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Importing CBD from overseas

Ordering CBD from an overseas website is a prohibited import in Australia. What the law says, what the penalties are, and the narrow exemption for travellers.

Facts checked 13 November 20266 min readHow we research

Ordering CBD from an overseas website is illegal in Australia. Cannabinoids are prohibited imports unless the importer holds both a licence and a permit, and the scheme that lets people import some medicines for personal use does not cover cannabis products.12 The only exception is for travellers carrying their own prescribed medicine.2

What does the law say?

Regulation 5 of the Customs (Prohibited Imports) Regulations 1956 prohibits importing a “drug” unless the importer holds both a licence and a permission. The list of drugs includes “Cannabinoids”, “Cannabis, including extracts and tinctures of cannabis”, “Cannabis resin” and “Tetrahydrocannabinols”.1

CBD is a cannabinoid, so it is caught whether or not the product contains any THC.

The Office of Drug Control (ODC), which issues the licences and permits, says a permit is needed for each shipment.3 A person ordering from a website has neither.

Does the Personal Importation Scheme cover CBD?

No. The personal importation scheme lets individuals import some unapproved medicines for their own use. The TGA says “cannabis and therapeutic goods containing cannabis are excluded from personal importation, other than through the traveller’s exemption … because they contain a substance the importation of which is prohibited under the Customs (Prohibited Imports) Regulations 1956.”2

An Australian prescription does not change this for a mail order. A prescribed product is supplied through the Australian system, dispensed by a pharmacy.

What have the authorities said about online orders?

  • Office of Drug Control, 15 May 2018: overseas companies were “illegally exporting” CBD and hemp products to Australians. “Imports … will be seized at the border”. The ODC added: “Individuals and businesses in Australia importing CBD/hemp oils are also breaking State/Territory laws on supply and use of prescription medicines.”4
  • Australian Border Force, 5 July 2021: after “a marked increase” in interceptions of “hemp or CBD gummies, oils and skin care products”, it warned that items “will be seized at the border and they may face prosecution”.5

Note that the Border Force list includes skin care products and gummies, not only oils.

What are the penalties?

Two sets of Commonwealth law can apply.

Law Offence Maximum penalty
Customs Act 1901, section 233(1)(b) Importing prohibited imports (strict liability) Up to 3 times the value of the goods or 1,000 penalty units, whichever is greater
Criminal Code, section 307.4 Importing a border controlled drug Up to 2 years’ imprisonment or 400 penalty units
Criminal Code, section 307.3 Importing a border controlled drug (with a defence where there was no intent to sell) Up to 10 years’ imprisonment or 2,000 penalty units

The Customs Act penalty is set out in that Act, and section 233 does not apply to “narcotic goods”.6 The Criminal Code offences are in Division 307.7 The Criminal Code Regulations list “Cannabinoids (other than a Cannabinoid of a kind that can be obtained from a plant that is not a Cannabis plant)” as a border controlled drug.8

A Commonwealth penalty unit is $364 for conduct on or after 1 July 2026.9

These are maximums written into the law. We could not confirm which of these regimes is applied in practice to a small personal CBD order, or how often such cases are prosecuted and not just seized. We also found no official seizure statistics specific to CBD.

State and territory medicines laws can apply as well, as the ODC statement above makes clear.4

No. Australian import law applies to what crosses the Australian border. A product sold openly in another country, or described as hemp-derived or THC-free, is still a cannabinoid product under the customs regulations.1

Can hemp seed oil be imported?

Hemp seed oil is treated differently from CBD oil, but there is a trap. The ODC notes that the customs import approval for hemp seed oil allows up to 50 mg/kg of THC, while the Poisons Standard and the Food Standards Code allow only 10 mg/kg.1011 A product can clear the border and still breach poisons or food law.

The ODC also warns that hemp oil, an extract of the plant, “is not to be confused with” hemp seed oil, and that extracts from parts of the plant other than the seed “are considered a drug”.10 See CBD oil vs hemp seed oil.

What is the traveller’s exemption?

