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Schedule 3, 4 and 8: CBD scheduling explained

What Schedule 3, Schedule 4 and Schedule 8 mean for CBD in Australia, with the exact wording of the Poisons Standard entries as of November 2026.

Facts checked 13 November 20269 min readHow we research

CBD is a Schedule 4 medicine in Australia, which means prescription only. Two other schedules matter. Schedule 3 would allow low-dose CBD to be sold by a pharmacist, but no product has qualified. Schedule 8 covers cannabis products with more than a small fraction of THC or other cannabinoids.1

What is a schedule?

The Poisons Standard is a Commonwealth legal instrument that classifies medicines and chemicals. Its formal name is the Standard for the Uniform Scheduling of Medicines and Poisons. Each schedule sets a level of control. The states and territories give the schedules legal force through their own laws.

The standard is re-made about three times a year. The current edition is the October 2026 instrument, which commenced on 1 October 2026.1 Its CBD entries are the ones quoted on this page.

How do the three schedules compare?

Schedule 3 Schedule 4 Schedule 8
Label Pharmacist Only Medicine Prescription Only Medicine Controlled Drug
Prescription needed No Yes Yes, with tighter controls
CBD share of cannabinoids 98% or more 98% or more Under 98%
Other cannabinoids 2% or less, with THC no more than 1% of total cannabinoids 2% or less More than 2%
Must be on the national register Yes No No
Products available, November 2026 None Yes, on prescription Yes, on prescription

The Schedule 3 and 4 rows come from the entries quoted below. The Schedule 8 row is what follows when those entries are read with the cannabis and THC entries.1

Cannabis and THC that are not covered by another schedule entry or an exemption are listed in Schedule 9 (Prohibited substances). This includes cannabis that has not been grown, made or imported as a medicine under Commonwealth law, such as illicit cannabis. Schedule 9 is for substances that should be available only for teaching, training, medical or scientific research, including approved clinical trials.1

Where CBD, THC medicines and illicit cannabis sit in the Poisons Standard Schedule What sits there (Poisons Standard, October 2026) Schedule 3 Pharmacist only Low-dose CBD on the national register, up to 150 mg a day, adults only No product registered as of November 2026 Schedule 4 Prescription only CBD that is 98% or more of the cannabinoids, with other cannabinoids 2% or less Only TGA Category 1 products Schedule 8 Controlled drug Cannabis and THC medicines, and products with more than 2% other cannabinoids, including “CBD-dominant” Category 2, most full-spectrum oils and Sativex (nabiximols) Schedule 9 Prohibited Cannabis and THC not covered by another entry or exemption, such as illicit cannabis Only for research, teaching and approved trials Exempt: hemp seed oil with 75 mg/kg or less CBD and 10 mg/kg or less THC
Where cannabis products sit in the October 2026 Poisons Standard, from least to most tightly controlled.

What does the Schedule 4 entry say?

The October 2026 Poisons Standard reads:1

CANNABIDIOL in preparations for therapeutic use or analytical and scientific research where:

(a) cannabidiol comprises 98% or more of the total cannabinoid content of the preparation; and

(b) any cannabinoids, other than cannabidiol, must be only those naturally found in cannabis and comprise 2% or less of the total cannabinoid content of the preparation;

except when:

(c) included in Schedule 3; or

(d) in hemp seed oil at a concentration of 75 mg/kg or less.

So a product is Schedule 4 CBD if nearly all of its cannabinoids are CBD. The two exceptions are a registered Schedule 3 product and hemp seed oil with only a trace of CBD.

What does the Schedule 3 entry say?

The October 2026 Poisons Standard reads:1

CANNABIDIOL in oral, oromucosal and sublingual preparations included in the Register when:

(a) the cannabidiol is either plant derived or, when synthetic, only contains the (-)-CBD enantiomer; and

(b) the cannabidiol comprises 98% or more of the total cannabinoid content of the preparation; and

(c) any cannabinoids, other than cannabidiol, must be only those naturally found in cannabis and comprise 2% or less of the total cannabinoid content of the preparation and of which tetrahydrocannabinol (THC) can only comprise 1% of the total cannabinoid content; and

(d) the maximum recommended daily dose is 150 mg or less of cannabidiol; and

(e) packed in blister or strip packaging or in a container fitted with a child-resistant closure; and

(f) in packs containing not more than 30 days’ supply; and

(g) for persons aged 18 years and over.

