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Cannabis in Victoria

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Status of Cannabis in Victoria (Australia)

Cannabis in Victoria
The state of Victoria coloured in red.
MedicinalLegal
RecreationalIllegal
SpiritualIllegal
HempLegal

Cannabis in Victoria has been legal for medicinal use since the Andrews government passed legislation for a trial of medically-necessary cannabis since 2016. The role out of the first Victorian-grown medicinal cannabis products was scheduled to occur in 2017, however, in late 2016 the federal Turnbull government passed legislation legalising the prescribed use of cannabis federally, affecting the initial role out. Hemp has been legal federally since 2017; no such law has legalised the recreational use of cannabis in Victoria, and therefore recreational cannabis remains illegal.

Although possession of cannabis for recreational use is illegal in Victoria, possession of under 50 grams generally warrants a caution notice and advice to attend drug counselling.

Legality history

In 1928, Victoria became the first state to control cannabis use, making it a criminal offense.

State-based medicinal legalisation – 2015/16

During the 2014 Victorian state election campaign, the Victorian Labor Party committed to legalising the medical use of cannabis in 'exceptional circumstances', citing community feedback from parents in the state alleging that cannabis had helped their children combat debilitating illness unlike other legal pharmaceuticals.

The Andrews government asked the Victorian Law Reform Commission to advise on how to structure the new laws, giving people with illness a pathway to access of cannabis without making it widely available to the general population. The VLRC provided 42 recommendations, of which the government accepted 40 fully and accepted 2 in principle. In 2016, the bill to legalise the medicinal use of cannabis within a regulatory framework passed the Victorian Parliament.

Federal medicinal legalisation – 2016

Following the introduction and debate of the Victorian law in 2015, moderate Prime Minister Malcolm Turnbull announced he would advise his respective minister to draft legislation which would allow the medicinal, scientific and industrial use of cannabis and hemp in Australia, with prospective patients requiring a prescription from their doctor to access approved products. The bill passed later in 2016, with support of all major parties.

The Australian Government allowed exports of Australian-grown medical cannabis in 2018.

Greens legalisation and decriminalisation proposal – 2022

During the 2022 Victorian state election campaign, the Victorian Greens announced a policy that would legalise the adult recreational use of cannabis in Victoria. The law, if enacted, would see a 30% tax applied to cannabis products, similar to alcohol and residents would be able to legally purchase cannabis from a store. The Greens said according to the Parliamentary Budget Office costings, the taxation could raise over $1bn in revenue for the state government in a decade, and save $250m from justice system costs in the same time frame.

A secondary component to the 2022 proposal was the decriminalisation of cannabis for adult use from 2023.

As of 2025, the bill has not been introduced to parliament.

Other reforms

As of 2025, Victoria is undergoing a trial which would allow users of medicinal cannabis to drive, so long as they are not impaired.

Partisan views on cannabis legalisation in Victoria

Party Views Notes
Liberal Victoria Against Against general legalisation, pro-medicinal.
Victorian Labor For Open to future discussion, pro-medicinal
Victorian Greens For Pro-legalisation, pro-medicinal.

Opinion polling

A poll conducted in 2024 of 1511 Victorians found that 54% were pro-legalisation, 28.5% opposed, whilst 17.5% were unsure.

See also

References

  1. "A State-by-State Guide to Cannabis in Australia | INN". investingnews.com. Retrieved 13 January 2025.
  2. Campbell, A (2001). The Australian Illicit Drug Guide: Every person's guide to illicit drugs – their use, effects and history, treatment options and legal penalties. Black Inc. National Library of Australian Cataloguing. ISBN 1-86395-362-0
  3. "Medicinal marijuana to be legalised in Victoria". ABC News. 6 October 2015. Retrieved 13 January 2025.
  4. "Medicinal Cannabis [2015] VLRC 32". www.austlii.edu.au. Retrieved 13 January 2025.
  5. "Legalising medicinal cannabis: Victoria shows the way". Pursuit. Retrieved 13 January 2025.
  6. Lee, Jane (16 October 2015). "Medicinal cannabis: Turnbull government to introduce law to legalise and license growers". The Sydney Morning Herald. Retrieved 13 January 2025.
  7. "Historic medicinal cannabis legislation passes Parliament | Centre for Medicinal Cannabis Research and Innovation". www.medicinalcannabis.nsw.gov.au. Retrieved 13 January 2025.
  8. "Turnbull Government to allow medicinal cannabis exports". Professor The Hon Greg Hunt. 4 January 2018. Retrieved 13 January 2025.
  9. "Legalise It | Australian Greens Victoria". greens.org.au. Retrieved 13 January 2025.
  10. Kolovos, Benita (9 October 2022). "Victorian Greens push for cannabis to be legalised, taxed similarly to alcohol". The Guardian. ISSN 0261-3077. Retrieved 13 January 2025.
  11. ^ "Bold plan to legalise cannabis in one state". news. Archived from the original on 13 October 2022. Retrieved 13 January 2025.
  12. Kolovos, Benita; correspondent, Benita Kolovos Victorian state (30 October 2024). "Drivers to escape punishment over medical cannabis under interim Victorian proposal". The Guardian. ISSN 0261-3077. Retrieved 13 January 2025. {{cite news}}: |last2= has generic name (help)
  13. corporateName=Commonwealth Parliament; address=Parliament House, Canberra. "Additional comments from Coalition Senators". www.aph.gov.au. Retrieved 13 January 2025.{{cite web}}: CS1 maint: multiple names: authors list (link)
  14. Eddie, Rachel (29 November 2023). "Victorian government open to discussing decriminalising cannabis use". The Age. Retrieved 13 January 2025.
  15. "Legalise It | Australian Greens Victoria". greens.org.au. Retrieved 13 January 2025.
  16. "Poll shows majority support for legalising pot in Victoria". www.thenewdaily.com.au. 17 March 2024. Retrieved 13 January 2025.
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