Is CBD Legal in Australia?

This guide explains how CBD is regulated in Australia, who can use it legally and what the rules are if you are travelling with CBD products.

Australia treats CBD as a medicine, not as a wellness supplement or food. This has major consequences for buying, using and importing CBD products, including CBD oils, capsules, vapes and gummies.

Key points at a glance: CBD legality in Australia

• CBD is classified as a medicine under the national Poisons Standard. In almost all cases it is a prescription‑only medicine (Schedule 4, “S4”). A limited category of low‑dose CBD could be sold as a “Pharmacist Only Medicine” (Schedule 3, “S3”), but this applies only to products listed in the Australian Register of Therapeutic Goods (ARTG). At the time of writing, no CBD products are listed as S3, so there is no non‑prescription CBD in pharmacies. (tga.gov.au)
• Bringing CBD to Australia as a traveller: A specific traveller’s exemption allows you to bring up to a 3‑month personal supply of medicinal CBD if you have a valid prescription and the product was originally dispensed by a pharmacy (with original packaging and label). Online or “mail order” purchases are excluded for CBD/cannabis products. (tga.gov.au)
• CBD foods are not allowed: CBD is not an approved ingredient in foods. Only specific low‑THC hemp seed foods are permitted, with strict cannabinoid limits. CBD gummies and other CBD‑enriched foods are regularly seized by border authorities. (foodstandards.gov.au, abf.gov.au)
• CBD in cosmetics: Cannabis extracts (for example “hemp/cannabis oil” with active cannabinoids) are treated as medicines or “drugs”, not cosmetic ingredients, and are generally not permitted in cosmetics. (odc.gov.au)
• Regional differences: The national Poisons Standard applies across Australia, but each state and territory implements the details (for example prescribing rules). For driving, most jurisdictions have zero‑tolerance for THC; CBD‑only products do not automatically prevent you from driving, provided you are not impaired (example: Victoria). (tga.gov.au, vicroads.vic.gov.au)

Legal framework: how CBD is classified in Australia

Australian CBD law is built around the national Poisons Standard (SUSMP). This legal instrument groups substances into “Schedules” based on their risk level. The Schedules are then adopted into state and territory law.

The Therapeutic Goods Administration (TGA) is responsible for scheduling decisions, under powers given by section 52D of the Therapeutic Goods Act 1989. (tga.gov.au, www5.austlii.edu.au)

CBD schedules and THC limits

• Schedule 4 (S4) – Prescription Only Medicine: CBD products with at least 98% of total cannabinoid content as CBD (with no more than 2% other naturally occurring cannabinoids) are treated as prescription‑only medicines. (tga.gov.au)
• Schedule 3 (S3) – Pharmacist Only Medicine: Low‑dose CBD (oral/oromucosal/sublingual) with:
  • maximum 150 mg CBD per day, and
  • at least 98% CBD of total cannabinoids, and
  • no more than 1% THC of the total cannabinoid content,
  may in principle be sold without a prescription, but only if the product is listed in the ARTG. Currently there are no S3 CBD products in the ARTG, so this route is not yet available in practice. (tga.gov.au)

Approved vs “unapproved” CBD medicines

Medicinal CBD products in Australia fall into two broad groups:

• ARTG‑registered products – for example certain specific CBD medicines approved for particular conditions.
• “Unapproved medicines” – products that can still be prescribed under special pathways such as the Special Access Scheme (SAS) or the Authorised Prescriber (AP) scheme. (tga.gov.au)

Entering Australia with CBD: traveller rules

If you are asking “can you bring CBD to Australia?”, the starting point is the TGA’s traveller’s exemption. This exemption lets you carry certain medicines for your own use without an import permit.

Conditions for bringing CBD into Australia

You may bring CBD with you by air or sea if:

• you have a valid prescription from a doctor (it does not have to be an Australian doctor), and
• the product was supplied in accordance with that prescription, meaning:
  • it was dispensed by a pharmacy, and
  • you carry it in its original packaging with pharmacy label.

These conditions come from the TGA’s guidance on medicinal cannabis importation and the traveller’s exemption. (tga.gov.au)

Common CBD travel scenarios

Documents and practical steps at the border

In practice, when entering Australia with CBD you should:

• carry your prescription (ideally in English),
• keep the medicine in the original packaging with the pharmacy label,
• where available, bring a printed Certificate of Analysis (CoA) showing:
  • CBD content (for example ≥98% of total cannabinoids), and
  • a clearly low THC content, and
• declare your medicines on entry, as recommended by the TGA. (tga.gov.au)

Note for doctors: importing medicinal cannabis products for a patient (other than through the traveller’s exemption) generally requires an import licence and permit under the Customs (Prohibited Imports) Regulations 1956, managed by the Office of Drug Control (ODC). (odc.gov.au)

Purchasing, possession and use of CBD within Australia

How to obtain CBD legally in Australia

• Prescribing routes: In practice, you can only obtain CBD through an Australian healthcare professional, who may:
  • prescribe an ARTG‑registered CBD medicine (for example a specific brand such as Epidyolex), or
  • use special pathways for “unapproved” CBD products via:
    • the Special Access Scheme (SAS), or
    • the Authorised Prescriber (AP) scheme.
  (health.qld.gov.au, tga.gov.au)

