Are edibles legal in Australia? Other countries have already legalised cannabis, but Australia has not fully legalised it. However, there are states where it is legal — in terms of medical purposes. Let’s look at them one by one.
New South Wales
Are edibles legal in NSW? In NSW possession, use and supply of cannabis is illegal but there is leniency for first-time offenders with under 15 grams who will get a caution. The laws recognise the therapeutic benefits of medicinal cannabis products and any doctor can prescribe it if deemed necessary.
Victoria
Are edibles legal in Australia, Victoria? Victoria legalised medical marijuana. Like NSW, possession of small amounts for personal use will be a caution for first-time offenders. But possession of over 50 grams is serious and 250 grams or 10 plants is trafficable and will admit someone in the Victoria Cannabis Cautioning Program. Medicinal cannabis is legal in Victoria with the right prescription.
Queensland
Are edibles legal in Australia, Queensland? Growing and recreational use of cannabis is illegal in Queensland under various Acts except for medicinal use. In the state, any registered medical practitioner can prescribe cannabis products. Both the Drugs Misuse Act 1986 and the Drugs Misuse Regulation 1987 regulate the commercial production of industrial hemp in QLD.
South Australia
Are edibles legal in South Australia? Possession, use and cultivation of cannabis is illegal in South Australia. But possession for personal use will get a fine without a conviction. Medical cannabis is available by prescription, for persons 60 years and older and terminal patients.
Western Australia
Are edibles legal in Western Australia? WA decriminalised cannabis but reversed the decision in 2011. But recent changes allow general practitioners to prescribe if went through clinical trials and with both Commonwealth and state approval.
Tasmania
In Tasmania, cannabis more accessible since 2021. General practitioners in this state can now prescribe it under certain conditions. However, recreational cannabis is still illegal and possession of small amounts can still result in warnings.
Northern Territory and Australian Capital Territory
Are edibles legal in the Northern Territory and Australian Capital Territory? In NT, their laws decriminalise cannabis but penalties still apply in certain circumstances. Medicinal cannabis uptake has been slow due to limited prescribers.
On the other hand, the Australian Capital Territory (ACT) introduced new rules for personal cannabis use in 2020. While some drug penalties changed in 2023, the following rules for adult cannabis use in the ACT remain in place for 2024:
- Cannabis use is permitted in private residences.
- Adults can possess up to 50 grams of cannabis for personal use.
- Adults can grow up to two cannabis plants for personal use.
A Not So Sweet Treat
Cannabis is a very popular substance among people, young and old alike. However, not all countries legalise this drug whether it is for recreational use or not. After all, this drug is a controversial topic despite its therapeutic potential. Cannabis is usually smoked, but some users have found a way to ingest it in another way.
For some people who want to stop smoking cannabis, but still want the “high” feeling, “edibles” are the way to go. These are any food, candy, baked goods or beverages that contain ingestible cannabis extracts. These products often have a high dose of THC (tetrahydrocannabinol), but some medicinal edibles have higher CBD (cannabidiol) and lower THC.
Drinkables are another way to ingest the substance if people prefer to drink them. Once you consume this as an edible, the effects will kick in after digestion. Cannabis is extracted from a cannabis sativa plant which acts as a central nervous system depressant.
One might also think of simply eating the plant itself, but this won’t get you high. So, the cannabis must be decarboxylated, a process that activates the chemicals that get you high. As a result, cannabis users have found edibles or drinkables as a recreational alternative instead of smoking the plant.

Are Edibles Legal in Australia: Effects of Cannabis Use
Cannabis has always provided that “high” sensation to anyone who ingests it. Shoulders feel less tense, jaws will unclench, and the ever-famous euphoric feeling. Aside from these, people who use cannabis may also experience short-term effects:
- Altered senses (People may see more saturated colors, or scents smell stronger)
- Red and watery eyes
- Coughing
- Dry mouth
- Upset stomach
- Altered sense of time and space
- Mood changes
- Anxiety and paranoia
- Increased appetite or desire for food which is usually called “the munchies”
- Impaired thinking and problem-solving skills
- Disorientation and confusion
- Relaxation/sleepiness (the cannabis strain, Indica, causes this)
- Energised and uplifting feeling (the cannabis strain, Sativa, causes this)
Cannabis has short-term and long-term effects. When smoked its effects are immediate but when eaten it can take up to 60 minutes to feel its effects due to digestion. People who take high doses of marijuana can cause panic, confusion, paranoia, nausea and impaired coordination.
