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Canberra is the only place in Australia where adults can legally have a bit of weed and grow a couple of plants at home, at least as far as territory law goes. Since 2023 it’s also gone further than anywhere else on other drugs. But “legal” in the ACT comes with a lot of conditions, federal law hasn’t changed, and buying or selling is still a crime. Here’s the deal in 2026.
The short version
- Adults (18+) can possess up to 50g of dried cannabis (or 150g wet) without committing an ACT offence.
- You can grow 2 plants per person, max 4 per household, at the place you live. No hydro and no artificial light or heat.
- No smoking or vaping in public or around kids, and store it out of children’s reach.
- Buying, selling and sharing are still illegal, and cannabis is still illegal under Commonwealth law.
- Small amounts of other drugs have been dealt with by a $100 fine or diversion since October 2023.
- Driving with any THC is an offence, prescription or not. A Greens bill to create a medical defence is being looked at by an Assembly inquiry.
Possession and use
Since 31 January 2020, the ACT’s Drugs of Dependence Act 1989 has said it’s not an offence for an adult to possess a “small quantity” of cannabis. That’s:
- 50g of dried cannabis; or
- 150g of freshly harvested (wet) cannabis.
The rules that still apply:
- More than 50g is an offence (up to 50 penalty units and/or 6 months’ jail).
- Smoking or vaping in a public place, or exposing a child to the smoke or vapour, can get you up to 30 penalty units.
- Harvested cannabis must be stored out of reach of children.
- Under 18s aren’t covered. For them, small amounts are a minor offence dealt with by a notice.
- Selling, supplying or giving it to someone else is still an offence.
One penalty unit in the ACT is $160 for individuals (as at late 2025).
The federal catch
Possessing cannabis is still an offence under the Commonwealth Criminal Code. The Code has a defence where a state or territory law “justifies or excuses” the conduct, but legal commentators have argued the ACT’s law may not clearly do that. So a small risk of Commonwealth prosecution technically remains, even within the ACT limits. Also remember: the limits only apply inside the ACT. Cross into NSW and you’re under NSW law.
Other drugs: the 2023 change
Since 28 October 2023, the ACT has treated small amounts of other drugs differently too. If you’re caught with a small quantity of things like cocaine, MDMA, meth or psilocybin (for example, up to 1.5g of cocaine or 1g of heroin), police can give you a Simple Drug Offence Notice. You either pay $100 or attend a drug diversion program within 60 days. Either way, there’s no conviction. Carrying three or more kinds of drugs at once can take you over the limit.
Growing
Adults can grow 1 or 2 plants each, with a cap of 4 plants per household, no matter how many adults live there. The conditions:
- It has to be at the place you live, not a mate’s place or a public area.
- No “artificial cultivation”: that means no hydroponics and no artificial light or heat. Grow lights and grow tents with lamps don’t count as legal.
- Plants can’t be grown in an area the public can get to.
- More than 4 plants at a property, or growing somewhere you don’t live, can get you up to 50 penalty units and/or 2 years.
If you want tips on growing outdoors, check out our growing guide, but remember the indoor-lights rule if you’re in Canberra.
Medicinal cannabis
The ACT runs its own Medicinal Cannabis Scheme on top of the TGA’s federal rules:
- Any doctor or nurse practitioner can prescribe.
- THC (Schedule 8) products need approval from the ACT Chief Health Officer, which can be applied for alongside the TGA application.
- Raw cannabis for smoking can’t be prescribed or supplied in the ACT.
The ACT Health Minister said in 2026 there were about 56,000 prescribing events for 10,600 patients in the two years to June 2026.
Drug driving
Here’s the big trap: even though you can legally have cannabis in Canberra, you can’t drive with any THC in your system. Under section 20 of the Road Transport (Alcohol and Drugs) Act 1977:
- First offence: up to 25 penalty units ($4,000) and an automatic 6-month disqualification, which a court can reduce to no less than 3 months.
- Repeat offence: up to 50 penalty units and/or 6 months’ jail, and an automatic 12-month disqualification (reducible to no less than 6 months).
- Thinking an edible wouldn’t affect you is specifically not a defence.
Tougher penalties for repeat drink and drug drivers, a combined drink-and-drug offence and roadside cocaine testing came in from around May 2024.
If you’re a medicinal cannabis patient
There’s currently no medical defence in the ACT. The government’s own medicinal cannabis page tells pharmacists to warn patients about this.
In March 2026 the government declined a petition calling for a defence. In June 2026, ACT Greens MLA Andrew Braddock introduced the Road Transport (Alcohol and Drugs) Amendment Bill 2026. It would create a defence for prescribed patients where THC is the only drug found and there’s no evidence of impairment. The bill is with an Assembly inquiry. As of late September 2026 the government opposed it for now, with Attorney-General Tara Cheyne saying presence “is not the same as impairment” but that testing technology isn’t ready.
What’s changed recently
- 31 January 2020: Personal cannabis use laws started (50g, 2 plants).
- 28 October 2023: Small amounts of other drugs moved to a $100 fine or diversion.
- May 2024: Tougher drink and drug driving laws, including roadside cocaine testing.
- August 2024: The official review of the 2020 cannabis law found use stayed stable and below the national average, cannabis charges fell sharply, and there was no significant change in hospital presentations.
- October 2024: ACT election. Labor stayed in government, and the Greens dropped from 6 seats to 4.
- March 2026: Government declined to create a medicinal cannabis driving defence in response to a petition.
- June 2026: Greens introduced their driving defence bill. It’s now with an inquiry.
What’s being pushed for
- A medical driving defence: Andrew Braddock’s 2026 bill is the one to watch. No vote yet.
- Legal sale: We couldn’t find any ACT bill or government plan for legal cannabis shops. The ACT Greens say legal sales need a national approach because of Commonwealth law.
Last checked: October 2026
The fine print
This page is general information about ACT law, written by cannabis enthusiasts, not lawyers. It isn’t legal advice, and laws, penalty amounts and police policies change. Commonwealth law still applies in the ACT. If you’ve been charged or you’re worried about your licence, talk to a lawyer or contact Legal Aid ACT. If you’re a patient, talk to your prescriber about driving.
Looking for another state? Check out our state-by-state guide to cannabis laws in Australia.
Sources
- Drugs of Dependence Act 1989 (ACT), republication effective 16 November 2025
- Drugs of Dependence Regulation 2009 (ACT), effective 28 October 2023
- ACT Government, Review of the Personal Cannabis Use Amendment Act 2019 (August 2024)
- ACT Government, Prescribing and supplying medicinal cannabis (updated 14 July 2026)
- Road Transport (Alcohol and Drugs) Act 1977 (ACT), republication effective 26 November 2025
- Region Canberra, Higher road penalties and new crimes (16 May 2024)
- ACT Government response to e-petition 046-25 (March 2026)
- Cannabis Club Australia, ACT Greens introduce driving reform bill (17 June 2026)
- Region Canberra, Medicinal cannabis driving reform hits roadblock (30 September 2026)
- UNSW DPMP, How do Commonwealth drug laws relate to state and territory drug laws? (October 2024)
- ABC News, ACT election result (19 October 2024)
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