In 2026, the legal landscape for growing cannabis remains a complex issue of strict prohibition and localised decriminalisation, creating a challenging environment for gardeners to navigate.
While public support increases for legalisation, medicinal cannabis is still tightly regulated by the Federal Government. Each state and territory has different regulations around growing personal-use cannabis. Other than the Australian Capital Territory (ACT), recreational cultivation is still illegal in Australia. Western Australia (WA) has recently lodged a Cannabis Bill to allow for the personal cultivation of up to 6 plants.
However, commercial medicinal cannabis cultivation is legal in Australia, with the right licensing. Medicinal cannabis has a variety of applications, from treating chronic pain, nausea, and muscle spasms.
Medical Uses of Cannabis
Medicinal cannabis can be prescribed by registered General Practitioners and is often used when conventional therapies fail. Its uses have included chronic pain management with fibromyalgia and chronic back injuries, chemotherapy-induced nausea, severe epilepsy, HIV symptoms, nerve pain and muscle spasms from Multiple Sclerosis (MS), spinal cord injuries and motor neuron diseases in both palliative and community settings. Common forms include oils, sprays, capsules, resin and dried flowers.
State and Territory Regulations, Recreational vs Medicinal
Commercial Cultivation
Medical cannabis cultivation is legal across all Australian states and territories, provided the grower holds a federal licence from the Office of Drug Control. Major commercial operations can be found in Victoria, Queensland, New South Wales and Tasmania.
Recreational Cultivation
The Commonwealth Narcotic Drugs Act 1967 doesn’t support the cultivation of medicinal cannabis for personal use. Meaning it is illegal for patients to grow their own medicinal cannabis, with the exception of small amounts permitted for personal use in the ACT. For other states and the Northern Territory (NT), you must buy medicinal cannabis from a registered provider. The Australian Greens political party have committed to legalising cannabis cultivation nationally for personal use, for up to 6 plants per household.
ACT Rules
Each Australian state or territory has its own separate legislation in relation to growing personal-use cannabis, whether used medicinally or not. In the ACT, adults can legally grow up to 2 cannabis plants per person (with a maximum of 4 per household). In this territory, you can grow cannabis at home, but you can’t sell, supply or share your harvest with others, including seeds and plants. Sharing these materials is against the law.
Other States
In all other states and the NT, growing cannabis for recreational reasons is illegal, with varying penalties for each region. In South Australia, growing cannabis is decriminalised, meaning that a monetary fine, not a criminal charge, will be given.
Proposed WA Law
Queensland, WA and New South Wales are generally considered to have the strictest laws in relation to growing cannabis. However, in March 2026, in Western Australia, a Cannabis Bill was lodged (but not yet passed) in parliament to allow for up to 6 plants to be grown per household. The bill proposes allowing adults to “gift” up to 50 grams of dried cannabis or 6 plants to another adult.
Australian-Based Cannabis Suppliers
If wanting to purchase medicinal cannabis, it is important to source from reputable Australian-based suppliers that ensure quality and genetic stability.
It’s not advisable to purchase medical cannabis internationally and bring it into Australia, as this could be seized by biosecurity. Learn more here about how to purchase Australian cannabis seeds for growing under the right legal conditions.
International Cannabis Stock
Australian-grown medicinal cannabis must meet strict Therapeutic Goods Administration guidelines, ensuring consistent doses and low microbial contamination. This is opposite to some overseas products that have been found to have undisclosed ingredients, incorrect active ingredient levels or contamination.
Best Growing Conditions
For the best growth results, cannabis thrives in a relative humidity of 40-70% (lower in flower and higher in seedlings and germination), pH-balanced environments (pH5.8-6.5 for soil and less for hydroponics), consistent air circulation, proper ventilation and nutrient-rich soils or hydroponic mediums.
Cannabis requires high-intensity lighting because it’s sun-loving and fast-growing, so it needs energy to drive photosynthesis for developing dense, cannabinoid-rich flowers.
For indoor growth, the plant benefits from 18 to 24 hours of light in its vegetative state (lights on for this period of time, then off for 0-6 hours) to build a large, healthy plant structure before it buds, then 12 hours of light, 12 hours of uninterrupted darkness to produce flowers.
Cannabis seeds require no light to germinate, but they need high-intensity light immediately after they sprout (vegetative state).
For the Home Gardener
Although regulations remain strict, it is still possible to grow personal cannabis in a home garden in the ACT and, depending on the final outcome of the Cannabis Bill, possibly in WA. But as of April 2026, this is still only possible in the ACT. If growing for personal use, in the ACT, it is important to remember that the cannabis plants must be kept secure and not visible to the public.
