Possession of 40 grams or less is a misdemeanor with a maximum penalty of 90 days in jail and a $250 US fine. Anything over 40 grams is a felony possession and the standard sentence ranges from zero to 60 days, with a maximum of five years. If its a possession to intent to traffic, which can be any amount, the standard range is one to three months in prison, with a possible five-year max. Growers face the same range of penalties as traffickers under state laws.
Possession, using growing or selling pot is illegal. In the state of Western Australia, anyone caught with up to twp plants or less then 25 grams of pot faces only civil penalties, such as fines. South Australia, Tasmania, Victoria and Queensland also ticket instead of arresting marijuana offenders caught with less than 50 grams.
Possession of pot nets a maximum of two years in jail and/or an unlimited fine. Trafficking nets a maximum five years and/or an unlimited fine, A total of 85 per cent of all drug offenders are convicted of unlawful possession. Just over 20 per cent of offenders receive a custodial sentence even fewer actually go to prison and nearly three-quarters of fines are the equivalent of $113 or less.
Possession of small amounts of pot for personal use has been decriminalized. The sale of cannabis is technically an offence, but in practice is only prosecuted in certain situations. For example, a coffee-shop owner can avoid prosecution if he meets certain criteria, including selling no more than five grams in any one transaction and selling no hard drugs.