Cannabis and the law
Please note that the information on cannabis and the law provided does not constitute legal advice and should not be relied upon in this way. The information is correct at the time of publication. People wanting legal advice should consult a lawyer.
You are breaking the law if you possess, use, grow, import or sell cannabis (marijuana), cannabis resin (hash) or hash oil. In NSW, if you are found guilty of possessing or using cannabis, you could get a fine of up to $2,200, and/or other penalties including community service work or a term in prison of up to 2 years. These penalties apply to both adults and young people aged between 10 and 18 years.
For growing, importing or selling cannabis, the penalties are more severe. The severity of the penalty depends on the amount of cannabis, if it was being sold, and if you have prior convictions.
You may get a criminal record if you are found guilty of possessing, selling or growing cannabis. This makes it hard to get a job, a credit card, or a visa to travel to other countries.
Cannabis Cautioning Scheme
On 3 April 2000, the NSW Government introduced the Cannabis Cautioning Scheme. Under this scheme, police can issue a caution to adults in possession of up to 15g of cannabis leaf (about enough for 15–25 joints). A caution provides a warning of the health and legal consequences of using cannabis and information on where to seek treatment.
This scheme does not mean that cannabis is now legal or decriminalised. Rather that police have the discretion to issue a caution for small amounts of cannabis. At all times police retain the option of charging people for these offences.
Under this scheme a person can receive the benefit of only two cautions.
Young Offenders Act 1997 – Drug Amendments
Changes to the Young Offenders Act allow police to divert young people aged between 10 and 18 years from the courts for minor drug offences. As a consequence, possession of a small quantity of cannabis leaf for personal use can now be dealt with by way of a formal warning, caution or youth justice conference. Decisions made by the police in relation to the Act will depend on the young person, their criminal record and the seriousness of the offence.
