The Legal Status of CBD in Australia

The Legal Status of CBD in Australia
The Legal Status of CBD in Australia
Discover the definitive guide to the legal status of CBD in Australia. Stay informed about the latest regulations, ensuring you navigate the CBD landscape Down Under with confidence.
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  • The status of CBD oil is fully legal in Australia, provided it contains a minimum of 98% pure cannabidiol (CBD) and less than 2% of other cannabinoids typically found in cannabis.
  • While the terms “cannabis” and “hemp” are often used interchangeably, they are distinct varieties of the same plant species, each with unique properties and uses.
  • Hemp products encompass a wide range of items derived from various parts of the hemp plant, including its seeds, stalks, and flowers, showcasing its remarkable versatility.
  • In Australia, the regulation of hemp products is comprehensive, with oversight at both the federal and state/territory levels. This ensures that these products meet stringent quality and safety standards.
  • Regulated CBD products in Australia undergo rigorous testing to guarantee consistent quality and safety, giving consumers confidence in their purchases.
  • You can obtain CBD products either through a prescription from a healthcare professional or by purchasing from reputable online brands, offering convenience and choice.
  • CBD oil is generally considered safe for consumption and is unlikely to impair driving abilities when used responsibly, making it an appealing option for a wide range of users.

Table of Contents

CBD oil is legal in Australia as long as it contains at least 98% cannabidiol and less than 2% of other cannabinoids found in cannabis. This means that consumers can confidently purchase and use CBD products without the fear of breaking any laws. Since early 2021, the Therapeutic Goods Administration (TGA) has also allowed the sale of low-dose CBD preparations over the counter at Australian pharmacies. This has made it even more convenient for individuals seeking the potential health benefits of CBD to access this natural remedy. It is perfectly legal to buy and sell CBD products online, further expanding the accessibility and availability of these products for consumers across the country.

The legal status of CBD in Australia not only provides individuals with relief from chronic conditions or ailments but also ensures that they have a trustworthy and regulated source of CBD-based products. This move by the TGA has helped to eradicate the black market products that may have been of questionable quality and safety. The regulation of CBD products also ensures that individuals can make informed decisions about their health and well-being, as CBD products are subject to stringent testing for cannabinoid content, heavy metals, and other contaminants. The legal access to CBD in Australia has opened up a world of possibilities for individuals seeking alternative medical treatments and has offered a safer and more regulated way to obtain CBD-based products, whether it be for medicinal purposes or as a part of their daily health routine.

Differentiating Cannabis from Hemp

Cannabis and hemp are often used interchangeably, but they are actually different varieties of the same plant species, Cannabis sativa. The main distinction between the two lies in their THC content. THC, or tetrahydrocannabinol, is the psychoactive compound responsible for the intoxicating effects of marijuana. Hemp is legally required to have less than 0.3% THC content, making it non-intoxicating and safe for use. In contrast, marijuana can contain much higher levels of THC, often exceeding 25%.

Hemp is primarily cultivated for its versatile fibers, which can be used to make textiles, paper, and building materials. It is also valued for its seeds, which can be consumed or used to produce hemp oil. On the other hand, marijuana is primarily grown for its psychoactive and medicinal properties, with higher levels of THC for recreational and medicinal purposes.

One significant difference between the two plant varieties is their CBD and THC levels. CBD, or cannabidiol, is a non-intoxicating compound that has gained popularity for its potential therapeutic benefits. Hemp plants generally contain higher levels of CBD and lower levels of THC, making them ideal for producing CBD-based products. Conversely, marijuana plants have higher levels of THC and lower levels of CBD, which is why they are sought after for their psychoactive effects.

How are Hemp Products Made?

Hemp products are made from various parts of the hemp plant, including the seeds, stalks, and flowers. The versatility of hemp allows for the creation of a wide range of products that cater to different needs and industries.

One of the most common uses of hemp is in fiber production. The strong and durable fibers extracted from the stalks of the hemp plant can be spun into yarn or woven into fabric. This makes hemp an excellent material for textiles, paper, and building materials. The use of hemp fibers in these industries not only makes for sustainable and eco-friendly options but also ensures a high-quality end product.

Hemp seeds are another valuable component of the plant. These seeds can be consumed raw or roasted, providing a nutritious and protein-rich food source. They are also rich in healthy fats, making them a popular choice for those seeking a plant-based protein alternative. Additionally, hemp seeds can be pressed to create hemp oil, which is used in cooking and can be taken as a dietary supplement.

One of the most well-known and sought-after compounds found in hemp is cannabidiol, or CBD. CBD is extracted from hemp flowers and is known for its potential therapeutic benefits without the psychoactive effects commonly associated with THC. CBD-based products are made from hemp plants that contain high levels of CBD and low levels of THC. These products have gained popularity for their potential to help relieve conditions such as chronic pain and certain medical conditions.

Aside from fiber, seeds, and CBD, hemp can also be used to make a variety of other products. These include cosmetics, biofuels, and plastic alternatives. The specific products that can be made from hemp depend on the part of the plant being used and the processing methods used to extract the desired compounds.