“Oromucosal” and “sublingual” mean absorbed through the lining of the mouth or under the tongue. “Included in the Register” means the product must be on the Australian Register of Therapeutic Goods. A product that meets every other condition but is not registered is still Schedule 4.1 No Schedule 3 CBD product has been registered.2 See over-the-counter CBD.

When is a CBD product Schedule 8?

When cannabinoids other than CBD make up more than 2% of the total. Such a product falls outside both CBD entries. If it is a lawful medicine at all, it comes under the cannabis and THC entries in Schedule 8.1

The TGA sorts medicinal cannabis into five categories. Only Category 1 (CBD at 98% or more of cannabinoids) is Schedule 4. Categories 2 to 5 are Schedule 8, including Category 2, which is labelled “CBD-dominant” and covers products where CBD is 60% to under 98% of cannabinoids.34

This catches many people out. A product marketed around its CBD content can still be a controlled drug. Most full-spectrum oils contain more than 2% other cannabinoids.

The registered medicine Sativex has its own Schedule 8 entry under the name nabiximols.1

Why does a ratio matter more than a percentage?

The limits measure CBD and THC against the total cannabinoid content, not against the whole bottle.1 The practical effects are:

  • A percentage of THC “by weight” tells you nothing about the schedule. Australian law has no rule that a product under a set THC percentage is legal.
  • A Schedule 4 CBD product may lawfully contain up to 2% other cannabinoids, which can include a small amount of THC.1 A Victorian Government fact sheet warns that some medicines “that contain mostly CBD may also contain very small amounts of THC”.5

Roadside and workplace tests look for THC. See CBD and driving and CBD and drug tests.

What is exempt from scheduling?

Hemp seed oil, plus processed hemp fibre with 0.1% THC or less (which is not something people take). Hemp seed oil is exempt from the cannabis, CBD and THC entries when it contains 75 mg/kg or less of CBD and 10 mg/kg or less of THC. The standard defines hemp seed oil as oil “obtained by cold expression from the ripened fruits (seeds) of Cannabis sativa”.1

The entries contain no exemption for cosmetics or products for use on the skin.1 See hemp and CBD in skincare and CBD oil vs hemp seed oil.

Older articles sometimes quote a hemp seed oil limit of 50 mg/kg total cannabinoids and 20 mg/kg THC. Those were earlier figures. The current instrument reads 75 mg/kg CBD and 10 mg/kg THC.6

What else does the Poisons Standard say about CBD?

  • Warning labels. Schedule 3 CBD must carry the warnings “Do not use if pregnant or likely to become pregnant” and “Do not use if breastfeeding or planning to breastfeed”.6 See CBD in pregnancy and breastfeeding.
  • Advertising. Schedule 3 medicines can be advertised to the public only if listed in Appendix H. CBD is not listed there.1
  • Sedation warning. Cannabis and THC must carry a sedation warning under Appendix K. That entry excludes “cannabidiol when included in Schedule 3 or 4”.6
  • Animals. The Australian Veterinary Association says vets may prescribe CBD products that meet the Schedule 4 entry, and that “Schedule 8 and Schedule 3 cannabinoid products are not allowed for animals”.7 See CBD for pets in Australia.

How did CBD scheduling get here?

Year Change
2015 CBD first listed in Schedule 4
2016 Schedule 8 entries created for cannabis and THC
2018 Schedule 4 entry clarified to the 98% and 2% wording
2020 On 15 December the TGA announced the final decision to create a Schedule 3 entry, with a 150 mg daily limit
2021 Schedule 3 entry took effect

The 2015 to 2018 changes and the 2021 year are from a TGA paper.6 The 2020 decision is from the TGA’s media release.8 The full history is on our timeline of CBD law.

