Weed is in Australia a restricted drug , which means that there are penalties for using it outside the legal provisions. On top of that, vaping products are illegal unless you have a prescription to import, sell or buy them.
Whether or not you can vape cannabis in Australia isn’t a straightforward yes-or-no discussion. Even where the law permits doctors to prescribe cannabis for medicinal purposes, there are still restrictions on how and where you can use weed. For example, you may be in trouble for vaping in smoke-free zones.
To understand whether you can vape weed in Australia, we’ll look at the restrictions or legal provisions in various states and territories, plus what the government says.
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Medical Cannabis in Australia
Cannabis for medicinal use became legal in Australia in 2016. As such, it’s a scheduled drug manufactured by government-approved manufacturers and dispensed on prescription through pharmacies with a license for scheduled medicines.
Therefore, you have to obtain a prescription first, and the doctor then seeks approval from the government to issue a prescription.
It is such a controlled drug that there is a single license to grow, produce and manufacture cannabis. A licensee can do one or all of these three activities.
The Australian government has a list of medicinal cannabis products that doctors and pharmacists can prescribe, including flower, vape powder, oil, capsules, and herb. Each category of products shows the cannabinoid content percentage. Nevertheless, this data comes from the manufacturers and sponsors of these products based on the legal standards for medicinal cannabis, not from government-backed analysis. Hence, these are all unapproved products.
A big chunk of these cannabis products—about 40%—are in flower form. But users can also try capsules, crystals, and creams.
If you want to vape, you must have the right vaporizer as some are for liquids, not dry herbs.
Cannabis Restrictions & Penalties in Australia
To start us off, what does the law say about cannabis possession and cultivation for recreational use?
The government’s stand on cannabis is clear; it’s illegal to possess or buy cannabis without a medical prescription. But some states have worked around this restriction to decriminalize the growing and use of cannabis at home.
One region with a different rule on possession of cannabis is the Australian Capital Territory (ACT). If you’re in this region, you can grow up to two plants. Also, you can grow four plants in one household.
The laws in the ACT region changed in 2020, so now people over 18 years can possess up to 150 grams of fresh weed. Nevertheless, even there, you can’t smoke it in a public place or grow it for public access. Also, you can’t give cannabis to another person as a gift or drive after indulging in cannabis at home.
Let’s look at the penalties for illegal possession in some states.
New South Wales & Victoria
In New South Wales, it may become a criminal charge if you are caught the second time. As a first offense, you’ll probably get a caution. Victoria state also treats it as a criminal offense. But when caught with less than 50 grams of weed the first time, you may get a caution and have to attend a counseling session.
Queensland
It states that even when you obtain it legally, you shouldn’t vape it in a smoke-free zone, or you’ll contravene the Transport Operations (Road Use Management) Act 1995.
Queensland can sentence you under several acts. For example, the Drugs Misuse Act 1986 may find you guilty of unlawful possession or supply and sentence you to about 20 years in jail.
South Australia
The fine is an expiation notice if you’re in possession for personal use. However, if you’re producing it illegally for sale, you can get up to 15 years in jail and a fine of up to $1 million.
Western Australia
It decriminalized this drug in 2004. Nonetheless, anyone caught with up to 30 grams of weed gets a fine. Offenders can pay the fine, challenge the fine in court or attend an intervention session instead of paying the fine.
Tasmania
Since you require a prescription to buy cannabis in Tasmania, it’s illegal to cultivate it for recreational use. This state defines a trafficable quantity of cannabis as 20 individual plants and 25 grams of oil or resin. The penalty for such amounts is 21 years for possession, selling, or manufacturing of a controlled plant.
Northern Territory
This is among the states that decriminalized cannabis. However, recreational use still attracts a fine even when you possess less than 50 grams at home. The charge can attract a jail term if you have it in public.
Final Thoughts
Yes, you can vape weed, but only after your doctor gives you a prescription and you use the legal channels to acquire it. Recreational use is still illegal and attracts fines and penalties.
However, these penalties vary depending on the state and the amount of cannabis in your possession. Even in territories like the ACT, where you can grow several cannabis plants, you can’t smoke it in public zones, sell it, or gift it to someone.
