Renting & tenancy
Part of Your home
Leases, smoke and vapour clauses, growing at home and eviction: what a medicinal cannabis prescription means for renting, state by state.
- 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
No, not for the medicine itself. South Australia's termination grounds turn on illegal purpose , nuisance and interference with a neighbour's peace, comfort or privacy — and lawful
- 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. In South Australia there is a trap in the detail: growing
- 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
Status: not yet checked against primary sources — general information, not legal advice