Lexi Webster
The legal status of CBD in Australia has been evolving since the legalization of medicinal cannabis in 2016. While CBD oil and other cannabis products are legal in Australia, they are subject to strict regulations and can only be purchased through a special state program or with a prescription. Low-dose CBD products have been approved for over-the-counter sales in pharmacies, but specific requirements must be met, including clinical trials and listing on the Australian Register of Therapeutic Goods (ARTG). The legal landscape varies across states, with different penalties for unauthorized use, sale, or possession of CBD-only products. While THC is illegal without a Special Access Scheme or Authorized Prescriber, the ACT amendment has provided leeway for individuals over 18 in terms of possession and cultivation.
| Characteristics | Values |
|---|---|
| CBD oil legal status in Australia | Legal with a prescription. Non-prescription CBD oil is allowed at lower concentrations. |
| THC legality in Australia | Illegal without a Special Access Scheme or Authorised Prescriber. |
| CBD manufacturers in Australia | Exist but operate outside the law. |
| Importing CBD into Australia | Not approved by the Australian Office of Drug Control (ODC). |
| Importing THC into Australia | Legal with a license from the ODC. |
| Medicinal cannabis in Australia | Legal since 2016. |
| Recreational cannabis in Australia | Illegal. |
| CBD gummies in Australia | Legal status varies by state. |
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What You'll Learn
CBD oil is legal with a prescription
The legal status of CBD oil in Australia has evolved in recent years, offering new pathways for individuals seeking to use it for therapeutic purposes. CBD oil is legal in Australia, but with certain restrictions in place.
In 2016, medicinal cannabis was legalised in Australia, allowing individuals to access products for issues like severe childhood epilepsy, chronic pain, inflammation, nausea, insomnia, and more. This was a significant step forward for those seeking cannabis for therapeutic purposes. However, all products, including CBD oil, were classified as Schedule 4 medicines, meaning a prescription was required to obtain them.
As of February 1st, 2021, the Therapeutic Goods Administration (TGA) reclassified low-dose CBD products to Schedule 3, permitting their sale over the counter by pharmacists without a prescription. This decision was made after the TGA amended their Therapeutic Goods Act in December 2020 to down-schedule low-dose CBD. Buyers over the legal age of 18 can purchase low-dose CBD products without a prescription, but they are limited to a maximum daily dose of 150mg.
It is important to note that the TGA has set specific requirements for over-the-counter CBD products, including the need for listing on the Australian Register of Therapeutic Goods (ARTG). To be listed on the ARTG, products must undergo clinical trials to demonstrate their efficacy, safety, and quality. As of now, there are only two cannabis products listed on the ARTG, and they are classified as Schedule 8 controlled drugs due to their potential risks of addiction and abuse.
While low-dose CBD oil is more accessible, higher concentrations of CBD oil and other cannabis products may still require a prescription. Any general practitioner in Australia can prescribe medical cannabis, except in Tasmania, where a specialist is needed. To be eligible for a prescription, a patient must have a chronic medical condition and have unsuccessfully tried other forms of treatment or experienced side effects. Prescribed products can include CBD-only, high-CBD and low-THC, THC-only, or a combination of both.
In summary, CBD oil is legal in Australia, but the specific regulations and requirements may vary depending on the dosage and intended use. It is always important to stay informed about the legal status, regulations, and potential changes regarding CBD and cannabis products in Australia.
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Low-dose CBD is available over the counter
The legal status of CBD in Australia has evolved, offering new pathways for individuals seeking to use it for therapeutic purposes. CBD oil and other cannabis products are legal in Australia but require users to go through a special state program to acquire them.
Medicinal cannabis was legalised in Australia in 2016, and the Therapeutic Goods Association (TGA) maintains strict regulations on prescribing and administering products like CBD oil. In December 2020, the TGA amended the Therapeutic Goods Act to reclassify low-dose CBD from prescription medicine to over-the-counter. As of February 1, 2021, ARTG-listed, low-dose cannabidiol (CBD) has been approved for over-the-counter sale in pharmacies across Australia by the Therapeutic Goods Administration. Buyers over the legal age of 18 no longer need a referral, official approval, or prescription to purchase low-dose CBD. However, they can only buy a maximum daily dose of 150mg of over-the-counter CBD.
Low-dose CBD products sold over the counter must pass clinical trials and be proven safe and efficacious for a specific condition. They must also be listed on the Australian Register of Therapeutic Goods (ARTG), which can be a time-consuming and costly process for companies. While low-dose CBD products are now available over the counter, no products that meet this classification have been approved and registered.
It is important to note that the laws surrounding CBD in Australia vary by state. For example, in South Australia, it is illegal to sell, use, or possess CBD-only products without a prescription, as outlined in the Controlled Substances Act 1984 (SA). In Western Australia, the Medicines and Poisons Act 2014 (WA) criminalises the sale, supply, or possession of CBD-only products without a doctor's prescription. Similar laws are in place in the Northern Territory and Victoria.
