The legalisation of cannabis is a topic of constant public debate in Australia. It can be confusing for many, leaving them to wonder:
Is cannabis possession still a criminal offence in Western Australia?
The short answer is yes. Under current WA law, possessing cannabis remains a criminal offence. While low-level cases may be diverted through cautions or education sessions, any amount of cannabis is still considered illegal unless you hold a lawful prescription for medicinal use.
In this article, we explain how possession is treated in WA, what penalties apply and how Chambers Legal can assist if you with a lawyer for drug possession.
What Does the Law Say About Cannabis?
Under WA’s Misuse of Drugs Act 1981, cannabis is a Schedule 1 prohibited drug. That means it is classified as an illicit substance and possession without a valid prescription is unlawful.
Possession can refer to cannabis in these forms:
Dried cannabis leaf
Cannabis oil or resin
Edibles containing THC
Cannabis plants (not lawfully grown under medicinal guidelines)
Importantly, the accused can be charged with possession even if the amount is small or if they didn’t intend to use it personally. The context of the matter will affect how the prosecution approaches charges.
What Are the Penalties for Cannabis Possession?
Cannabis possession carries penalties that vary depending on the severity of the charge. Factors to consider include the quantity, prior offences and whether the matter is dealt with in the Magistrates Court or escalated higher.
Simple Possession (under 10g of cannabis for personal use)
If it’s a first offence and no other aggravating factors apply, police may issue the accused a Cannabis Intervention Requirement (CIR). A CIR involves attending a mandatory drug education session within 28 days of the ruling.
If completed, there will be no criminal conviction recorded. However, this option is not available if the accused has previously received a CIR or has refused to participate.
Possession Without CIR Eligibility
If the accused is ineligible for diversion, they may be formally charged and required to appear in court.
The maximum penalty is:
$2,000 fine
Or 2 years’ imprisonment, or both
For low level drug offences where no aggravating factors exist, it is likely that the court will impose lesser penalties such as fines, a spent conviction or conditional release.
Penalties for More Serious Weed and Marijuana Charges
The charge may be upgraded and the penalties more severe if:
The accused possesses more than 10g of cannabis.
Police allege the accused had items suggesting intent to sell or supply.
The possession occurred near a school or child care premises.
The accused has prior drug convictions, particularly ones involving cannabis.
In these cases, the charge may shift from simple possession to possession with intent to sell or supply. This carries significantly harsher penalties, so it is important to contact a lawyer for drug possession to ensure you understand the allegations against you.
What Should You Do if You’re Charged with Cannabis Possession?
If you have been charged with cannabis possession in WA, it is essential to understand this is still an offence and that it carries serious legal consequences.
Before entering a plea or speaking further with police, it’s best to:
Get legal advice to understand your options
Discuss whether you’re eligible for diversion
Explore whether a spent conviction may be available
Challenge any part of the charge that may not be legally supported
At Chambers Legal, our team are vastly experienced in defending many kinds of drug charges. We will help you protect your rights and work toward the best possible outcome.
Speak to a Perth-Based Drug Lawyer at Chambers Legal
We understand the stress that comes with being charged with a drug offence, even one that seems as minor as cannabis possession.
To best support you and those closest to you in these circumstances, our team provides clear, practical advice rooted in a commitment to honesty and integrity. You will always receive proper cost notice and all advice will be provided in writing.
Whether you’re seeking a diversion, defending a charge or applying for a spent conviction, Chambers Legal is here to help. You can reach us on (08) 9500 8915 or email [email protected].
Alternatively, you can also book a free 15-minute phone consultation.
FAQs
Does WA Have Laws for Medicinal Cannabis?
Since 2016, some patients in WA have been able to access medicinal cannabis via a prescription. However, this requires:
An authorised prescriber (usually a specialist)
A Therapeutic Goods Administration (TGA) approval
Evidence that cannabis is being used strictly in accordance with the prescription
If you are ‘caught’ with weed/marijuana but are using it for medicinal purposes, you must ensure your documentation is valid and up to date. If not, you may still be charged.
Can I Get a Spent Conviction for a Cannabis Charge?
If you are convicted of cannabis possession, it is possible to apply for a Spent Conviction Order (SCO) during sentencing.
When considering your application, the court will look at factors such as:
Whether the offence was trivial
Your likelihood of reoffending
Your prior criminal history (if any)
If granted, an SCO will prevent the conviction from showing up in most police checks, which can be important for future employment or travel.