Drug laws in Western Australia are currently in a state of legislative transition. While historical laws under Section 7(2) of the Misuse of Drugs Act 1981 remain the baseline, the Misuse of Drugs Amendment (Lawful Personal Use of Cannabis) Bill 2026 has introduced significant changes for personal adult use.
Current Legal Status (2026) Possession of cannabis plants is still an offence unless it falls under the “Lawful Personal Use” exemptions.
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Lawful Possession: Adults may now cultivate up to 6 cannabis plants at their principal place of residence for personal use.
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Unlawful Possession: Cultivating more than 6 plants, or cultivating any number of plants for the purpose of sale or supply, remains a serious crime.
Maximum Penalties
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Simple Offence (Unlawful Possession): For possessing a small number of prohibited plants (above the personal limit but not for sale), the penalty is a fine of up to $2,000 and/or 2 years imprisonment.
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Crime (With Intent to Sell/Supply): If the prosecution proves an intent to sell or supply, penalties increase drastically, potentially reaching 25 years imprisonment depending on the quantity and circumstances.
What the Police Must Prove
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Nature of the Plant: That the plant is a prohibited species (Cannabis).
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Knowledge: The accused knew the plant was in their possession.
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Control: The accused had “dominion or control” over the plant (e.g., it was in their backyard or grow-tent).
Possible Defences
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Personal Use Exemption: Proving the number of plants is within the new legal limit of 6.
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Lack of Knowledge: The plants were growing on a property the accused occupies, but they were unaware of their existence (e.g., a “bush” crop).
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Lawful Authority: Possession under an Industrial Hemp license or medical prescription.
Court Jurisdiction Simple possession of prohibited plants is dealt with in the Magistrates Court. Intent to sell or supply matters may be escalated to the District Court.