Renting & tenancy
Leases, smoke and vapour clauses, and whether a landlord can act.
- Can my landlord evict me in New South Wales for using prescribed cannabis at home?Clear law, contested application
Lawful use of a prescribed medicine is not illegal use of the premises. Where a lessor has an argument at all it usually comes from a smoke, vapour or nuisance term in the agreemen
- Can my landlord evict me in Victoria for using prescribed cannabis at home?Clear law, contested application
Lawful use of a prescribed medicine is not illegal use of the premises. Where a lessor has an argument at all it usually comes from a smoke, vapour or nuisance term in the agreemen
- Can my landlord evict me in Queensland for using prescribed cannabis at home?Clear law, contested application
Lawful use of a prescribed medicine is not illegal use of the premises. Where a lessor has an argument at all it usually comes from a smoke, vapour or nuisance term in the agreemen
- Can my landlord evict me in Western Australia for using prescribed cannabis at home?Clear law, contested application
Lawful use of a prescribed medicine is not illegal use of the premises. Where a lessor has an argument at all it usually comes from a smoke, vapour or nuisance term in the agreemen
- Can my landlord evict me in South Australia for using prescribed cannabis at home?Clear law, contested application
Lawful use of a prescribed medicine is not illegal use of the premises. Where a lessor has an argument at all it usually comes from a smoke, vapour or nuisance term in the agreemen
- Can my landlord evict me in Tasmania for using prescribed cannabis at home?Clear law, contested application
Lawful use of a prescribed medicine is not illegal use of the premises. Where a lessor has an argument at all it usually comes from a smoke, vapour or nuisance term in the agreemen
- Can my landlord evict me in the ACT for using prescribed cannabis at home?Clear law, contested application
Lawful use of a prescribed medicine is not illegal use of the premises. Where a lessor has an argument at all it usually comes from a smoke, vapour or nuisance term in the agreemen
- Can my landlord evict me in the Northern Territory for using prescribed cannabis at home?Clear law, contested application
Lawful use of a prescribed medicine is not illegal use of the premises. Where a lessor has an argument at all it usually comes from a smoke, vapour or nuisance term in the agreemen
- Can I grow my own if I have a prescription in New South Wales?The law is settled
No. A prescription authorises you to possess and use a dispensed medicine. It does not authorise you to cultivate a plant — whether you rent or own, and whether or not anyone would
- Can I grow my own if I have a prescription in Victoria?The law is settled
No. Victoria authorises a patient to possess the medicine supplied to them, and separately authorises cultivation of a narcotic plant only for a use other than a therapeutic use .
- Can I grow my own if I have a prescription in Queensland?The law is settled
No. In Queensland growing a plant is caught by the offence of producing a dangerous drug, because 'produce' is defined to include 'cultivate'. Your prescription lets you possess a
- Can I grow my own if I have a prescription in Western Australia?The law is settled
No. Western Australia makes it an offence to possess or cultivate a prohibited plant, and cannabis is one. The defence a prescribed patient would reach for is written so that it an
- Can I grow my own if I have a prescription in South Australia?The law is settled
No. A prescription authorises you to possess and use a dispensed medicine. It does not authorise you to cultivate a plant — whether you rent or own, and whether or not anyone would
- Can I grow my own if I have a prescription in Tasmania?The law is settled
No. Tasmania's cultivation offence has no patient exception in it, and the Act it points at — the Poisons Act 1971 — turns out to prohibit growing separately and more directly. The
- Can I grow my own if I have a prescription in the ACT?The law is settled
The ACT is the one place in Australia where an adult may grow a small number of cannabis plants at home. It has nothing to do with holding a prescription: the allowance is for adul
- Can I grow my own if I have a prescription in the Northern Territory?The law is settled
No. A prescription lets you possess a medicine that has been dispensed to you. It does not let you grow a plant, and in the Northern Territory the exemption that protects a prescri
Last checked: DRAFT — never verified