Is Weed Legal in NSW? Here's What You Need to Know in 2025

Is Weed Legal in NSW?

If you’ve been wondering, “Is weed legal in NSW?” — the short answer is no, recreational cannabis remains illegal in New South Wales. However, the laws are nuanced, with exceptions for medicinal use and systems like cautioning for small amounts.

Cannabis, also known as marijuana, weed, or pot, is a prohibited drug under the Drug Misuse and Trafficking Act 1985 (NSW). Despite ongoing national debates and calls for reform, the substance remains restricted unless prescribed for medical reasons.

Definition of Cannabis

Under NSW legislation, cannabis includes:

• Cannabis plants (any part of the plant)

• Cannabis seeds

• Cannabis resin (hash)

• Cannabis oil

• Products infused with THC (tetrahydrocannabinol)

Possession of any of these items without legal authorisation can lead to criminal charges.

Cannabis Cautioning Scheme

While cannabis is not fully decriminalised, NSW operates a Cannabis Cautioning Scheme for adults found with small amounts (up to 15g). This scheme allows police to issue a caution rather than laying criminal charges, especially for first-time offenders.

However, this is at the discretion of the police and only applies under strict conditions. Repeat offences or possession of large amounts can result in prosecution.

Comparing Offences

Intent to distribute — even without selling — can elevate charges significantly.

Possession of Cannabis: Fines and Charges

For possession of a small quantity (under 15g):

• Police may issue a caution (up to two per person)

• No court appearance required

For larger amounts or repeat offences:

• Fines up to $2,200

• Imprisonment up to 2 years

• Criminal record

Cultivating Marijuana at Home

Growing cannabis — even one plant — without a medical licence is illegal. Cultivation offences are taken seriously and can lead to:

• Up to 10 years in prison for cultivation

• More severe penalties if it’s deemed for supply

Drug Driving and Cannabis Use

Driving with THC in your system is illegal, even if prescribed medicinally. NSW Police conduct roadside drug tests, and penalties include:

• Licence suspension

• Heavy fines

• Criminal conviction

Eligibility for Medicinal Cannabis Prescriptions

Since 2016, medicinal cannabis has been legal in NSW, but it’s tightly regulated. You must meet specific conditions to qualify, including:

• Chronic pain

• Epilepsy

• Multiple sclerosis

• Cancer-related symptoms

Approval from the Therapeutic Goods Administration (TGA) is required.

How to Obtain Medicinal Cannabis Legally

To access medicinal cannabis:

It’s critical to follow legal channels, as possessing cannabis without proper documentation remains a criminal offence.

Cannabis Cautioning Scheme

Adults found with ≤15g of cannabis may be issued a formal caution instead of being charged, if they admit guilt and have no serious criminal history.

When Police Will Charge You

Officers will likely pursue criminal charges if:

• You’re found with large quantities

• You have past drug convictions

• You’re near schools or public places

• There’s evidence of supply or trafficking

Legalisation Debates and Proposals

While the ACT has legalised possession and home-growing for personal use, NSW has yet to follow suit. However, advocacy groups and politicians continue pushing for reform.

Comparison with Other Australian States

How AHL Legal Can Help You Navigate Drug Laws

Facing a drug charge can be overwhelming. Whether it’s possession or supply, it’s vital to seek legal advice immediately. At AHL Legal, we’ve assisted hundreds of clients with:

• Defending cannabis-related charges

• Explaining medicinal cannabis rights

• Reducing penalties or achieving dismissals

Our experienced solicitors understand the nuances of NSW drug law and are committed to protecting your rights.

Contacting Legal Experts for a Free Consultation

If you’ve been charged or have questions about your cannabis rights in NSW, contact AHL Legal today. We offer confidential legal advice, whether you’re navigating a police caution or defending a criminal charge.