Components of the Cannabis Plant and their Uses

The cannabis plant contains various cannabinoids, which are the primary active compounds. The two most well-known cannabinoids are tetrahydrocannabinol (THC) and cannabidiol (CBD). THC is responsible for the psychoactive effects of cannabis, while CBD is non-psychoactive and has potential therapeutic properties. Other cannabinoids found in cannabis include cannabigerol (CBG), cannabinol (CBN), and tetrahydrocannabivarin (THCV).

Cannabis also contains aromatic compounds called terpenes. Terpenes are responsible for the distinct smells and flavors of different cannabis strains. Some terpenes found in cannabis, such as myrcene and limonene, have shown potential therapeutic properties.

For centuries, the cannabis plant has been used as a source of fiber for clothing, paper, and other products. The strong and durable fibers extracted from the stalks of the plant can be spun into yarn or woven into fabric, making it an eco-friendly and sustainable option for the textile industry.

Cannabis seeds contain oil that has various uses. The oil can be used for cooking, providing a nutritious and healthy alternative. It can also be taken as a dietary supplement due to its rich content of essential fatty acids and other beneficial nutrients.

Cannabis has been used for medicinal purposes for thousands of years. Certain cannabinoids, particularly CBD, have shown potential in treating conditions such as chronic pain, anxiety, and epilepsy. CBD-based products, with low levels of THC, are gaining popularity for their potential therapeutic benefits without the psychoactive effects.

How Hemp Products are Regulated in Australia

Hemp products are regulated in Australia at both the federal and state/territory levels. The possession, cultivation, and supply of industrial hemp are permitted, but tightly regulated primarily at the state and territory level. In order to ensure consumer safety, all hemp products must adhere to strict regulations regarding THC content. According to Australian law, all hemp must contain less than 0.005% THC, which is the psychoactive compound found in cannabis.

The Office of Drug Control (ODC) is responsible for regulating its cultivation, production, manufacture, and importation in Australia. This includes the licensing and permitting processes, which require stringent checks, certifications, and controls. Anyone involved in the medicinal cannabis industry must obtain the necessary permits and licenses from the ODC to ensure compliance with the regulations.

Buying CBD Oil In Australia

In order to purchase CBD oil in Australia, a valid doctor’s prescription is necessary. This prescription requirement ensures that CBD products are accessed for appropriate medical reasons and under professional guidance. Additionally, regulated CBD products in Australia undergo rigorous testing to ensure quality, safety, and consistency. These products are subject to strict regulations, which not only ensures their efficacy but also makes them more affordable or similarly priced compared to products from the “green” market. This offers patients a reliable and cost-effective option for accessing CBD oil for their medical needs.

While some Australians choose to purchase CBD products online from overseas retailers, there is a risk of customs confiscating these products, even if they contain low doses of CBD. To address this issue, e-scripts have emerged as a convenient alternative. With e-scripts, individuals have the flexibility to buy CBD oil online from any pharmacy in Australia and have it delivered directly to their homes. This option provides convenience and accessibility for those who may have difficulty accessing CBD oil through traditional means.

Furthermore, if your regular doctor is unwilling to prescribe CBD oil, there is an option to take a quick eligibility test and book an appointment with a doctor who specializes in prescribing CBD oil. This consultation allows individuals to discuss their specific medical conditions and explore the potential benefits of CBD oil as a treatment option. By working with specialized doctors, patients can receive the proper guidance and support in accessing CBD oil for their medical needs in a safe and legal manner.

Where can I legally buy CBD oil in Australia?


In Australia, one of the legal way to access CBD oil is by obtaining a prescription from a doctor. This ensures that patients are using CBD oil for medicinal purposes under the supervision of a healthcare professional. While some individuals choose to purchase CBD products online from overseas retailers, there is a risk of customs confiscating these products, even if they contain low doses of CBD. To address this issue, several options are available online for legally purchasing CBD oil in Australia.

One trusted option is Lullaby Luxury, an Australian-based website that offers a wide range of high-quality CBD products. They provide convenient online ordering and deliver CBD oil directly to your door. Another reputable website is Naturecan Australia, which sources their CBD products from the US. Their products are rigorously tested and certified by independent laboratories, ensuring their quality and safety. Naturecan Australia also provides third-party laboratory testing and certificates of analysis on each product page, giving customers peace of mind.

Delays in delivery may occur when purchasing CBD oil from overseas-based websites such as Naturecan Australia. To navigate the Australian CBD market, Honahlee offers independent advice on buying CBD oil in Australia. They highlight that currently, the only legal way to access CBD oil in Australia is by obtaining a prescription from a health professional. However, they also mention that various Australian websites provide links to reputable overseas websites where CBD oil can be purchased. This allows individuals to explore CBD options while ensuring compliance with Australian regulations.

Considerations when taking CBD Oil

One of the first considerations is dosage. Take the correct amount of CBD oil to ensure its effectiveness. The appropriate dosage can vary depending on factors such as weight, age, and the condition being treated. It is generally recommended to start with a low dose and gradually increase it until the desired effect is achieved.

