannabis (contrary to Section 603(5) of the Code).
• traffic in a commercial quantity of cannabis (contrary to Section 603(3) of the Code).
• traffic in a large commercial quantity of cannabis (contrary to Section 603(1) of the Code).

The penalties for these offences range from a fine of 300 penalty units to life imprisonment, depending on the quantity of cannabis sold.

Which court will hear the matter?

These matters may be dealt with in either the ACT Magistrates Court or the ACT Supreme Court, depending on the quantity of cannabis involved.

Consequences of the changes

The ACT is the first Australian jurisdiction to decriminalise possession and personal use of cannabis. The legislation was passed despite strong opposition from the federal parliament.

The laws have been criticised as ‘neither here nor there’ as individuals are permitted to grow cannabis plants, but not to possess more than 150 grams of cannabis. This results in a situation where excess yield may need to be disposed of, and no guidance on how this should be done.

There is also no provision for individuals to obtain cannabis seeds legally, meaning that a lot of people are purchasing seeds illegally in order to grow a small amount of cannabis legally.

Furthermore, the use of hydroponic equipment to grow cannabis is not permitted, meaning that growers must rely on natural techniques.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.