Lexi Webster
Hemp is a versatile plant with many uses, from clothing to food. In Australia, the cultivation of hemp is strictly regulated. While it is not illegal to grow hemp, a license is required to do so. The regulations and requirements for obtaining a license vary from state to state, and there are limits on the THC content of hemp crops. With the right license and compliance with state regulations, it is possible to legally grow hemp in Australia.
| Characteristics | Values |
|---|---|
| Medicinal cannabis in Australia | Legal |
| Growing hemp in Australia | Legal with a licence |
| Selling hemp products in Australia | No licence required |
| Hemp products in Australia | Food, clothing, paper, fabric, biofuel feedstock, animal feed, building materials |
| Hemp seeds as food in Australia | Legal since 2017 |
| THC level in hemp seeds for human consumption | Less than 0.5% |
| THC level in hemp crops in Victoria, Western Australia and Tasmania | Less than 0.35% |
| THC level in hemp crops in New South Wales, South Australia and Queensland | Less than 1% |
| Licence issuer for hemp cultivation in Victoria | Agriculture Victoria |
| Licence issuer for hemp cultivation in South Australia | PIRSA |
| Licence issuer for hemp cultivation in NSW | NSW Department of Primary Industries |
| Licence issuer for hemp cultivation in Tasmania | Office of Drug Control |
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What You'll Learn
Hemp cultivation requires a licence
Hemp cultivation in Australia requires a licence. The licence is issued by the relevant state authority and the requirements vary slightly from state to state. For example, in South Australia, the PIRSA is responsible for issuing industrial hemp licences, which are needed for possession, cultivation, processing, and supply of certified products. In Victoria, Agriculture Victoria is responsible for issuing licences to authorise the cultivation and processing of industrial hemp.
The allowable THC content for crops planted as industrial hemp also varies slightly between states. In South Australia, industrial hemp must be grown from certified hemp seed sourced from hemp parent plants with a concentration of THC in leaves and flowering heads of not more than 0.5%. In Victoria, the seed used for sowing must be harvested from an industrial hemp crop with a THC level of 0.5% or less. Crops returning a test result of 1% THC or less may be harvested and processed for food (from the seed only) and/or fibre (from the stem only).
To obtain a licence to cultivate hemp in South Australia, applicants must be deemed a "fit and proper person" by the South Australia Police and the area of cultivation must be greater than one hectare. In Victoria, applicants are required to provide national criminal history checks for themselves and their associates, and site assessments are also generally required. To prevent criminal activity in the cultivation and processing of industrial hemp, Agriculture Victoria will not issue an authority to grow if the applicant or any associate of the applicant has been found guilty of a serious offence within the last 10 years.
In addition to obtaining a licence, hemp cultivators in Australia must also comply with other legal requirements. For example, the licence holder must only cultivate at the site(s) described on the licence and any new areas must be assessed and approved by the department prior to planting. Hemp cultivators must also ensure that their products comply with the relevant regulations, such as the Australian Consumer Law (ACL), and that they are transparent and honest about the ingredients in their products as well as their manufacturing or origins.
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Hemp is a versatile crop
Hemp is cultivated for its stalk, seed, and flower, each of which has unique properties and uses. The stalk provides bast fibre and hurd, which are used in the production of rope, textiles, paper, bioplastics, and construction materials. The long fibres of hemp offer greater tear resistance and tensile strength compared to wood pulp, making it ideal for specialty papers such as cigarette paper, banknotes, and technical filter papers. Additionally, hemp can be pressed into tight wood alternatives, providing a versatile building material that is lightweight, mould-resistant, and breathable.
The seeds of the hemp plant are highly nutritious, containing essential fatty acids, protein, carbohydrates, and dietary fibre. They can be consumed raw, ground into hemp meal, sprouted, or processed into hemp milk, tisanes, and cooking oil. Hempseed oil also finds applications in dietary supplements, personal hygiene products, paints, solvents, lubricants, and medicinal products.
Hemp is also grown for cannabinoid production, particularly CBD, which is extracted from the flower. This aspect of hemp cultivation is more labour-intensive and akin to specialty crop production. The versatility of hemp is further highlighted by its use in the automotive industry, with companies like Audi, BMW, Ford, and Mercedes incorporating hemp into their vehicles.
In Australia, the cultivation and use of hemp are heavily regulated. While industrial hemp is legal, those intending to grow it require a licence. The allowable THC content in hemp crops is strictly monitored, and regulations may differ between states. Despite these restrictions, hemp is gaining popularity in Australia due to its eco-friendly benefits and potential for use in a wide range of consumer goods.
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Hemp is legal for medicinal use
The process of obtaining medicinal hemp in Australia typically involves consulting a doctor, who can recommend a clinical trial, the Special Access Scheme (SAS), or an Authorised Prescribers scheme. Medicinal hemp products can include tablets, oils, tinctures, and other extracts.
