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Written by: Braden Milburn
Between 2022-2023, cannabis was reported as the most commonly used illicit drug in Queensland. Since Australia’s federal parliament introduced new laws legalising cultivation of cannabis and ‘cannabinoids’ for medicinal use in February 2016, the industry has grown significantly.
According to the Guardian, it’s “estimated Australians spent $234m on medicinal cannabis products in 2022, rising to $448m in 2023, and $402m in just the first six months of 2024.”
Despite its popularity, cannabis use in Queensland is still tightly regulated, even for medicinal purposes. Keep reading to find out when prescription cannabis use is legal and when it isn’t.
Medical Cannabis Is Legal If Lawfully Supplied
“Medical weed” or “prescription weed” is legal in Queensland if you possess and use medicinal cannabis that is lawfully supplied.
You may lawfully obtain a medical clearance to treat any diagnosed illness with cannabis or cannabis-related products. However, strict compliance is essential.
Under Section 9 of the Drugs Misuse Act 1986 (Qld), it is an offence to possess cannabis unless authorised for medical purposes.
For example, a person with a medicinal cannabis pen may lawfully consume the product themselves. However, if the product is shared with a friend who does not hold any medical clearance, both parties are committing a crime.
Who Can Access Medical Marijuana?
Any individual who suffers from a relevant medical condition in Queensland may seek a prescription from a relevant medical practitioner.
It is at the medical practitioner’s discretion to issue a prescription for medical cannabis. Evidence must be provided showing previous medications or methods used to treat the condition before medical marijuana can be prescribed.
Medicinal Cannabis and Driving Laws in Queensland
In Queensland, section 79(2AA) of the Transport Operations (Road Use Management) Act 1995 (Qld) makes it an offence to drive a vehicle whilst a relevant drug is present in saliva. This applies to cannabis, including where the holder uses it lawfully for medicinal purposes.
The difficulty that arises here is that a person might consume cannabis lawfully and it may remain in their saliva for a period of time thereafter. This means a person might be charged with a criminal offence despite not being “high” at the time of driving.
Persons convicted of a crime under this section might be liable to a penalty not exceeding 14 penalty units or to imprisonment for a term not exceeding 3 months.
Growing Medicinal Cannabis is Illegal in QLD
It is illegal to grow your own medical marijuana in Queensland as stated in the following Acts:
- Commonwealth Therapeutic Goods Act 1989 (Commonwealth)
- Narcotic Drugs Act 1967 (Commonwealth)
- Queensland Drugs Misuse Act 1986
- Medicines and Poisons (Medicines) Regulation 2021
Exceptions For The ACT
The possession and growth of small amounts of Cannabis was decriminalised in Canberra in 2023.
This remains a state-legislated change and various other States and Territories, including Queensland, still maintain all forms of non-medicinal cannabis to be illegal.
Recreational Cannabis is Illegal In Queensland
Despite it’s popularity in Queensland, it is still a criminal offence to grow or use cannabis recreationally.
Possession, trafficking, supply and production of cannabis attracts maximum penalties, ranging between 15 and 25 years imprisonment.
Consequences Of Illegal Cannabis Use
In Queensland, cannabis remains illegal for recreational use under the Drugs Misuse Act 1986, which classifies it as a Schedule 2 dangerous drug. Other Schedule 2 dangerous drugs include Ketamine, Lysergic acid and Fentanyl.
The Greens party recently issued a bill to legalise the cultivation, possession and use of cannabis on a federal level. However, this bill was unsuccessful. The Greens have maintained strong intentions to make a further attempt in the future.
Common Cannabis Offences in Queensland
Possession, use, production, supply, and trafficking of cannabis are all prohibited and can result in serious legal consequences.
Trafficking
Section 5 of the Drugs Misuse Act 1986 (Qld) refers to trafficking as an offence. Trafficking refers to carrying on a business of unlawfully selling cannabis. Essentially, a ‘drug dealer’ who sells cannabis as part of a business may be convicted of trafficking.
Supplying (Or Sharing)
Section 6 of the Drugs Misuse Act 1986 (Qld) makes it a criminal offence to supply cannabis to another person, regardless of whether payment is involved. “Supply” includes giving, offering, or distributing cannabis.
Growing
Growing cannabis is illegal in Queensland under Section 8 of the Drugs Misuse Act 1986 (Qld). This includes growing a single plant or operating large-scale grow houses.
Possession
Possession includes having cannabis on your person, in your home, or under your control in any way. If cannabis is found in your vehicle or home, even if it isn’t yours, you might be liable to possession.
How Cannabis Charges Are Dealt With in Court
Being charged with a drug-related offence is generally considered indictable (meaning, being ordinarily dealt with in the District or Supreme Courts); however, this depends on a range of factors including the vicinity, method and quantity of cannabis being used, supplied or grown.
In some cases, such as minor possession, the charge might be within range to be dealt with in the Magistrates Court.
Charged for a Drug Offence? Get Legal Advice
If you or someone you know has been charged with a drug-related offence, it is imperative that you seek legal advice to understand your rights and your position. In particular, it is in your best interests to understand the nature of your charges and how they might be dealt with in Court.
The Penalties and Sentences Act 1992 (Qld) sub-section 9(2) states a Judge or Magistrate must have regard to the presence of any aggravating or mitigating factor concerning the offender.
The reason a person uses cannabis, to relieve symptoms of illness or pain, is a factor the court must take into consideration when determining the sentence to be imposed on a person charged. Any submission to the court regarding medical needs, such as pain and illness would need to be supported by evidence.
Disclaimer:
The information contained in this article is for general informational purposes only and is not intended to provide legal advice or substitute for the advice of a professional. This information does not consider your personal circumstances and may not reflect the most current legal developments. Should you need advice, please contact our firm for targeted information relating to personal your situation.