Possession and use

• With a prescription: possession and personal use of your prescribed medicinal CBD products are permitted.
• Without a prescription: medicinal CBD products are not lawfully allowed for personal possession or use.
• Advertising rules: direct‑to‑consumer advertising of prescription‑only and S3 CBD medicines is prohibited under TGA rules. (tga.gov.au)

CBD flower and “herbal final form”

• Plant material (such as dried cannabis flower) is tightly controlled.
• “Herbal final form” medicinal cannabis must meet quality standard TGO 93.
• Without medicinal authorisation and a valid prescription, such products should be assumed to be not permitted. (tga.gov.au)

CBD in foods and cosmetics in Australia

CBD in foods and drinks

• Hemp seed foods: Australia permits only low‑THC hemp seed foods such as:
  • hulled hemp seeds,
  • hemp seed oil,
  • hemp protein powders,
  and these must comply with strict maximum levels of THC and CBD. (foodstandards.gov.au)
• CBD‑enriched foods: the addition of CBD to foods and drinks is not authorised. This includes CBD gummies, CBD chocolate, CBD beverages and similar products.

Import of hemp foods

• The ODC allows certain hemp food imports without a permit if they stay within strict limits, for example:
  • hemp seed oil with ≤0.005% THC and ≤0.0075% CBD.
  (odc.gov.au)

CBD and hemp in cosmetics

• Cosmetic products containing cannabis extracts or “hemp oil” with an active cannabinoid content are generally treated as medicines or “drugs”.
• As a result, they are not treated as standard cosmetics and are usually prohibited unless they fall under the TGA’s therapeutic goods framework. (odc.gov.au)

Overview: CBD products and status in Australia

Regional differences: CBD rules across Australian states and territories

While the Poisons Standard classifications (such as S3 and S4) are national, each state and territory has its own medicines and poisons legislation to implement them. This can affect practical details such as extra permits or administrative steps for certain products.

For CBD as an S4 medicine, there are generally no extra state‑level approvals beyond the usual prescribing rules, but local differences can still exist. The TGA publishes contact details for state and territory health departments for up‑to‑date information. (tga.gov.au)

Before travelling within or to Australia, it is sensible to review the TGA and ODC guidance on “Travelling with medicines and medical devices”. (tga.gov.au, odc.gov.au)

Practical checklist for tourists and returning residents

This checklist summarises key CBD travel rules for Australia. It is based on the legal framework described above and official guidance from the TGA, ODC and food authorities.

• Carry a valid prescription and keep your CBD in its original packaging with pharmacy label.
• Where possible, print a Certificate of Analysis (CoA) showing:
  • CBD content (ideally ≥98%), and
  • very low THC content.
• Bring only up to a 3‑month personal supply and take any remaining CBD with you when you leave Australia.
• Do not order CBD online to be delivered to you in Australia. Personal importation by post or courier lies outside the traveller’s exemption and carries a significant risk of seizure.
• Do not bring CBD gummies or other CBD‑enriched foods. Only authorised low‑THC hemp seed foods are permitted. (tga.gov.au, foodstandards.gov.au)
• If you use vapes/devices, follow the limits (maximum 2 devices and 20 empty pods/capsules) and carry your prescription. Pre‑filled pods count towards your 3‑month medicine supply. (tga.gov.au)
• Driving: CBD‑only products do not in themselves ban you from driving, but you must not be impaired. Any THC, even from prescribed medicinal cannabis, can lead to an offence in many Australian jurisdictions. (vicroads.vic.gov.au)

Background and primary sources on CBD law in Australia

• TGA – Final decision on CBD (S3/S4) (tga.gov.au)
• TGA – Access pathways & current information (including “no S3 product in the ARTG”) (tga.gov.au)
• TGA – Poisons Standard (SUSMP) (tga.gov.au)
• Therapeutic Goods Act 1989, s 52D (www5.austlii.edu.au)
• TGA – Importation & traveller’s exemption (tga.gov.au)
• ODC – Importing medicinal cannabis (odc.gov.au)
• FSANZ – Hemp seeds as food (foodstandards.gov.au)
• ODC – Importing hemp products (limits) (odc.gov.au)
• VicRoads – Medicinal cannabis & driving (vicroads.vic.gov.au)

FAQ: Is CBD legal in Australia?

Does EU law apply in Australia?
No. CBD legality in Australia is determined solely by Australian law, including national medicines, narcotics, customs and food legislation, plus state and territory implementation of the Poisons Standard. EU law has no direct effect.

Can I buy CBD without a prescription in an Australian pharmacy?
At present, no. Although CBD can theoretically be supplied as a Schedule 3 “Pharmacist Only Medicine”, there are currently no CBD products listed in the ARTG as S3. This means pharmacies cannot lawfully sell CBD without a prescription. (tga.gov.au)

Am I allowed to drive if I use CBD in Australia?
With CBD‑only medicines, driving is allowed as long as you are not impaired. However, if your product contains any THC, you may test positive in roadside drug tests, and this can be an offence even if the THC was taken as prescribed medicinal cannabis. (vicroads.vic.gov.au)