Hemp is a versatile plant with a wide range of applications. It can be used for food, with hemp seeds being a popular superfood due to their high protein and amino acid content. Hemp can also be processed into oil, which has anti-inflammatory properties and is beneficial for heart health. Additionally, hemp can be used for fibre in clothing, paper, and fabric, as well as soundproofing for cars. The residues from hemp processing can be utilised as a biofuel feedstock, and the plant can even be "torrefied" to create a brown coal equivalent.
The history of hemp in Australia dates back to the First Fleet, when Sir Joseph Banks brought hemp seeds to the colony for commercial production. Early governments supported hemp cultivation for 150 years, and cannabis consumption was widespread in the 19th century. However, in 1937, the cultivation of hemp was banned, and it was classified as a prohibited substance under the Drugs, Poisons and Controlled Substances Act 1981. Despite this, attitudes towards hemp have shifted, and it is now grown in every state, with a forecasted value of $3 million by 2023.
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Hemp food products are legal
Hemp is a versatile plant that can be used in many ways. Hemp food products are legal in Australia, but they must contain less than 0.5% of the psychoactive ingredient tetrahydrocannabinol (THC) to be considered a food ingredient. Industrial hemp naturally has low levels of THC, but levels must be monitored regularly.
In Australia, hemp seeds are typically sold in health food shops. They have a mild nutty flavour and are rich in protein, essential amino acids, vitamins, and minerals. Hemp seeds can be pressed for their oil, which has a ratio of omega 6 to omega 3 polyunsaturated fats of around 3:1. Hemp is also being used in baked goods such as bread and breakfast cereals.
Hemp is also used in the production of clothing. The stem and stalk of the plant are softened to produce fibre for clothing materials. Hemp requires less water than cotton and takes longer to impact the quality of the soil it is grown on, making it an increasingly popular choice for eco-friendly clothing.
While hemp food products are legal in Australia, the growing of hemp is heavily regulated. Those wishing to grow hemp in Australia must obtain a licence. To prevent criminal activity in the cultivation and processing of industrial hemp, licences will not be issued to applicants who have been found guilty of a serious offence within the last 10 years. There are no limits to the number of licences that can be issued, and the licence holder must only cultivate at the site(s) described on the licence.
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Hemp is regulated by state laws
Hemp laws in Australia are regulated by the state and territory, and while the laws vary, the general rule is that all hemp must contain less than 1% tetrahydrocannabinol (THC) to be considered legal. If hemp contains more than the regulated amount of THC, it will be classified as an illegal drug. In some jurisdictions, the threshold for THC in hemp is even lower, and specific regulations may apply depending on the intended use of the hemp (e.g. industrial, food, or medicinal).
For example, in Victoria, the allowable THC content for crops planted as industrial hemp is 0.5% or less. Crops returning a test result of 1% THC or less may be harvested and processed for food (from the seed only) and/or fibre (from the stem only). This means that crops returning test results in the range of 0.5% to 1% THC are suitable for processing only, and the seed from these crops must not be used for sowing.
In New South Wales, the Hemp Industry Act 2008 allowed for the commercial production of industrial hemp under license. In Tasmania, the Industrial Hemp Act of 2015 allowed for similar commercial production. In the Northern Territory, the Hemp Industry Act 2019 and associated Regulations commenced in May 2020, allowing for the commercial production of industrial hemp under license.
The process for obtaining a hemp-growing license differs from state to state, and there may be no limit to the number of licenses issued. However, a standard license condition across states is that the concentration of THC in the leaves and flowering heads must be no more than 1%, though the level is set lower in Victoria at 0.35%.
In addition to growing licenses, those selling hemp products must also be aware of the legal regulations that differ between states and territories. While a license is usually not required to sell hemp products, it is legally required to be transparent and honest about the ingredients in the products, their manufacturing, and their origins.
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Frequently asked questions
No, but you need a licence to grow hemp in Australia. The licence must be issued by a state government and the growing location must be approved by the State Government.
The applicant and each associate of the applicant must be deemed a "fit and proper person" by the relevant police authority. The area of cultivation must be greater than one hectare. The applicant must also be able to prove that the hemp will be grown from certified hemp seed with a THC concentration of no more than 0.5%.
Licence fees, inspector charges, and laboratory analysis costs can range from $500 to $1,500 annually and are dependent on the number of crops and the time taken to collect samples for THC analysis.
Crops exceeding 1% THC will no longer be considered industrial hemp and will potentially be referred for criminal investigation under the Controlled Substances Act 1984.
You usually do not need a licence to sell products containing hemp as long as they follow the relevant regulations. However, it is important to be aware of your obligations under Australian Consumer Law (ACL), which requires transparency and honesty about the ingredients in your products as well as their manufacturing or origins.
