Cannabis Laws

Cannabis Laws in Tasmania (2026): Possession, Growing, Medicinal Cannabis and Driving

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Tassie might look like a chilled-out hippie haven from the mainland, but its cannabis laws are some of the toughest on paper. Even owning a bong can land you a hefty fine. There is one big bright spot though: Tasmania is still the only state with a medical defence for driving with prescribed THC in your system. Here’s how it all works in 2026.

The short version

Possessing or using cannabis can get you up to 50 penalty units ($10,650 in 2026-27) and/or 2 years’ jail.
Owning a bong or pipe is its own offence, with a fine of up to 50 penalty units.
Police use a three-step diversion system for small amounts: caution, then a brief health intervention, then assessment and treatment.
Growing any plant is illegal, with the same maximum as possession.
Medicinal cannabis is legal with a script, and GPs have been able to prescribe since 2021.
Tasmania has a medical defence for drug driving if your THC was prescribed and dispensed under Tasmanian law. Driving while impaired is still an offence, and the government still advises patients not to drive.

Possession and use

Cannabis offences sit under the Misuse of Drugs Act 2001, which hasn’t been amended since November 2022. Fines are in penalty units. For 2026-27, one Tasmanian penalty unit is $213 (it was $205 in 2025-26).

Possessing or using cannabis (section 25): up to 50 penalty units ($10,650) or 2 years in jail.
Possessing a bong, pipe or anything made or adapted for using cannabis (section 23): up to 50 penalty units. That’s a fine only, but it’s a big one.
Selling or supplying small amounts: up to 100 penalty units ($21,300) or 4 years.

The “trafficable quantity” for cannabis is 1kg of plant material, 20 plants, 20 individual packages, or 25g of resin or oil. Above that, you’re presumed to be selling unless you can prove otherwise.

Cute souvenir. Also a potential $10,650 fine in Tassie.

Cautions and diversion

Tasmania Police use a three-level diversion system for small personal amounts:

First time: a caution (cannabis only).
Second time: a brief intervention with a health provider.
Third time: referral to drug assessment and treatment.

If you complete it, you’re not charged. It’s discretionary, and the officer has to believe the cannabis was for personal use.

Plenty of websites say it only applies to under 50g and that you can get no more than three cautions in ten years. We couldn’t confirm those limits from Tasmania Police, and a 2024 UNSW drug policy paper says there’s no set quantity limit. Treat any limit you read online with a grain of salt.

Growing

There’s no legal plant number in Tasmania. Cultivating cannabis (section 22) carries up to 50 penalty units or 2 years. If police reckon you’re growing to sell, it’s up to 100 penalty units or 4 years in the Magistrates Court, or up to 21 years if it’s prosecuted as a serious crime in the Supreme Court. Growing 20 or more plants means you’re presumed to be growing for sale.

Medicinal cannabis

Medicinal cannabis is legal in Tasmania with a prescription. A few things that are different here:

GPs can prescribe. Since 1 July 2021, Tasmanian GPs can prescribe unregistered medicinal cannabis (with TGA approval) and community pharmacies can dispense it. You don’t have to go through a specialist any more.
The Controlled Access Scheme (the original 2017 specialist-only pathway) still exists for subsidised access through the public health system.
Tasmanian approval for THC products: doctors need a state authorisation before prescribing Schedule 8 (THC) products. CBD-only products don’t need one. (We saw this on Tasmania’s health website but couldn’t load the full page, so double-check with your prescriber.)
Interstate scripts now work. Since 16 February 2026, Tasmanian pharmacies can dispense most interstate prescriptions, including medicinal cannabis.

The government says more than 229,000 unregistered Schedule 8 cannabis products have been dispensed in Tassie since July 2021, and over 10,700 patients got one through a community pharmacy in the year to mid-2026.

Drug driving

Tasmania Police test drivers for THC with saliva tests. Under section 6A of the Road Safety (Alcohol and Drugs) Act 1970, it’s an offence to drive with a prescribed illicit drug (including THC) in your blood or saliva. If you’re tested within 6 hours of driving, the drug is presumed to have been there while you were driving.

Penalties for a “drug present” offence:

First offence: a fine of 2 to 10 penalty units ($426 to $2,130) and a 3 to 12 month disqualification. Up to 3 months’ jail is possible.
Repeat offence: a fine of 4 to 20 penalty units ($852 to $4,260) and a 6 to 24 month disqualification.

Driving under the influence (actually impaired) is a separate offence, and a prescription is no defence to that.

If you’re a medicinal cannabis patient

This is the good news story. Section 6A(2) says you don’t commit the “drug present” offence if the drug “was obtained and administered in accordance with the Poisons Act 1971“. In plain English: if your THC was legally prescribed and dispensed, and you took it as directed, the presence offence doesn’t apply to you. Tasmania is still the only state or territory where that’s the case.

A few big caveats:

It doesn’t cover impairment. If you’re actually affected, you can still be charged with driving under the influence.
Interstate scripts have been a problem. In Smith v Marshall [2024] TASMC 12, a driver lost the defence because their cannabis was prescribed by a Victorian doctor and posted from a Victorian pharmacy. The court said it hadn’t been obtained under Tasmanian law. Since February 2026, Tasmania recognises interstate prescriptions, which may fix this, but no court has tested it yet. To be safe, get your script from a Tasmanian prescriber and fill it at a Tasmanian pharmacy.
The government still says don’t drive. In its June 2026 response to a cannabis petition, the Attorney-General said medicinal cannabis “can cause impairment and affect fitness to drive” and recommended patients don’t drive while being treated. Whether you get charged is up to Tasmania Police.
Carry evidence of your prescription and keep your medicine in its pharmacy packaging.

What’s changed recently

1 July 2021: GPs could start prescribing medicinal cannabis, and community pharmacies could dispense it.
2024: The Smith v Marshall decision showed the driving defence doesn’t cover cannabis obtained under an interstate script.
16 February 2026: Interstate prescriptions, including medicinal cannabis, recognised in Tasmania.
April 2026: A petition with 1,540 signatures asking for a parliamentary inquiry into cannabis laws (including driving) was tabled in the House of Assembly.
June 2026: The government rejected the inquiry and restated its “consistent position not to decriminalise cannabis for recreational use”.
No changes to the cannabis offences in the Misuse of Drugs Act since 2022.

What’s being pushed for

A parliamentary inquiry: The 2025-26 “Cannabis Law Reform” petition, sponsored by independent MP Craig Garland, asked for an inquiry covering recreational use, medicinal cannabis and driving. The government said no.
Legalisation: The Tasmanian Greens support legalisation in principle, but we couldn’t find any Tasmanian legalisation bill introduced between 2023 and 2026.
Nationally: The Greens’ federal Legalising Cannabis Bill 2023 was voted down in the Senate in November 2024.

Last checked: October 2026

The fine print

This page is general information about Tasmanian law, written by cannabis enthusiasts, not lawyers. It isn’t legal advice, and laws, penalty amounts and police policies change. If you’ve been charged or you’re worried about your licence, talk to a lawyer or contact Tasmania Legal Aid (1300 366 611). 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.