Is the scheduling under review?

It may be. After its 2025 consultation, the TGA said reform options “may include a review of the current scheduling of cannabis, CBD and THC”, and noted that some stakeholders had called for CBD to be down-scheduled. Separate schedule entries for other cannabinoids such as CBN and CBG were also raised.6 No decision has been made as of the latest documents we found (mid-2026).9

Footnotes

  1. Australian Government. Therapeutic Goods (Poisons Standard, October 2026) Instrument 2026. https://www.legislation.gov.au/F2026L01327/asmade/2026-09-30/text/original/pdf ↩ ↩2 ↩3 ↩4 ↩5 ↩6 ↩7 ↩8 ↩9 ↩10 ↩11 ↩12 ↩13 ↩14

  2. Therapeutic Goods Administration. Consultation paper: reviewing the safety and regulatory oversight of unapproved medicinal cannabis products, August 2025. https://consultations.tga.gov.au/medicines-regulation-division/test-soms/user_uploads/final---consultation-paper---medicinal-cannabis-review---august-2025.pdf ↩

  3. Penington Institute. Cannabis in Australia, November 2025 (restating the TGA category scheme). https://www.penington.org.au/wp-content/uploads/2025/11/Penington_Institute_Cannabis-in-Australia_Nov_2025.pdf ↩

  4. Therapeutic Goods Administration. Medicinal cannabis (unapproved therapeutic goods). https://www.tga.gov.au/products/unapproved-therapeutic-goods/medicinal-cannabis ↩

  5. Victorian Government. Medicinal cannabis and driving: patient fact sheet. https://edge.sitecorecloud.io/stategovernc45d-cftw-production-c9ca/media/Project/TransportWebsite/Forms/medicinal-cannabis-and-driving-patient-factsheet.pdf ↩

  6. Therapeutic Goods Administration. Paper to the scheduling advisory committee, 18 March 2026, released as FOI 26-2886. https://www.tga.gov.au/sites/default/files/2026-06/FOI%2026-2886.PDF ↩ ↩2 ↩3 ↩4 ↩5

  7. Australian Veterinary Association. Use of medicinal cannabis in animals, policy ratified 20 July 2023. https://www.ava.com.au/policy/use-of-medicinal-cannabis-in-animals ↩

  8. Therapeutic Goods Administration. Over-the-counter access to low dose cannabidiol, media release, 15 December 2020. https://www.tga.gov.au/news/media-releases/over-counter-access-low-dose-cannabidiol ↩

  9. Therapeutic Goods Administration. Update to the sector on the medicinal cannabis review, July 2026. https://www.tga.gov.au/sites/default/files/2026-07/update-tga-sector.pdf ↩

Common questions

What schedule is CBD in Australia?

Schedule 4, prescription only, when CBD makes up 98% or more of the cannabinoids in the product. A Schedule 3 pharmacist-only entry also exists for low-dose registered products, but none has been registered. Products with more than 2% other cannabinoids are Schedule 8.

Is full-spectrum CBD oil Schedule 4 or Schedule 8?

It depends on the cannabinoid ratio. If cannabinoids other than CBD make up more than 2% of the total, the product falls outside the CBD entries and is Schedule 8. Most full-spectrum oils are in that group.

Is hemp-derived CBD treated differently from cannabis-derived CBD?

No. The CBD entries in the Poisons Standard apply to CBD whatever plant it came from. The only exemption is for hemp seed oil containing 75 mg/kg or less of CBD and 10 mg/kg or less of THC.

Is CBD isolate legal?

CBD isolate is still CBD, so it is a Schedule 4 prescription-only medicine when used for therapeutic purposes. Purity does not remove the need for a prescription.

This page is general information, not medical or legal advice. Laws and evidence change; we show the date we last checked the facts at the top of every page. Talk to your doctor or pharmacist before starting, stopping or changing any medicine.

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