Frequently Asked Questions
You need to check the relevant legislation in your State and Territory, as the rules are different in each jurisdiction.
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Is it a criminal offence to use cannabis in my state?
- Minor cannabis offences have been decriminalised in South Australia, the Australian Capital Territory and the Northern Territory. This means that these offences result in a civil penalty such as a fine. It does not mean however that minor cannabis use or possession is legal.
- In all other Australian states all cannabis-related offences are criminal matters. If you are found in possession of cannabis in these states you could be sentenced to a fine or imprisonment and receive a criminal conviction.
- You can use our free and anonymous Ask a Lawyer service if you have a particular issue you want to know more about.”
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What happens in minor cannabis offences?
- In the Australian Capital Territory if you found in possession of up to two cannabis plants or up to 25 grams of marijuana (cannabis plant material) you are likely to receive a $100 fine with 60 days to pay. You can attend a drug assessment and treatment program as an alternative to paying the fine.
- In South Australia possession of up to 100 grams of marijuana, 20 grams of hash (cannabis resin), one non-hydroponic plant or cannabis paraphernalia can result in a fine between $50 and $150 with 60 days to pay.
- In the Northern Territory an adult found in possession of up to 50 grams of marijuana, one gram of hash oil, 10 grams of hash or cannabis seed or two non-hydroponic plants can be fined $200 with 28 days to pay.
- In New South Wales if you found in possession of up to 15 grams of cannabis you may receive a police caution that includes information about the dangers of cannabis use. Two cautions are permitted to be given to a person before they are formally charged.
- In Victoria if you found in possession of no more than 50 grams of cannabis you may receive a police caution including the opportunity to attend a cannabis education program. Two cautions are permitted to be given to a person before they are formally charged.
- In Tasmania you can be given three cautions in a ten year period if you are found in possession of up to 50 grams of cannabis.
- In Queensland if you are found in possession of up to 50 grams of cannabis you have the option of diversion. Diversion is mandatory for minor offenders. Diversion includes a assessment and an intervention program. Diversion is only offered once per person.
- In Western Australia you will be required to attend a Cannabis Intervention Session within 28 days if you are caught in possession of less than 10 grams of cannabis or a used smoking implement and have no prior cannabis convictions.
- Our LegalPlan™ membership will allow you to ask lawyers to handle your matter for a Fixed Fee Quote.
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Are the police allowed to search me for drugs?
- If you are under arrest the police are allowed to search you.
- If you are not under arrest the police do not have the right search you unless:
- you consent or
- they have a warrant.
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What are drug diversion programs?
- Diversion programs apply before any formal charges are laid. They are designed to diverting eligible offenders into treatment or education programs.
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Who is eligible for a drug diversion program?
- The police usually decide whether to offer diversion to an offender or formally charge them.
- Juvenile offenders or those who have a history of drug or violent offences are not eligible for diversion.
- Juveniles may also be dealt with under individual state laws. For further information see our Juvenile Justice topic.
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What types of drug diversion programs are there?
- Diversion programs include:
- police run rug diversion programs;
- court-ordered diversion programs; and
- drug treatment centres.
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What does ‘trafficking’ mean?
- Trafficking means producing, selling or supplying a drug.
- It also applies to activities that may assist in the producing, selling or supplying of a drug.
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What is the most important information in relation to my drug charge?
- The type and amount of the illegal drug or the number of illegal plants seized.
- You can use our Phone a Lawyer service for a preliminary legal consultation if you think you may need legal advice.
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What are indicators of sale?
- Objects that police will identify to indicate you were selling or intended to sell illegal drugs include:
- a large number of small plastic bags;
- drugs separated into individual lots;
- large amounts of cash;
- telephone intercepts by police;
- surveillance by police;
- a list of clients;
- unexplained assets;
- unexplained large financial transactions; and
- large amounts of gold jewellery.
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What does ‘cultivating a drug’ mean?
- Cultivating means anything associated with planting or growing a cannabis plant.
- It includes:
- germinating a seed;
- planting;
- tending;
- nurturing;
- harvesting;
- watering;
- protecting from the sun; and
- picking the heads off a cannabis plant.
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What happens to drugs once they are seized?
- Any seized drugs are initially analysed by police forensic scientists to ascertain the purity and weight of the drug.
- Those findings are documented in a statement that can be used in evidence against the accused.
- The drugs are then destroyed.
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