These effects can last 2-4 hours but its detection in bodily fluids for days to weeks. Long-term heavy use can lead to dependence, respiratory problems, cardiovascular damage and mental health issues. Pregnant women who smoke cannabis are at risk of premature birth and low birth weight. Don’t even think of smoking tobacco when you’re pregnant sincec this can also worsen the risk.
An Eye Candy for Children?
According to an article, edible cannabis plant-infused gummies are said to be trending among all sorts of social circles in Sydney. The treat is available from the rich to the restaurant servers because they are discreet. These cannabis edibles, with either THC or CBD oil, look like regular gummy bear candies or soft multivitamins.
The Therapeutic Goods Administration regulates medicinal cannabis products. A list of unapproved medicinal cannabis products has been released by the TGA. They are arranged according to the active ingredient category (high THC, low CBD, etc.). Because of how edibles look, other countries are worried about kids getting their hands on them.
Sadly, last April 2024, 7NEWS Australia reported young campers who ate cannabis cookies with synthetic cannabinoids. The poor campers experienced symptoms like vomiting and hallucinations but were discharged from local hospitals after recovering. In other news, two students also landed in a hospital last August 2024 because of consuming THC-laced gummies.
These two news sources should already spark concern, especially for parents and children. Maybe this is why most Australian states only permit cannabis for its medical prowess. When used with little to no caution, cannabis can do more harm than good.
Are Edibles Legal in Australia: Don’t Get High on the Road
We’ll tell you straight now. Do not under any circumstance even think or attempt to smoke marijuana before and while you drive! As mentioned above, certain laws only allow people to use cannabis in certain states — mostly for medical use. Even a tiny dose of the drug, paired with driving is already a recipe for a car accident.
Cannabis can seriously impair your ability to drive and may land you with a criminal offence. Here’s why you should never mix cannabis and driving:
- Slower Reaction Time: Cannabis slows your reaction time, you can’t react to sudden changes on the road. This can lead to accidents if you can’t brake or swerve in time.
- Altered Perception:
“Am I driving too fast or too slow?”
“How far am I from the car in front of me?”
You may end up thinking of these questions to yourself if you feel high on the road. Cannabis can distort your sense of time, distance and speed. You might think other cars are further away or you’re going slower than you are.
- Impaired Coordination: Let’s say you did take cannabis and realised you’re going too fast or you’ve realised you’re too close to the vehicle in front of you. However, how fast can you change the speed or change lanes? Cannabis can impede your coordination, you can’t steer smoothly, control your speed and stay in your lane.
I’m High Right Now and I Don’t Want To Drive. What Can I Do?
Picture this. You go to a party with friends and you are the designated driver. The party gets too much fun and you take an edible. Unfortunately, the effects of the edible were too strong and you weren’t able to sober up immediately. Your friends are at the side waiting for you to sober up so you can all go home, but you can’t. So, what can you do?
- Plan ahead: Have another friend who can act as a secondary designated driver who’s sober enough after a night out. Alternatively, you can call rideshare or use public transport.
- Wait it out: If you’ve recently used cannabis wait several hours before driving until the effects wear off completely. You may ask the host of the party if you can stay at their place. If that doesn’t work, then you can wait it out more. Let’s pray your friends have enough patience for you to sober up.
- Avoid drugs altogether (legal or illegal drugs): While some drugs make you feel good and make interactions more fun, the cons will always outweigh everything else. If you’re the designated driver of a group, you have a responsibility to be in good condition when driving.
Whether you’re a driver or not if you’re concerned about your cannabis use seeking treatment can be a good step. A healthcare professional and associations (e.g. the Australian Medical Association) usually manage the treatment for cannabis dependence and withdrawal on an outpatient basis.

How Can We Help With Drug-Related Charges?
So, are edibles legal in Australia? Yes, but mostly for medical purposes only. You may have good intentions when you want to use cannabis, but this doesn’t remove your responsibility for your body. Even with the best intentions navigating the legal aspects of cannabis cultivation can lead you to nasty charges.
If you find yourself charged with cannabis possession, consumption or edibles consider seeking legal advice. JB Solicitors can help. Our criminal defence lawyers know the drug laws and will advocate for you. We will work to get charges dismissed, or reduced or get clients to sign up for diversion programs.
Get in touch for a confidential consultation and find out what’s best for you.