Look for products that have been tested by a third-party lab and have a certificate of analysis (COA) available. This ensures that the product contains the amount of CBD advertised and is free from contaminants such as pesticides and heavy metals. By choosing a high-quality CBD oil, consumers can have peace of mind knowing that they are using a safe and effective product.

CBD oil can be consumed sublingually, topically, or through inhalation. Depending on the method of consumption, the time it takes for the CBD to take effect and the duration of the effects can vary. Choose a method that works for you.

Be aware of potential side effects. While CBD is generally considered safe, it can cause side effects such as dry mouth, dizziness, and changes in appetite [1]. It can also interact with certain medications, so it’s important to talk to a healthcare provider before incorporating CBD oil into one’s routine.

How is CBD usually taken?

CBD oil can be consumed in several ways, providing individuals with various options for incorporating it into their daily routine. One common method of consumption is sublingually, which involves placing drops of CBD oil under the tongue and holding it there for 30-60 seconds before swallowing. This method allows for faster absorption into the bloodstream, as the CBD is directly absorbed through the blood vessels under the tongue. Many people prefer this method due to its convenience and quick onset of effects.

Topical application is another popular way to use CBD oil. With this method, the oil is directly applied to the skin, where it can be absorbed through the pores. This method is often used for localized pain relief, as it allows for targeted application to specific areas of the body. Topical CBD products such as creams, balms, and lotions are widely available and can be easily applied whenever needed.

Inhalation is another option for consuming CBD oil. This involves using a vaporizer or vape pen to inhale the CBD oil. Inhalation allows for quick absorption into the bloodstream, as the CBD enters the lungs and is rapidly distributed throughout the body. However, this method can be harsh on the lungs and may not be suitable for everyone.

The method of consumption can affect how quickly the CBD takes effect and how long the effects last. Sublingual consumption provides quicker onset, while inhalation offers immediate effects. On the other hand, topical application is often preferred for localized pain relief. Each individual may have different preferences and needs, so it’s important to choose a method that is convenient and effective.

Who can access CBD Oil in Australia?

In Australia, CBD oil is primarily prescribed by healthcare practitioners through the Special Access Scheme Category B (SAS-B) pathway [2]. This pathway allows prescribers to apply to the Therapeutic Goods Administration (TGA) for approval to prescribe a specific category of product to an individual patient who is suffering from a specific medical condition or indication. This ensures that CBD oil is only accessed by those who truly need it and under the guidance and supervision of healthcare professionals. The SAS-B pathway provides a regulated and controlled system for accessing CBD oil for therapeutic purposes in Australia, prioritizing patient safety and ensuring that the medical treatment is appropriate and effective for the specific patient’s needs.

Will CBD Oil Get Me High?

No, CBD oil will not make you high. While CBD can be extracted from the cannabis plant, it does not have the same ability to create a “high” or state of euphoria as marijuana or THC [3]. THC produces the euphoric and intoxicating feelings commonly referred to as “getting high,” but CBD does not have this effect. CBD may help you feel relaxed or less anxious, but it won’t get you high. This is because CBD does not interact with the same receptors in the brain as THC, and it also has a different chemical structure [4]. Many people turn to CBD for its potential therapeutic benefits, such as helping with chronic pain or medical conditions, without the psychoactive effects associated with THC.

Is It Safe To Drive Under the Influence of CBD Oil?

It's safe to drive under the influence of CBD Oil

CBD oil is safe for consumption without impairing driving abilities. High doses of CBD do not seem to have any significant effect on driving, and when consumed on its own, CBD is driver-safe [5]. Use therapeutic cannabis in the evening if you work and drive during the day. By doing so, you can ensure that you are not under the influence of any substances that could potentially affect your driving ability. Prioritizing safety on the road is crucial, so it’s always better to err on the side of caution when it comes to consuming CBD products or any other substances that may have potential effects on your cognitive and motor skills.


  1. An Update on Safety and Side Effects of Cannabidiol: A Review Of …, Accessed 29 Aug. 2023.
  2. MacPhail, Sara L, et al. “Medicinal Cannabis Prescribing in Australia: An Analysis of Trends over the First Five Years.” Frontiers in Pharmacology, U.S. National Library of Medicine, 10 May 2022,
  3. Cannabidiol, Neuroprotection and Neuropsychiatric Disorders., Accessed 29 Aug. 2023.
  4. Winstone J;Shafique H;Clemmer ME;Mackie K;Wager-Miller J; “Effects of Tetrahydrocannabinol and Cannabidiol on Brain-Derived Neurotrophic Factor and Tropomyosin Receptor Kinase B Expression in the Adolescent Hippocampus.” Cannabis and Cannabinoid Research, U.S. National Library of Medicine, Accessed 29 Aug. 2023.
  5. Radcliffe, S. (2022) Can CBD impact your driving ability? what we know, Healthline. Available at: (Accessed: 29 August 2023).
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