Cannabis law in Victoria (2026)
Last reviewed: 13 October 2026
In short: Possessing, using, growing or selling cannabis without authority is an offence in Victoria; for a small quantity not for trafficking the maximum penalty is 5 penalty units. Medicinal cannabis can be prescribed by a doctor. Driving with any THC in blood or oral fluid is an offence.
| Rule | What applies |
|---|---|
| Possession for personal usePersonal use by an adult | Criminal offence [1] |
| Quantity limitsPersonal use by an adult | There is no lawful amount. Possessing cannabis is an indictable offence; where the court is satisfied that it was not more than the small quantity applicable to cannabis and not for trafficking, the maximum penalty is 5 penalty units. [1] |
| Growing at homePersonal use by an adult | Prohibited [1] |
| Sale to consumersPersonal use by an adult | Prohibited [1] |
| Use or carrying in public placesPersonal use by an adult | Prohibited [1] |
| Medical cannabisPersonal use by an adult | Legal 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 adult | It is an offence to drive or be in charge of a motor vehicle while the prescribed concentration of drugs, or more, is present in the blood or oral fluid. For a prescribed illicit drug, any concentration is the prescribed concentration, and delta-9-tetrahydrocannabinol (THC) is a prescribed illicit drug. [3] |
Notes
- The offence is indictable but is usually dealt with summarily; the 5 penalty unit maximum applies to the small quantity category only. Possession above that, or for trafficking, carries higher penalties.
- The small quantity is fixed in the Act's Schedule 11 (column 4 for cannabis plant material is 500 g); it is not an allowance and does not make possession lawful.
- Schedule 11, Part 2 lists Cannabis L. with quantities of plants and grams; there are separate offences for larger quantities and commercial cultivation.
- Section 75 applies to using or attempting to use a drug of dependence anywhere; for cannabis the maximum is 5 penalty units.
- The Better Health Channel (Department of Health) summary states that medicinal cannabis products are legal medicines that can be prescribed by a doctor. Approvals from the Commonwealth may be needed before prescribing.
- Recreational use is prohibited, so this field does not apply and has not been given a value.
- The offence applies whether or not the driver is impaired. The Act's separate provisions on drivers with a lawful medical prescription were not read.
Sources
- Victorian Government (Victorian Legislation): Drugs, Poisons and Controlled Substances Act 1981 (Authorised Version No. 146, as at 30 September 2026) (consulted 13 October 2026) · all sources
- Better Health Channel (Department of Health, Victoria): Medicinal cannabis | Better Health Channel (consulted 13 October 2026) · all sources
- Victorian Government (Victorian Legislation): Road Safety Act 1986 (Authorised Version No. 237, as at 30 September 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 limits | There 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 cannabis | Legal for medical use (source: Therapeutic Goods Administration (TGA)) |
More rules in Victoria
- E-scootersUse on public roads: Yes, paths and roads up to 60 km/h · 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, CDS Vic · Deposit per container: 10c refund
- Minimum age for a car driving licenceMinimum age for a car licence: 18 (probationary licence) · Earliest age to drive a car supervised: 16
- Driving after drugsApproach to cannabis (THC): Any amount of THC is an offence · THC threshold: Any amount of THC
- E-bikes and speed pedelecsLegal class: Bicycle rules
- FireworksConsumers may buy and use category F2 fireworks: No (licensed only)
- Foreign driving licencesOverseas licence valid for a visitor: Yes, if living in Victoria under 6 months · Overseas licence after becoming a resident: Convert if living in Victoria 6+ months
- Home educationLegal status of home education: Registration required · Nature of the parental duty: School or registration
- Knives and pepper sprayFolding pocket knives: Controlled weapon; excuse needed · Locking or one-handed knives: Flick and butterfly 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: Mounted/built-in only; 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: One per level, plus by bedrooms
- Tobacco and nicotine age limitsMinimum age to buy tobacco: 18 · Minimum age to buy e-cigarettes: 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: 0.05% · Lower limit for novice or young drivers: 0.00% (zero)
Related pages
General information, not legal advice. Rules change: check the official source before you fly or ride.