
Cannabis is illegal in most of Australia, but rules differ between regions. In South Australia, for example, cannabis flower, cannabis oil, and cannabis resin are all illegal to keep, use, grow, sell, or give away. However, medical cannabis is legal in Australia but highly regulated. It is available by prescription from a doctor or through participation in a medical trial. THC oil, which is derived from cannabis, is therefore illegal in most of Australia, except in the Australian Capital Territory. However, medicinal THC oil is legal in Australia with a prescription.
| Characteristics | Values |
|---|---|
| Legality of THC oil in Australia | Cannabis oil is illegal to keep, use, grow, sell or give away in South Australia. Possession for personal use can result in a fine without a criminal conviction. However, medical cannabis products can be obtained via prescription from an authorised medical practitioner. |
| Legality of medicinal cannabis in Australia | Medicinal cannabis is legal in Australia but highly regulated. It can be prescribed by a doctor to relieve the symptoms of a medical condition or the side effects of medical treatment. It is available in various forms, including oils, capsules, and nasal or mouth sprays. |
| Legality of importing medicinal cannabis to Australia | Medicinal cannabis can be imported into Australia by travellers for medical treatment, with certain restrictions and requirements. |
| Driving under the influence of THC in Australia | Driving under the influence of THC is illegal in Australia and can result in legal penalties. THC can impact driving ability and increase the risk of accidents. |
| Legality of purchasing low-dose CBD over the counter in Australia | Since 2021, the sale of low-dose cannabidiol (CBD) products has been allowed over the counter at Australian pharmacies. However, no CBD product has been approved by the Australian Register of Therapeutic Goods (ARTG), which is required for pharmacist sale. |
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What You'll Learn

THC oil legality varies across Australian states
In Australia, THC oil legality varies across states and territories. While cannabis is illegal in most of Australia, medicinal cannabis is legal but highly regulated. It is available via prescription from a doctor or by participating in a medical trial.
In Tasmania, there is a medical defence for driving with THC in your system, provided you are not impaired. In South Australia, cannabis flower, cannabis oil, and cannabis resin are illegal to keep, use, grow, sell, or give away. Possession for personal use can result in an expiation, which is a fine without a criminal conviction. However, large-scale trafficking or selling can result in penalties of up to AU$1 million, 15 years to life imprisonment, or both. Despite this, South Australian residents can obtain medicinal cannabis products via prescription from an authorised medical practitioner.
In Victoria, growing your own cannabis or smoking illicit cannabis for medicinal purposes remains illegal. Cannabis that is not prescribed by a doctor is considered unreliable due to a lack of safety and quality testing, and the active ingredients, including THC, may be inconsistent.
The Therapeutic Goods Administration (TGA) has allowed the sale of low-dose cannabidiol (CBD) preparations over the counter at Australian pharmacies since early 2021. However, no CBD product has been approved by the Australian Register of Therapeutic Goods (ARTG), which is required for pharmacist sale. Medicinal cannabis products can be imported into Australia for patient treatment through various mechanisms, and travellers are permitted to bring medicinal cannabis into the country under certain conditions.
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Medicinal cannabis is legal in Australia but highly regulated
In Australia, medicinal cannabis is highly regulated and can only be accessed legally through a doctor's prescription. It is used to help with chronic pain, cancer symptoms, epilepsy, nausea, vomiting, muscle spasms, seizures, anxiety, insomnia, arthritis, and inflammatory issues. It often comes in oral, capsule, oil, tincture, or topical forms.
While medicinal cannabis is legal in Australia, cannabis itself is illegal to use, possess, grow, or sell in most states and territories, except in the Australian Capital Territory (ACT). The Therapeutic Goods Administration (TGA) has allowed the sale of low-dose cannabidiol (CBD) preparations over the counter at pharmacies since early 2021. However, no CBD product has been approved by the Australian Register of Therapeutic Goods (ARTG), which is required for pharmacist sale.
To obtain medicinal cannabis in Australia, patients must have a prescription from a registered healthcare practitioner or be part of a medical trial. The doctor must believe that the medicinal cannabis is clinically appropriate for the patient's condition and has any required approvals. In some states, such as Tasmania, there is a medical defence for driving with THC in your system, provided you are not impaired. However, it is important to note that THC can impact driving ability and increase the risk of accidents, with possible legal penalties for positive THC tests during roadside drug testing.
For travellers entering Australia, there is a traveller's exemption that allows individuals to bring medicinal cannabis into the country for medical treatment. This exemption is outlined under the Customs (Prohibited Imports) Regulations 1956, and the amount of medicinal cannabis allowed is typically limited to a 3-month supply.
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Recreational cannabis is illegal in most of Australia
Cannabis is illegal in most of Australia. While medical cannabis is legal in Australia, it is highly regulated. It is used to help with chronic pain, cancer symptoms, and epilepsy. To use medical cannabis, you must have a prescription from your doctor or be part of a medical trial.
Recreational cannabis, on the other hand, is illegal in most states and territories in Australia. The possession, use, cultivation, and sale of cannabis for recreational purposes are prohibited in many regions. For example, in South Australia, cannabis flower, cannabis oil, and cannabis resin are all illegal. Possession for personal use can result in a fine without a criminal conviction, while large-scale trafficking or selling can lead to significant penalties, including fines of up to AU$1 million and prison sentences of up to 15 years to life.
However, it's important to note that the Australian Capital Territory (ACT) has decriminalized cannabis. In the ACT, small amounts of cannabis for personal use are allowed, and individuals over the age of 18 can legally possess up to 50 grams of dry cannabis or 150 grams of wet cannabis.
