Is Marijuana Legal in Australia?

Medical cannabis is legal in Australia. However, in most parts of Australia, recreational cannabis is illegal.

But in the Australian Capital Territory (ACT), some exceptions exist. Personal recreational use, possession, and small-scale cultivation have been decriminalized in the ACT for those over 18.

People can grow two plants, each with a maximum of four plants per household. Distribution, sale, and larger-scale cultivation (including hydroponics) are illegal.

Cannabis is illegal elsewhere in Australia. However, in recent years, the state of South Australia has relaxed rules for minor possession offenses.

In these cases, people receive a fine rather than criminal sanctions. Despite some individual state laws, cannabis is still illegal according to Federal cannabis laws.

What Are the Medical Marijuana Laws in Australia?

Medicinal cannabis is legal but can only be accessed via a doctor’s prescription. The Therapeutic Goods Administration strictly regulates marijuana used for medical purposes.

Rules differ from state to state. For example, some states require you to be referred to a specialist before you access medical cannabis. Products range from raw cannabis that can be vaporized to liquids and sprays.

How Much Cannabis Can I Possess in Australia with an MMJ Card?

MMJ cards aren’t used in Australia, so if you want to access medical cannabis, you need a prescription from a doctor.

This process can differ from state to state. For example, in Tasmania, your doctor must refer you to a specialist to access medicinal marijuana.

How Do I Get Certified for Medical Cannabis in Australia?

To get certified for medical cannabis, you must first speak to your medical practitioner and determine eligibility. To be approved, you must meet the following criteria:

1. You must have a chronic medical condition (e.g., chronic pain, multiple sclerosis).
2. You must have tried standard treatments with limited results.
3. There must be evidence that medical cannabis is effective for your condition.

Your doctor (or specialist, in some cases) must seek approval. Because most medical cannabis options are classified as “unapproved,” your doctor must apply through the Special Access Scheme unless they have prior training and certification. If approved, they can prescribe you certain cannabis products. You will be continuously monitored and helped by your doctor.

Is Telemedicine Allowed for Medical Cannabis Consultations in Australia?

Yes, telemedicine is allowed. As long as your doctor goes through the medical cannabis approval process, the only requirement is that you must attend a consultation (telemedicine or face-to-face).

Are There Any Employment Laws Protecting Medical Cannabis Cardholders in Australia?

Because medical cannabis is legal, there are protections in the workplace. However, there are also some legal requirements you must meet.

For example, you should inform your employer if there are concerns that your medical treatment could impact your job performance or safety. Additionally, if your medication contains THC, you must notify your employer.

You may be terminated if it is found that your medication is compromising performance or safety.

However, you cannot be fired for simply disclosing that you have been prescribed marijuana for medicinal purposes. Instead, you may face a change of role.

The privacy act (1988) protects you from having to disclose any further information that doesn’t affect job performance or safety. You also have the right to choose whether to participate in drug testing.

If you have a disability, the Fair Work Act prevents your employer from taking particular action against you, making it very difficult to terminate your employment.

Ultimately, it is up to your employer whether they allow medical cannabis use amongst their staff. Still, there are many cases where you will be legally protected and shielded from termination.

What Are the Medical Cannabis Product Testing Requirements in Australia?

Medical cannabis is regulated by the Therapeutic Goods Administration (TGA). The TGA investigates and studies different forms and strains of cannabis or cannabis products to determine if they are safe.

They also investigate which conditions are amenable to cannabis treatment.

Most medicinal cannabis products can be prescribed but are technically “unapproved” because they don’t meet rigorous testing requirements.

These requirements include a sponsor submitting significant evidence about how effective and safe these products are, including how they are manufactured.

Therefore, your doctor must undergo a specific approval process to prescribe unapproved products.

Because there is limited evidence for the medical use of most products in most conditions, they are currently only used as a “last resort” in chronic conditions when many other treatments have been tried unsuccessfully.

Is It Legal To Grow Cannabis in Australia?

In the Australian Capital Territory, you can grow two non-hydroponic plants per person, with a maximum of four per household for personal use only. It is illegal to use hydroponics or other forms of artificial growth.

Elsewhere in Australia, growing cannabis is illegal.

Where Is It Safe to Purchase Cannabis in Australia?

Because it is illegal to sell cannabis in Australia, there is no safe way to purchase cannabis. However, if you are eligible, you can safely obtain medical cannabis via a doctor’s prescription.

Where Is It Safe To Consume Marijuana in Australia?

In the Australian Capital Territory, it is legal to consume marijuana in your own home but not in public places. However, elsewhere in Australia, marijuana consumption is illegal.

If you use medical marijuana, use and consumption are legal. However, marijuana can only be vaporized and not smoked. While there are no specific restrictions on where you can use vaporized products, it is safest to use medical marijuana products in your own home.