How the TGA regulates CBD

How Australia's medicines regulator treats CBD, why most prescribed products are "unapproved", and what the 2025 to 2026 review may change.

Facts checked 13 November 20266 min readHow we research

The Therapeutic Goods Administration (TGA) treats CBD as a medicine. It decides which schedule CBD sits in, approves or declines medicines for the national register, runs the pathways that let prescribers use unapproved products, sets the quality standard, and enforces the ban on advertising. What it has not done, for nearly all CBD products, is assess whether they are safe or work.1

What is the TGA?

The TGA is the part of the Australian Government health department that regulates medicines and medical devices. A medicine it has assessed and approved is entered on the Australian Register of Therapeutic Goods (ARTG). Such a medicine is called “registered” or “approved”.

Which CBD medicines are approved?

As of the latest official statements we found (Ahpra guidance reviewed in September 2026), two cannabis medicines are registered.2 They are Epidyolex, a CBD medicine for seizures in two rare epilepsy syndromes, and Sativex, a spray containing both THC and CBD for spasticity in multiple sclerosis. See the registered cannabis medicines.

No low-dose, pharmacist-only CBD product has been registered. See over-the-counter CBD.

What does “unapproved” mean?

The TGA puts it this way: “Most medicinal cannabis products in Australia are unapproved therapeutic goods, meaning they are not included in the Australian Register of Therapeutic Goods (ARTG) and have not been assessed by us for safety, quality or effectiveness.”1

Unapproved does not mean illegal. It means the TGA has not done its usual assessment of the product, and the prescriber takes on more responsibility. According to the TGA, more than 1,000 unapproved medicinal cannabis products have been supplied, and over 99% of the products prescribed are unapproved.3

How do unapproved products reach patients?

There are three routes: the Special Access Scheme (which has two categories), the Authorised Prescriber scheme and clinical trials. All of them run through a health practitioner.4

Pathway How it works
Special Access Scheme Category B The prescriber applies to the TGA for approval for one patient.
Special Access Scheme Category A A notification pathway for seriously ill patients.
Authorised Prescriber The prescriber is authorised to prescribe to a class of patients with the same condition, without an application for each one.
Clinical trial The patient takes part in an approved study.

The descriptions above are summarised from the TGA.1 Patients cannot apply themselves. Access “can only be arranged through an Australian registered health practitioner”.1

The TGA says doctors and nurse practitioners may use these pathways “if all other clinically appropriate treatment options on the ARTG have been considered”.1 The TGA has confirmed that since 2021, applications are made by category of active ingredient and not by brand.3

Use of the pathways has grown quickly. Special Access Scheme Category B approvals for medicinal cannabis rose from 57,711 in 2020 to 177,762 in 2024.3 Most of these were not for CBD-only products. See the Special Access Scheme and the Authorised Prescriber scheme.

How does the TGA classify products?

The TGA groups medicinal cannabis products into five categories by how much of the cannabinoid content is CBD.5

Category Name CBD share of total cannabinoids Schedule
1 CBD medicinal cannabis product 98% or more 4
2 CBD-dominant 60% to under 98% 8
3 Balanced 40% to under 60% 8
4 THC or other cannabinoid dominant 2% to under 40% 8
5 THC or other cannabinoid under 2% 8

The TGA describes Categories 2 to 5 as Schedule 8.4 Only Category 1 is CBD-only in the legal sense. A Category 2 “CBD-dominant” oil is a Schedule 8 controlled drug and may contain meaningful THC. The TGA also notes the categories “were not intended to differentiate products based on their relative psychoactivity or THC content”.3 See CBD scheduling explained.

What rules apply to unapproved products?

Quality. All medicinal cannabis supplied in Australia must meet a standard known as TGO 93, which covers cannabinoid content, pesticides, microbes and other contaminants.3 The TGA does not test every product. It uses risk-based surveillance testing.3 See quality standards.

Supply chain. Companies must keep unregistered medicinal cannabis under their “direct control” until it is supplied under one of the pathways. Wholesaling unregistered finished products is prohibited.6

Prescriber duties. Prescribers must obtain and record informed consent, tell patients the product is unapproved and may affect driving, and report adverse events (harmful reactions) to the TGA within 15 calendar days.7

Advertising. Advertising medicinal cannabis to the public is prohibited.8 See why clinics cannot advertise CBD.

Importing. Imports are controlled by a separate body, the Office of Drug Control, and need a licence and a permit.9 See importing CBD.

Who else regulates CBD?

  • Ahpra and the National Boards regulate the practitioners. In July 2025 they published guidance on medicinal cannabis prescribing, after finding that eight practitioners had each issued more than 10,000 scripts in six months.10 The guidance says medicinal cannabis is “never a first line treatment” and that prescribing needs a real-time consultation.2
  • State and territory health departments apply the schedules through their own medicines laws and may add prescribing requirements.11
  • The Pharmaceutical Benefits Advisory Committee decides which medicines are subsidised. See PBS, Medicare and health insurance.

