Are edibles legal in Australia? This article will break down ‘edibles’ and the legal implications. 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, but some medicinal edibles have higher CBD and lower THC. Cannabis is extracted from a cannabis sativa plant which acts as a central nervous system depressant. The extraction process is for medicinal purposes.
Drinkables sometimes pertain to beverages infused with cannabis. Eating raw cannabis won’t get you high, so the cannabis must be decarboxylated, a process that activates the chemicals that get you high. Once you consume this as an edible, the effects will kick in after digestion.
This treat became a favourite among recreational cannabis users looking for alternative ways to consume. But before you sink your teeth into that brownie or pop that gummy bear, you need to navigate the legal minefield of edibles. Read on to find out more about ‘Are edibles legal in Australia’.
The Discreetness of Edibles
According to an article, edible cannabis plant-infused gummies are said to be trending among all sorts of social circles in Sydney, 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.).
With concerns in the US about kids getting their hands on these gummies, the NSW Police are also worried. While there have been no reports of kids consuming them in Australia yet, hospitality workers say they are everywhere in the Sydney restaurant scene.
In the US, CBD has been called “the workplace drug” with people reportedly consuming a gummy on their way to work each morning as CBD is known to be calming. THC gets you high, lethargic and hungry.
Are Edibles Legal in Australia?
New South Wales
Are edibles legal in Australia, 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 recognises the therapeutic benefits of medicinal cannabis products and any doctor can prescribe it if deemed necessary.
Victoria
Are edibles legal in Australia, Victoria? Like NSW, possession of small amounts for personal use will get 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, any doctor can prescribe it.
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 Australia, 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 the persons 60 years and older and terminal patients.
Western Australia
Are edibles legal in Australia, Western Australia? WA decriminalised cannabis but reversed the decision in 2011. But recent changes allow GPs to prescribe if went through clinical trials and with both Commonwealth and state approval.
Cannabis is illegal in Tasmania. Police have the Cannabis Intervention Requirement (CIR) and Drug Diversion Notice for small drug quantities. If someone has 10 grams or less of cannabis or related paraphernalia, police will issue a CIR.
You may receive a Cannabis Intervention Requirement notice within 28 days. Failure to attend will result in prosecution. The scheme is for individuals 14 and over and aims to educate about the laws and health effects in a non-judgmental environment.
Northern Territory and Australian Capital Territory
Are edibles legal in Australia, Northern Territory and Australian Capital Territory? In NT, their laws decriminalises cannabis but penalties still apply in certain circumstances. Medicinal cannabis uptake has been slow due to limited prescribers.
On the other hand the ACT legalised small scale cannabis possession and cultivation for personal use in 2019. A medicinal cannabis product is available under certain conditions with approval from health authorities.
Effects of Cannabis Use
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. Short term effects are relaxation, euphoria, heightened sensory perception and increased heart rate. But it can also 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, and tobacco use, which worsens the risk.
Are Edibles Legal in Australia: Cannabis and Driving Don’t Mix
Cannabis use 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: 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: Cannabis can impede your coordination, you can’t steer smoothly, control your speed and stay in your lane.
If you’re under the influence don’t drive. Here are safer options:
- Plan ahead: Get a designated driver, call a 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.
- 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.
Seeking Treatment? Help is Available
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.
Experiencing Drug-Related Charges?
Even with the best intentions navigating the legal aspects of cannabis cultivation and usecan be confusing. 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, reduced or diversion programs.
Get in touch for a confidential consultation and find out what’s best for you.