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THC is illegal without a Special Access Scheme
The legality of CBD in Australia has evolved in recent years, offering new pathways for individuals seeking to use it for therapeutic purposes. CBD oil and other cannabis products are legal in Australia but require one to go through a special state program to acquire them.
Medicinal cannabis was legalised in Australia in 2016, and since then, it has been available to eligible individuals. This was a significant step forward for those seeking cannabis for therapeutic purposes. However, recreational users did not have the same luck until 2020, when the ACT government expanded decriminalisation, giving legal adults more freedom to consume with certain restrictions.
In 2021, the Therapeutic Goods Administration (TGA) amended the Therapeutic Goods Act to reclassify low-dose CBD from prescription medicine to over-the-counter. This meant that buyers over the age of 18 no longer needed a referral, official approval, or prescription to purchase low-dose CBD. However, they can only buy a maximum daily dose of 150mg of over-the-counter CBD, and these products are limited to low-dose oral, oral mucosal, and sublingual formulations.
THC, on the other hand, remains illegal in Australia without a Special Access Scheme or Authorised Prescriber. While the decriminalisation rules have all but legalised it, and THC is the only cannabinoid that can be imported with a license from the Office of Drug Control (ODC), it is still technically illegal.
To obtain THC through the Special Access Scheme, individuals must meet specific requirements. THC products must be listed on the Australian Register of Therapeutic Goods (ARTG), which involves a series of clinical trials and approvals. The process is time-consuming and costly for companies, and even after passing the trials, there is no guarantee of listing on the ARTG.
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CBD manufacturers operate outside the law
CBD manufacturers in Australia operate in a complex legal environment. While CBD products are available in the country, manufacturers must navigate stringent regulations and requirements to stay within the law.
In 2016, Australia legalised medicinal cannabis, allowing individuals to access these products through a Special Access Scheme or Authorised Prescriber. This scheme ensures a degree of safety and customisability for patients. However, CBD manufacturers face several challenges due to the evolving and stringent regulatory landscape.
Firstly, the current restrictions on CBD products are so stringent that manufacturing, approving, and selling CBD is incredibly difficult. The Therapeutic Goods Administration (TGA) schedules medical cannabis products based on their cannabinoid content, and non-prescription CBD products must meet specific composition requirements, limiting the flexibility of manufacturers.
Secondly, CBD manufacturers must comply with various laws and regulations, including the Therapeutic Goods Act, State Medicines and Poisons Regulations, Australian Consumer Law, and privacy and data protection laws. They must also obtain TGA licences for their activities and ensure their products are registered with the TGA. Failure to adhere to these regulations can result in not just financial penalties but also significant business and reputational losses.
Furthermore, CBD manufacturers in Australia do not have the same protections as their counterparts in the United States under the 2018 Farm Bill. This discrepancy places Australian manufacturers in a legally vulnerable position. Additionally, the Australian Office of Drug Control (ODC) has not approved CBD for import, further complicating the operations of manufacturers who may rely on importing raw materials or finished goods.
While the legal landscape for CBD in Australia is intricate and restrictive, it is essential to note that the situation is evolving. Amendments to legislation, such as the down-scheduling of low-dose CBD products from prescription-only to over-the-counter status, indicate a gradual shift towards improved accessibility. However, as of 2025, no legal over-the-counter CBD products exist in Australia, and individuals seeking higher-dose CBD products must look outside the legal market.
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CBD is available through a medical cannabis program
CBD oil and other cannabis products are available in Australia, but they are highly regulated and must be accessed through a medical cannabis program. This means that, in order to obtain CBD products, one must go through a special state program.
Medicinal cannabis is pharmaceutical-grade and regulated in Australia with labelled levels of THC and CBD. It often comes in oral or capsule form. To ensure safe and appropriate use, the Therapeutic Goods Administration (TGA) has established special pathways for doctors to prescribe medicinal cannabis where clinically appropriate. Doctors can access medicinal cannabis for eligible patients through the Special Access Scheme (SAS) or by referring patients to another medical practitioner with more experience in prescribing medicinal cannabis.
The TGA schedules medical cannabis products depending on their cannabinoid content. Non-prescription CBD must contain 98% CBD and no more than 2% "other cannabinoids." CBD products with higher levels of THC are also available but are classified as Schedule 4, meaning they require a prescription.
CBD usage has skyrocketed in recent years, and medicinal cannabis is used to help with a variety of issues such as chronic pain, cancer symptoms, epilepsy, insomnia, and nausea.
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Frequently asked questions
CBD oil and other cannabis products are legal in Australia but require one to go through a special state program to acquire them. Low-dose CBD products are available over the counter without a prescription. However, the specific regulations vary across different states.
In New South Wales, CBD products are considered restricted substances and require a prescription. In Victoria, Tasmania, South Australia, Western Australia, and the Northern Territory, it is illegal to sell, possess, or use CBD products without a prescription.
Any general practitioner in Australia can prescribe medical cannabis, except in Tasmania, where a specialist is required. To be eligible for a prescription, a patient must have a chronic medical condition and must have unsuccessfully tried other forms of treatment.