What is the TGA review, and what might change?

From 11 August to 7 October 2025 the TGA ran a public consultation called “Reviewing the safety and regulatory oversight of unapproved medicinal cannabis products”.12 It received close to 800 submissions. TGA documents give the figure as 790 in one place and 786 in another.1314

The headline finding was that stakeholders agreed the current framework is “not fit-for-purpose and not proportionate to the potential safety and quality risks”.12 On CBD specifically, most stakeholders viewed it as “generally well tolerated” with a better safety profile than THC, while noting adverse events, drug interactions and a shortage of high-quality data.12

The TGA reported 1,101 adverse event cases for medicinal cannabis from 2016 to 31 July 2025, of which 24% were serious.3 It also told its scheduling committee in March 2026: “To date a safety signal has not been flagged for any unapproved medicinal cannabis product”.13

Ideas raised in the review include limits on THC concentration, plain packaging, child-resistant closures, restrictions on gummies and separate schedule entries for other cannabinoids. None has been adopted.13

The TGA has set out staged next steps. In the short term, public awareness. In the medium term, to “consider current scheduling arrangements, reviewing quality requirements”. In the long term, reform options for government to decide.14 Medicinal cannabis is also a named TGA compliance priority for 1 January 2026 to 31 December 2027.14

As of the latest TGA documents we could find (mid-2026), no reform has been decided.14 We could not confirm whether anything further was announced between July and November 2026.

Footnotes

  1. Therapeutic Goods Administration. Medicinal cannabis access pathways. https://www.tga.gov.au/products/unapproved-therapeutic-goods/medicinal-cannabis/access-pathways ↩ ↩2 ↩3 ↩4 ↩5

  2. Ahpra and National Boards. Medicinal cannabis prescribing guidance. https://www.ahpra.gov.au/Resources/Medicinal-cannabis-prescribing.aspx ↩ ↩2

  3. 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 ↩ ↩2 ↩3 ↩4 ↩5 ↩6 ↩7

  4. Therapeutic Goods Administration. Medicinal cannabis (unapproved therapeutic goods). https://www.tga.gov.au/products/unapproved-therapeutic-goods/medicinal-cannabis ↩ ↩2

  5. 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 ↩

  6. Therapeutic Goods Administration. Medicinal cannabis reforms: frequently asked questions. https://www.tga.gov.au/products/unapproved-therapeutic-goods/medicinal-cannabis/overview/medicinal-cannabis-manufacturing/medicinal-cannabis-reforms-frequently-asked-questions ↩

  7. Therapeutic Goods Administration. Do your patients know the risks of unapproved medicinal cannabis products? https://www.tga.gov.au/news/blog/do-your-patients-know-risks-unapproved-medicinal-cannabis-products ↩

  8. Therapeutic Goods Administration. Advertising guidance for businesses involved with medicinal cannabis products, December 2023. https://www.tga.gov.au/sites/default/files/2023-12/advertising-guidance-businesses-medicinal-cannabis-products.docx ↩

  9. Office of Drug Control. Importing medicinal cannabis. https://www.odc.gov.au/node/1379 ↩

  10. Ahpra. Medicinal cannabis guidance, news release, 9 July 2025. https://www.ahpra.gov.au/News/2025-07-09-Medicinal-cannabis-guidance.aspx ↩

  11. Therapeutic Goods Administration. Medicinal cannabis importation and the traveller’s exemption, updated 29 January 2025. https://www.tga.gov.au/resources/explore-topic/medicinal-cannabis-hub/medicinal-cannabis-information-patients/medicinal-cannabis-importation-and-travellers-exemption ↩

  12. Therapeutic Goods Administration. Consultation hub: reviewing the safety and regulatory oversight of unapproved medicinal cannabis products. https://consultations.tga.gov.au/medicines-regulation-division/test-soms/ ↩ ↩2 ↩3

  13. 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

  14. 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 ↩ ↩2 ↩3 ↩4

Common questions

Is CBD oil TGA approved?

One CBD medicine, Epidyolex, is registered by the TGA for seizures in two rare epilepsy syndromes. Almost all other prescribed CBD products are unapproved medicines. They are legal to prescribe, but the TGA has not assessed them for safety, quality or effectiveness.

What does unapproved mean?

It means the product is not on the Australian Register of Therapeutic Goods. It does not mean illegal. A prescriber can lawfully access an unapproved product for a patient through a TGA pathway, and the product must still meet a quality standard.

Can I apply to the TGA for CBD myself?

No. The TGA says access can only be arranged through an Australian registered health practitioner. The prescriber makes the application or holds the authority.

Does the TGA test CBD products?

Not every product. The TGA uses risk-based surveillance testing, which means it samples some products. Companies supplying the products are responsible for meeting the quality standard.

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.