As of 31 January 2020, new legislation came into effect changing the rules about the possession and usage of cannabis for consumers over the age of 18 years. Whilst the possession and use of cannabis in the ACT remains illegal it has been decriminalised, but what does this mean? Decriminalisation of cannabis means that individuals, over the age of 18 years, who possess or consume small amounts of cannabis, will not incur penalties. In other words, no criminal charges will apply. So, what are the parameters of these new rules?
According to the new legislation, the following conditions apply to individuals over the age of 18 years.
- An individual is to possess no more than 50 grams of dried cannabis, or no more than 150 grams of harvested (fresh) cannabis.
- Individuals can grow up to two cannabis plants per person, however a maximum of four plants is permitted per household.
- Cannabis is only permitted for personal use and can only be consumed inside the home and not in public places.
Despite the implementation of the new legislation, it is important for users to ensure that they abide by the law and know the law when travelling interstate.
Is it legal to grow Cannabis in the ACT?
The cultivation of cannabis plants refers to the growing, nurturing or harvesting of cannabis plants. In the ACT an individual can cultivate their own cannabis plant, however it is prohibited to use ‘artificial’ means such as hydroponics or artificial sources of heat and light to grow cannabis. An individual can grow their own cannabis plants, but these cannot be grown in public spaces such as parks or community gardens. Instead, cannabis plants must be cultivated on private property such as one’s backyard.
It is illegal to acquire seeds, and it is a criminal offence to sell or share cannabis seeds with another person despite there being no legal avenue to acquire cannabis seeds. Whilst it is legal to grow your own cannabis plants in the ACT with a maximum of two cannabis plants per person, or a maximum of four plants per household this cap must not be exceeded. If you grow more than four plants at one household the penalty for this crime includes a fine of up to $8,000, imprisonment for two years or both.
Is it legal to possess Cannabis?
In the ACT, an individual can possess no more than 50 grams of dried cannabis or no more than 150g of harvested (fresh) cannabis. If you are caught trafficking 300 grams or more of cannabis, you could be charged with either a maximum penalty of ten years imprisonment, $160,000 in fines or both. If you are caught possessing larger quantities of cannabis, you will be charged with a trafficking offence which incurs heftier penalties.
Is it legal to sell Cannabis in the ACT?
It is illegal to sell cannabis in the ACT at any time or at any place, including your own home. It is an offence to sell or share cannabis with any other person, especially if the individual is below the age of 18 years.
Where can you consume cannabis?
The consumption of cannabis can come in many different forms including, but is not limited to smoking via a joint, pipe or bong, edibles, tinctures and topicals. However, vaping cannabis is illegal. Irrespective of how you choose to consume your cannabis, the only permissible place to use cannabis is in your personal home.
You are not able to smoke or consume cannabis in any public places in the ACT. It is illegal to smoke or consume cannabis within 20 metres of a person under the age of 18 years.
Can I take cannabis over the border into NSW?
As the ACT is the only state which has decriminalised cannabis possession and consumption, it is considered illegal to possess or use cannabis in any other Australian state or territory. Even if you live in the ACT but work in NSW, it is illegal to possess cannabis across the border.
Despite the new legislation decriminalising cannabis use in the ACT, there is still legal ambiguity around being charged under Commonwealth cannabis laws. Please ensure when you consume cannabis you do so with caution.
Can I drive after consuming cannabis?
It is illegal to drive with cannabis in your system. Do not risk driving if you have consumed cannabis, as this can put your safety and the safety of others at jeopardy. As cannabis can take a while to metabolise, even if you believe the drug has worn off it may still be detectable in your system. Detection times will vary between individuals and may be detectable for longer in some individuals, due to factors such as the the potency of the dose, how much you have consumed and if the cannabis was laced with another drug.
The Australian Alcohol and Drug Foundation recommend, as a guide, that for those who frequently use cannabis, it can be detected for around 30 hours after consumption by saliva roadside tests. For urine samples, cannabis can be detected for up to one month after the cannabis was consumed.
What is considered a crime when it comes to cannabis use?
To summarise, it is considered a crime in the ACT if;
- Someone under the age of 18 years possess or uses cannabis.
- An individual cultivates more than two plants in their home.
- If a household cultivates more than four plants.
- If cannabis is grown using artificial cultivation such as hydroponics and artificial heat or light.
- If cannabis is consumed in a public place.
- If cannabis is cultivated in an area which can be access by the public.
- If cannabis consumption is within the proximity of a person under the age of 18 years.
- If you consume cannabis and drive or operate any other heavy machinery or vehicle.
- If you possess or consume cannabis in any other Australian state or territory.
- If you possess more than 50 grams of dried cannabis or more than 150g of harvested (fresh) cannabis.
Drug Help
If you have any concerns with your use, or a family member or friends use of cannabis, please do not hesitate to seek help and support. Contact the National Alcohol and Other Drug Hotline on 1800 250 015. This hotline supplies confidential support for those struggling with addition.
* This article was prepared with the assistance of Zara Smith