It is the one way an individual can lawfully bring CBD or another cannabis medicine into Australia. Regulation 5(2)(b) exempts a drug carried by “a passenger on board a ship or aircraft” if it is required for the medical treatment of the passenger (or a passenger in their care), was prescribed by a medical practitioner, and was supplied in accordance with that prescription.1

For cannabis medicines, the TGA sets these conditions:2

  • No more than 3 months’ supply.
  • An actual prescription from a medical practitioner. The TGA calls this “a higher standard of documentary evidence than the ‘written authority’” accepted for other medicines.
  • The product must have been dispensed under that prescription “by dispensing through a pharmacist, rather than supply through some other form of retail”.

That last condition matters. CBD bought from a shop or website overseas was not dispensed by a pharmacist against a prescription, so it does not qualify, even if the traveller has a doctor’s letter.2

General rules for travellers also apply: keep the medicine in its original packaging with the dispensing label, carry the prescription, declare it to the Australian Border Force on arrival, and do not sell or supply it to anyone else.1213 State and territory possession rules apply after arrival and differ for Schedule 8 products.2

We read the TGA’s traveller pages from archived copies, because the live pages could not be opened. Check the current TGA pages before travelling. Full detail is on travelling with CBD.

Can someone else bring it in for me?

No. The exemption covers medicine for the treatment of the passenger carrying it, or of a passenger in their care.1 It does not cover a friend or relative bringing CBD into Australia for a person who is not travelling with them.

How is CBD lawfully supplied in Australia?

CBD prescribed by an Australian-registered prescriber and dispensed by an Australian pharmacy. Lawfully supplied products must meet the Australian quality standard, which imported retail products have not been checked against.14 See how legal access to CBD works and quality standards.

Footnotes

  1. Australian Government. Customs (Prohibited Imports) Regulations 1956, regulation 5 and Schedule 4. https://www.legislation.gov.au/F1996B03651/latest/text ↩ ↩2 ↩3 ↩4 ↩5

  2. 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 ↩ ↩2 ↩3 ↩4 ↩5 ↩6

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

  4. Office of Drug Control. Consumer warning on CBD and hemp oil imports, 15 May 2018. https://www.odc.gov.au/node/1328 ↩ ↩2

  5. Australian Border Force. Increase in seizures prompts warning, media release republished by Mirage News, 5 July 2021. https://www.miragenews.com/increase-in-seizures-prompts-warning-to-590129/ ↩

  6. Australian Government. Customs Act 1901, section 233. https://www.legislation.gov.au/C1901A00006/latest/text ↩

  7. Australian Government. Criminal Code Act 1995, Division 307. https://www.legislation.gov.au/C2004A04868/latest/text ↩

  8. Australian Government. Criminal Code Regulations 2019. https://www.legislation.gov.au/F2019L00561/latest/text ↩

  9. Australian Securities and Investments Commission. Fines and penalties (value of a Commonwealth penalty unit). https://asic.gov.au/about-asic/asic-investigations-and-enforcement/fines-and-penalties/ ↩

  10. Office of Drug Control. Hemp products. https://www.odc.gov.au/node/1372 ↩ ↩2

  11. Australian Government. Therapeutic Goods (Poisons Standard, October 2026) Instrument 2026. https://www.legislation.gov.au/F2026L01327/asmade/2026-09-30/text/original/pdf ↩

  12. Therapeutic Goods Administration. Entering Australia with medicines and medical devices. https://www.tga.gov.au/products/travelling-medicines-and-medical-devices/entering-australia ↩

  13. Office of Drug Control. Travellers information, updated 28 April 2026. https://www.odc.gov.au/node/1215 ↩

  14. 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 ↩

Common questions

Can I order CBD from overseas to Australia?

No. Cannabinoids are on the list of drugs that cannot be imported without a licence and a permit, and the personal importation scheme does not cover cannabis products. Border authorities say such parcels will be seized.

What happens if my CBD parcel is seized?

Border authorities say the person who ordered it may face prosecution. The maximum penalties in the law are set out on this page. We found no official figures on how often small personal orders are prosecuted, as opposed to only seized.

Does the Personal Importation Scheme cover CBD?

No. The TGA says cannabis and therapeutic goods containing cannabis are excluded from personal importation, other than through the traveller's exemption, because they contain a substance that is a prohibited import under customs law.

Can a friend bring CBD back from overseas for me?

No. The traveller's exemption covers medicine needed for the treatment of the passenger carrying it, or of a passenger in their care. It does not cover carrying medicine for someone who is not travelling.

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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