The legal framework
Drug offences are created by state and territory legislation, with the Commonwealth handling importation under the Criminal Code Act 1995. Every jurisdiction operates some form of cannabis cautioning or diversion for minor possession; the Australian Capital Territory went further and decriminalised personal possession of small quantities of several drugs in October 2023.
In the Australian Capital Territory, possession of small amounts of cannabis, and since 2023 of specified quantities of other drugs, attracts a fine or a health referral rather than a charge.
Importation is a Commonwealth offence, and a commercial quantity carries life imprisonment. Airport detection is the most common way people are caught.
Pill testing services operate at festivals in the Australian Capital Territory and Queensland, and have identified substances sold as MDMA that were something else entirely.
Driving with any detectable illicit drug is an offence in every state, with roadside saliva testing widely used.
Key points
| Criminal law | State and territory legislation; Commonwealth for importation |
|---|---|
| ACT | Personal possession of specified quantities decriminalised since October 2023 |
| Diversion | Cautioning or diversion schemes in every jurisdiction |
| Importation | Commonwealth offence; life for a commercial quantity |
| Driving | Zero tolerance, roadside saliva testing |
In practice
- The National Alcohol and Other Drug Hotline, 1800 250 015, routes to the service in your state.
- Public alcohol and other drug services are free; waiting lists vary by state.
- Take-home naloxone is available free and without prescription through the Commonwealth programme.
Cost and coverage
Public treatment is free. Private residential rehabilitation costs thousands of dollars a week.
Recent changes
The Commonwealth take-home naloxone programme became permanent and free nationwide, and pill testing has expanded beyond the ACT.
Where to go
- National Alcohol and Other Drug Hotline, 1800 250 015.
- State-based services: DirectLine in Victoria, ADIS in New South Wales.
- Poisons Information Centre, 13 11 26.
- Emergencies: 000.
Worth knowing
The ACT position is exceptional. Two hundred kilometres away in New South Wales the same conduct is a criminal offence, and the difference is invisible on the ground.
Frequently asked questions
Is cannabis legal in Australia?
No. It is decriminalised for personal possession in the Australian Capital Territory and subject to cautioning schemes elsewhere, but it is not legal.
Is naloxone free?
Yes, take-home naloxone is free and available without prescription through the Commonwealth programme.
Official sources and links
- Federal Register of Legislation — Commonwealth law as made and in force
- Services Australia — government services and payments