Cannabis law in New South Wales (2026)

Last reviewed: 13 October 2026

In short: Possessing, growing, supplying or using cannabis for recreational purposes is an offence in New South Wales. Cannabis medicines can be prescribed by a doctor with the relevant approvals. Driving with THC present in oral fluid, blood or urine is an offence.

RuleWhat applies
Possession for personal usePersonal use by an adultCriminal offence [1]
Quantity limitsPersonal use by an adultThere is no lawful amount for recreational use. Possessing any amount of a prohibited drug is an offence under section 10(1). [1]
Growing at homePersonal use by an adultProhibited [1]
Sale to consumersPersonal use by an adultProhibited [1]
Use or carrying in public placesPersonal use by an adultProhibited [1]
Medical cannabisPersonal use by an adultLegal for medical use [2]
VisitorsPersonal use by an adult⚠ Not yet verified
Minimum agePersonal use by an adult⚠ Not yet verified
Purchase limit in licensed shopsPersonal use by an adult⚠ Not yet verified
Driving after cannabis usePersonal use by an adultIt is an offence to drive, or attempt to put a motor vehicle in motion, while any prescribed illicit drug is present in the oral fluid, blood or urine. The prescribed illicit drugs include delta-9-tetrahydrocannabinol (THC). Maximum penalty: 20 penalty units for a first offence and 30 for a second or subsequent offence. [3]

Notes

  • NSW Health states that possession, supply, manufacture, production and cultivation of cannabis for purposes other than medical use, including recreational use, remains prohibited under the Drug Misuse and Trafficking Act 1985. The statute was read as an Internet Archive snapshot of 12 December 2025 because legislation.nsw.gov.au returns 403 to scripts.
  • The Act contains no personal-use allowance. Any cautioning or diversion practice of NSW Police was not read and is not stated.
  • Section 23 also covers possessing a prohibited plant and cultivating it by enhanced indoor means for a commercial purpose.
  • Section 12 applies to a person administering a prohibited drug to himself or herself, wherever this happens. It does not apply to a drug lawfully prescribed for or supplied to the person.
  • A patient or carer may possess and administer a cannabis medicine that has been lawfully prescribed or supplied. Cannabis medicines may impair fitness to drive.
  • Recreational use is prohibited, so this field does not apply and has not been given a value.
  • Read as an Internet Archive snapshot of 11 January 2026 because legislation.nsw.gov.au returns 403 to scripts. The definition of prescribed illicit drug lists THC, methylamphetamine, MDMA and cocaine.

Sources

  1. NSW Parliamentary Counsel's Office (NSW legislation): Drug Misuse and Trafficking Act 1985 No 226 (Internet Archive snapshot of 12 December 2025) (consulted 13 October 2026) · all sources
  2. NSW Health: Information for patients about medicinal cannabis - NSW Health (consulted 13 October 2026) · all sources
  3. NSW Parliamentary Counsel's Office (NSW legislation): Road Transport Act 2013 No 18 (Internet Archive snapshot of 11 January 2026) (consulted 13 October 2026) · all sources

National rules that also apply

These rules are set at national level in Australia and apply here too, alongside the rules above. All national rules for Australia

Quantity limitsThere is no single national rule. Possession, cultivation and use of cannabis are mostly governed by state and territory law, and those laws differ. (source: Australian Government Department of Health, Disability and Ageing)
Medical cannabisLegal for medical use (source: Therapeutic Goods Administration (TGA))

More rules in New South Wales

  • E-scootersUse on public roads: Banned (private e-scooters) · Minimum age: 16
  • Car speed limitsBuilt-up areas: 50 km/h · Outside built-up areas (single carriageway): 100 km/h
  • Deposit return schemes and plastic bagsNational deposit return scheme in operation: Yes, Return and Earn · Deposit per container: 10c refund
  • Minimum age for a car driving licenceMinimum age for a car licence: 17 (P1 licence) · Earliest age to drive a car supervised: 16, with a supervisor
  • Driving after drugsApproach to cannabis (THC): Any trace is an offence · THC threshold: Any active THC
  • E-bikes and speed pedelecsLegal class: Bicycle rules · Minimum age: None at present (12-16 planned)
  • FireworksConsumers may buy and use category F2 fireworks: No (licence needed)
  • Foreign driving licencesOverseas licence valid for a visitor: Yes, up to 6 months as a temporary visitor · Overseas licence after becoming a resident: Permanent resident: NSW licence within 3 months
  • Home educationLegal status of home education: Registration required · Nature of the parental duty: School or registration
  • Knives and pepper sprayFolding pocket knives: Offence without reasonable excuse · Locking or one-handed knives: Auto-opening knives prohibited
  • Motorcycles: helmets and licencesHelmet required for the rider: Yes · Helmet required for a passenger: Yes
  • Paid holidayMinimum paid leave a year (weeks): 4 weeks (5 for some shiftworkers) · Minimum paid leave as the law states it: 4 weeks a year; extra week for some shiftworkers
  • Using a mobile phone while drivingHolding a phone while driving banned: Banned · Hands-free use: Cradle only, touch limited; L/P: none
  • Seat belts and child seatsSeat belt compulsory in front seats: Yes · Seat belt compulsory in rear seats: Yes
  • Smoke alarms in homesSmoke alarm legally required in homes: Yes, all homes · Minimum alarms and where: At least one working smoke alarm complying with Australian Standard 3786 on each level of the premises.
  • Tobacco and nicotine age limitsMinimum age to buy tobacco: 18
  • Drinking age and alcohol salesMinimum age to buy beer and wine: 18 · Minimum age to buy spirits: 18
  • Drink-driving limitsBlood alcohol limit for ordinary drivers: Under 0.05% · Lower limit for novice or young drivers: 0.00% (zero)

Compare with the other states and provinces →

General information, not legal advice. Rules change: check the official source before you fly or ride.