There are ongoing efforts and public support for the legalization of recreational cannabis in Australia. The country's cannabis market is booming, and some states are taking steps toward reform. For instance, in Tasmania, there is a medical defence for driving with THC in your system, provided you are not impaired. Additionally, Tasmania has made it easier for patients to obtain medicinal cannabis, with general practitioners now able to prescribe it if they believe it is clinically appropriate and they have the necessary approvals.
While recreational cannabis remains illegal in most of Australia, the country has made strides in recognizing the potential benefits of medicinal cannabis. The Therapeutic Goods Administration (TGA) has allowed the sale of low-dose cannabidiol (CBD) preparations over the counter at pharmacies, although no products have been approved by the Australian Register of Therapeutic Goods (ARTG) yet. Medicinal cannabis products, including oils, tinctures, and other extracts, are available through prescription to treat various medical conditions.
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THC oil is illegal in South Australia
In Australia, cannabis is illegal to use, possess, grow or sell in most states and territories. Cannabis flower, cannabis oil and cannabis resin are all illegal to keep, use, grow, sell or give away in South Australia. Possession for personal use can be penalised with an expiation, which is a fine without a criminal conviction. Large-scale trafficking or selling can attract penalties of up to AU$1 million, 15 years to life imprisonment or both.
Medicinal cannabis is highly regulated in Australia and must be prescribed by a doctor to treat the symptoms of a medical condition or the side effects of medical treatment, such as chemotherapy. It is available in a variety of forms, including oils, capsules, suppositories, pastilles, solvent extracts, oro-mucosal sprays, and trans-dermal applications such as patches or topical gels or creams.
The Therapeutic Goods Administration (TGA) has allowed the sale of low-dose cannabidiol (CBD) preparations over the counter at Australian pharmacies since early 2021. However, no product containing CBD has been approved by the Australian Register of Therapeutic Goods (ARTG), which is a requirement for pharmacist sale.
While medicinal cannabis is illegal to import through the mail or by courier, there is a traveller's exemption that allows individuals to bring medicinal cannabis into Australia when returning from travel.
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THC oil is decriminalised in the Australian Capital Territory
Cannabis is illegal in most of Australia, but rules differ between regions. In 2020, the Australian Capital Territory (ACT) became the first jurisdiction to decriminalise the possession and use of small amounts of cannabis for personal use. This means that residents of the ACT over the age of 18 can legally possess up to 50 grams of 'dried' cannabis and 150 grams of 'wet' or freshly harvested cannabis. They are also allowed to grow up to two plants per person and four per household if there are more than two adults in the home. However, it is important to note that the personal and commercial sale of recreational cannabis in the ACT remains illegal, including the sale of cannabis seeds and extracts.
The decriminalisation of cannabis in the ACT is a result of shifting attitudes towards cannabis use in Australia. In recent years, there has been growing public support for the decriminalisation and legalisation of cannabis for recreational and medicinal purposes. According to a 2019 survey by the National Drug Strategy Household Survey (NDSHS), 41% of Australians supported the legalisation of cannabis, while 37% remained opposed and 22% were undecided. Additionally, a 2024 YouGov poll found that over half of Australians polled were in favour of decriminalising cannabis, with half of the respondents between the ages of 18 and 49 supporting legalising personal use.
The ACT Labor Party, particularly member Michael Pettersson, has been instrumental in pushing for cannabis law reform in the territory. However, the Canberra Liberals have generally opposed the ACT's cannabis decriminalisation laws, vowing to repeal them if elected in majority. Despite this opposition, the Liberals' loss in the 2020 ACT election has led them to backtrack on this promise, stating that repealing decriminalisation is no longer a priority.
While the possession and use of small amounts of cannabis for personal use have been decriminalised in the ACT, it is essential to understand the limitations and restrictions that still apply. The ACT's state laws conflict with federal laws, which continue to prohibit the recreational use of cannabis. As a result, federal lawmakers have attempted to overturn the ACT's decriminalisation laws. Additionally, the sale and supply of cannabis, including cannabis seeds and extracts, remain illegal in the territory.
It is also important to distinguish between the legal status of cannabis for recreational use and medicinal use in Australia. Medicinal cannabis is legal in Australia but highly regulated. Patients must obtain a prescription from a doctor or be part of a medical trial to access medicinal cannabis products, which can include flower, oils, capsules, and tinctures. Only two medicinal cannabis products, Sativex and Epidyolex, are currently registered with the Therapeutic Goods Administration (TGA). Patients who want access to these products may need to go through special pathways, and doctors must apply for permission to prescribe them.
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Frequently asked questions
Cannabis flower, cannabis oil, and cannabis resin are illegal to keep, use, grow, sell, or give away in South Australia. However, medical cannabis products can be obtained via prescription from an authorized medical practitioner.
Tetrahydrocannabinol (THC) is responsible for the psychotropic effects of cannabis and is the reason for its recreational use. THC is a cannabinoid known for its psychoactive properties.
Medicinal cannabis is legal in Australia but highly regulated. It is used to help with chronic pain, cancer symptoms, and epilepsy. It can only be legally accessed through a prescription from a doctor.
Medicinal cannabis can be imported into Australia for the treatment of patients through various mechanisms. Travellers are allowed to bring medicinal cannabis into the country under the traveller's exemption, but it is illegal to import it through the mail or by courier.
Possession of THC oil for personal use in South Australia can result in an "expiation," which is a fine without a criminal conviction. Large-scale trafficking or selling can lead to penalties of up to AU$1 million, 15 years to life imprisonment, or both.


































