CBD oil product for Australian patients

Is CBD oil legal in Australia in 2021?


Medical cannabis and CBD oil were banned in Australia from the early 1900’s, but what about now? As we enter the 2020’s, is it still illegal to use CBD oil? Read on to find out.

Before we dive in – if you aren’t 100% sure on what CBD is (it’s still quite new) check out this article – What is CBD? It’s a brief intro to the drug, where it comes from, and its potential benefits.

Is CBD oil legal in Australia?

As of 2021 – yes, CBD is legal in Australia with a prescription. The Therapeutic Goods Administration (TGA) has classed it as a Schedule 4 (S4) drug since 2016. However, it’s only legal if the CBD component of the oil is more than 98% concentration – meaning it has less than 2% of other cannabinoids found in cannabis.

Legal status of CBD oil in Australia

It’s legal – awesome! But how can you get some for yourself?

Accessing CBD oil

There are currently two methods to get your hands on some CBD – the legal method and the illegal method. Legal access to CBD oil in Australia can be obtained by applying through your GP or via a clinic specialising in medical cannabis prescriptions.

If you go through your GP, they will apply for your prescription via the Special Access Scheme (SAS). The time frame of this varies, but the government has been working on easing red tape surrounding the process following calls from many GPs.

Doctor writing a prescription for CBD oil in Australia
Doctor writing a prescription for CBD oil in Australia

Please read our guide for more detailed information on how you can access CBD oil in Australia.

Is It Different For Each State?

Fortunately, no – the current CBD laws are the same for each state. This is because the amendments made to the Narcotics Drug Act (1967) by the Office of Drug Control in 2016 were made on a federal level. Meaning they automatically apply to all states.

Even though CBD has been legalised in Australia on a federal level, each state has its own guidance on the drug which can be helpful to read as well:

Now that you know CBD oil has been legalised in Australia – you can stay up to date with all the latest cannabis news right here at Pondering Pot.


  1. Is cannabis seeds legal in NSW or any other state? a private group im on on facebook called “growing australia seedbank” is selling seeds for souvenir reasons from Tassie to all around oz. Any idea about the legalities of that? Theres also weed seeds australia on google..

    • Funny you mention that Kid, I stumbled on Weed Seeds Australia on Google a couple weeks back and ordered for the helluvit. I got my seeds in under a fortnight but its left me thinking how do they get away with this?

      If there’s anyone who can shed some light that would kill my curiosity.

  2. What about Hemp Root in Cosmetic Products. Any info? I can’t find any clear info about importing it from the United States.

    Thank you!

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