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Cannabis in ACT and NSW
By Sean Costello

Word Count: 1200

Each month, this column will examine laws throughout Australia particularly relevant to young people. Not only will this help inform young people of their rights, but will hopefully debunk many popular myths young people from a variety of sources.

This month we look at the cannabis laws in the Australian Capital Territory and New South Wales. Next month, we'll examine the cannabis laws in other Australian states.

It should be noted, that the penalties listed below are maximum penalties. Courts always have discretion to issue a lower penalty if they choose.

Australian Capital Territory

Despite popular opinion, the cultivation, supply and possession of cannabis are illegal in the ACT. However, police do have discretion to issue a Simple Cannabis Offence Notice (SCON), rather than arrest an offender. The notice includes a $100 fine, and can only be issued where:

  • There are no more than 5 cannabis plants; or
  • A person is not in possession of more than 25 grams (g) of cannabis; or
  • Self-administration

If a SCON is issued, no criminal conviction is recorded. However, a SCON cannot be issued for possession of cannabis resin or cannabis oil. Police do not have to issue a SCON, and can elect to arrest or issue a summons to an offender instead.

If police elect to arrest or issue a summons, or there is more cannabis found than the maximum for a SCON, then the law treats possession, cultivation and supply differently. Different penalties are also imposed, depending on the amount of cannabis in question.

Possession

If less than 25 g are found, the maximum penalty is $100 issued by the court, and a criminal conviction may be recorded.

If more than 25 g are found, then the maximum penalty is $5000 or 2 years imprisonment, or both. Again, a criminal conviction may be recorded.

If more than 25 g of cannabis are found, it is presumed the possession is for the purposes of sale and supply. This presumption can be rebutted by the offender.

Cultivation

If less than 5 plants are found, the maximum penalty is $100 imposed by the court, plus a criminal conviction. If 6 or more plants are found, an offender may be penalised $5000, or sentenced to 2 years in jail, or both.

Unless an offender can prove otherwise, if they are found with more than 5 plants, it is presumed they are in possession for the purposes of sale or supply. Again, this can be rebutted. Less than 5 plants carries a maximum penalty of $5000, 2 years imprisonment, or both.

Six to twenty plants carries a maximum penalty of $10 000 or 5 years imprisonment, or both.

Twenty-one to 1000 plants carries a maximum penalty of $20000 or 10 years imprisonment, or both.

Finally, if found with more than 1000 plants, an offender may be sentenced to life imprisonment.


Summary Table: Possession and Cultivation Maximum Penalties
P = Possession
C = Cultivation

  P of less than
25 grams		 P of more than 25 grams C of  less than 5 plants only C of more than 5 plants only C of  less than five plants, for purposes of sale and supply C of 
 6 to 20 plants, for purposes of sale and supply		 C of  21 – 1000 Plants, for purposes of sale and supply.  C of over 1000 for purposes of sale and supply.
Discretionary Penalty

SCON

-

SCON

 - - - - -
Maximum Penalty $100 + 
Potential Criminal Record

$5 000 OR
2 years prison OR
both

 

 $100 + Potential Criminal Record

$5 000 OR
2 years prison
OR
both

 

$5 000 OR
2 years prison
 OR
both

 

$10 000 OR 
5 years prison
 OR
both

 

$20 000 OR
10 years prisons
 OR
both

 

 Life Imprisonment

Note 1: If found with more than 25 g, or 5 plants, an offender is presumed to be in possession for the purposes of sale or supply

Note 2: A Simple Cannabis Offence Notice (SCON) carries a penalty of $100, but does not record a criminal conviction.

Sale and Supply

The sale and supply of cannabis includes an offer to supply to another person. Again, the law imposes different penalties depending on the amount in question.

If less than 100 g is sold or supplied to a person over 18, then the maximum penalty is $5000 or two years imprisonment, or both. If the sale or supply is made to someone under 18-years-old, then the maximum penalty is $10000 or 5 years imprisonment, or both.

If between 100g and 100 kilograms (kg) is found, then the maximum penalty is $20000 or 10 years imprisonment, or both.

Finally, if 100 kg or more is found, the maximum penalty is life imprisonment.

Summary Table: Sale and Supply Maximum Penalties

  Sale or Supply: 
Less than 100 g		 Sale or Supply: 
100 g to 100 kg		 Sale or Supply: 
More than 100 kg
Sold to Persons Over 18

$5 000 OR
2 years imprisonment OR
both

$20 000 OR
5 years imprisonment OR
both

 Life Imprisonment
Sold to Persons Under 18

$10 000 OR 
5 years imprisonment OR
both

-

-

 

New South Wales

New South Wales police also have discretion not to pursue criminal action against offenders, but this discretion is slightly different to that in the ACT. The Young Offenders Act (NSW) allows police to caution under-18s found with less than 30g of cannabis. The State Government has also introduced a trial policy of allowing police to caution adults found with less than 15 g of cannabis, however this is only a trial and is not enforced by legislation.

It is illegal in NSW to sell, supply or display bongs. The New South Wales law distinguishes between the various forms of cannabis.

Use, Possession and Cultivation

It is an offence to use, possess and cultivate cannabis in New South Wales. The use of cannabis, carries a maximum penalty of $2000 and/or 2 years imprisonment. The New South Wales law then imposes different penalties, depending on the amount, and purpose, of the cannabis found.

Possession of more than 30 g of cannabis leaf, 2 g oil, 5 plants and 5 g of resin, but less than the next bracketed amounts, will result in a maximum penalty of $10 000 and/or 2 years imprisonment.

Sale and Supply

Like the ACT, an offender is subject to different penalties if they are found to have possessed cannabis for the purposes of selling or supplying. Selling or supplying includes offering to supply, even if a person has no intention of actually supplying the drug. In a similar fashion to the ACT, if a person is found with more than 300 g of leaf, 5 g of oil or 30 g of resin, then they are deemed to be in possession for the purposes of selling or supplying. If this cannot be rebutted, they will be subject to indictment, and a more serious penalty may result.

The first bracketed amount imposes a maximum penalty of $200 000 and/or 10 years imprisonment if more than 1 kg of leaf, 10 g oil, 50 plants or 90 g of resin is found.

The next bracket relates to more than 25 kg leaf, 500 g oil, 250 plants or 2.5 kg of resin. It carries a maximum penalty of $350 000 and/or 15 years imprisonment.

The final brackets imposes a maximum $500 000 fine and/or 20 years imprisonment for more than 100 kg leaf, 2 kg oil, 1000 plants or 10 kg of resin found.

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