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Why do websites sell CBD without a prescription in Australia?

CBD is prescription-only, yet websites sell it openly. Why that is unlawful, how the law is policed, what sellers claim and how to report a breach.

Facts checked 13 November 20268 min readHow we research

Websites that sell CBD without a prescription are, in almost all cases, breaking Australian law. CBD in real amounts is a Schedule 4 prescription-only medicine, and as of November 2026 no over-the-counter product has been approved.123 They keep operating partly because enforcement depends on regulators finding and prioritising each case, and the Therapeutic Goods Administration (TGA) says it cannot pursue every matter reported to it.4

Is selling CBD without a prescription illegal?

Yes, for products with real amounts of CBD. Three separate rules are involved.

  • Supply. Any product with more than 75 mg of CBD per kilogram is at least Schedule 4.1 The Office of Drug Control (ODC) says people importing CBD oils are “breaking State/Territory laws on supply and use of prescription medicines”.5 In New South Wales, cannabis products outside Schedules 3, 4 and 8 are prohibited drugs.6
  • No Schedule 3 shortcut. Low-dose CBD has been pharmacist-only in law since 2021, but only for products on the Australian Register of Therapeutic Goods (ARTG). The TGA says no complete application for such a product has been submitted.23 See over-the-counter CBD.
  • Advertising. The TGA says advertising medicinal cannabis to the public is prohibited, both because it is a prescription medicine and because most products are not on the ARTG.7

Who enforces the law?

There are two layers.

Layer Who What it covers
Federal TGA The Therapeutic Goods Act 1989: the national register, advertising and the quality standard
Federal ODC and Australian Border Force Import licences and permits, and manufacture licences
State and territory Health department medicines and poisons units Who may supply a scheduled medicine, and on what authority

The TGA explains that the Poisons Standard’s effect on “access to and supply of medicines” is “given legal effect through relevant State and Territory drugs, poisons and controlled substances legislation”.8 So the offence of selling a prescription medicine without a prescription sits mainly in state and territory law.

This matters for websites that drop health claims. Claims that a product treats cancer or epilepsy are extra breaches of the advertising rules.7 Removing them takes away only those breaches. The TGA’s guidance says even the acronym “CBD” or a product name can make content an advertisement, and a disclaimer does not fix it.7 And none of this touches the state supply offence, which turns on what is sold, not on what the website says.

How does enforcement work in practice?

The TGA describes its approach as education first, then enforcement prioritised by risk. It says: “Due to the volume of reports and complaints received we cannot pursue all matters that come to our attention.” It focuses on matters that “concern public safety, allege serious breaches” or “involve repeated or wilful non-compliance”.4

Its tools include warning letters, advertising direction notices, infringement notices (fines issued as an alternative to court), enforceable undertakings, injunctions, civil penalty proceedings in the Federal Court and criminal prosecution. It can also use powers under the Telecommunications Act 1997 to require internet providers to block websites that breach the Act.9

The scale gap is visible in the TGA’s own figures for all therapeutic goods. From July to December 2025 it received over 13,000 reports of alleged non-compliance, issued over 5,000 warning letters and over 75 infringement notices. Medicinal cannabis is one of its named compliance focus areas for 2026 and 2027.10

Published cases involving CBD sold to the public include:

  • December 2020. Four infringement notices totalling $10,656 to a Western Australian man who allegedly advertised CBD oils on websites and social media, including as a cancer treatment and a COVID-19 preventative.11
  • July 2021. Four infringement notices totalling $10,656 to a Sydney-based individual for alleged website advertising of CBD oil. The TGA said it had “on a number of occasions” raised concerns with the person first, and that it was following up people who had “previously received guidance or cease and desist letters”.12

Most larger actions have concerned advertising by clinics and media. In the two years to June 2024 the TGA issued 165 infringement notices worth more than $2.3 million for alleged unlawful advertising of medicinal cannabis.13 On 30 October 2026 it announced that the Federal Court had ordered one clinic company and its former director to pay $6.95 million.14 An infringement notice is an allegation, not a court finding. See CBD advertising rules.

We found no published figures on state or territory prosecutions for supplying CBD without a prescription.

Why do these sellers persist?

The sources above point to several reasons, though no regulator has published a full explanation for CBD specifically.

  • Triage. The TGA records every report but may investigate, keep it for intelligence, or defer it, depending on risk.4
  • Education first. The TGA’s framework starts with voluntary compliance. In one published CBD case it raised concerns several times before issuing fines.912
  • Overseas sellers. The ODC has said overseas companies were “illegally exporting” CBD to Australians. Its warning said such imports “will be seized at the border”.5
  • Split responsibility. Advertising, imports and supply sit with different agencies.8

What do sellers claim, and what does the law say?

Claim What the law says
“It’s hemp, so it’s legal” The ODC says all extracts of cannabis are drugs “regardless of specific cannabinoid levels”, that “hemp oil is the extract of cannabis”, and that extraction requires a manufacture licence under the Narcotic Drugs Act 1967. Only hemp seed oil with a trace of CBD is exempt.151
“Under 0.3% THC” That figure is the United States definition of hemp in its 2018 Farm Bill.16 Australia’s CBD entries set no such percentage.1
“Sold for its composition, not for therapeutic use” The Schedule 4 entry covers CBD “for therapeutic use”, but a product outside it is not thereby lawful. In New South Wales such cannabis products are prohibited drugs, and the TGA judges advertising by what “a reasonable consumer would understand”.167
“Australian grown” or “Australian company” Where a product is made does not change its schedule.1 Manufacturing a cannabis extract still needs an ODC licence.15
“TGA-compliant” or “third-party tested” The TGA quality standard, TGO 93, applies to lawfully supplied medicinal cannabis.3 Implying TGA approval in advertising is prohibited.7 The ODC has warned of a company falsely claiming the TGA had invited it to register its CBD products.5

Pet CBD sellers face a further rule. The pet medicines regulator, the APVMA, says pet products containing cannabinoids must be registered if they meet the definition of a veterinary chemical product, and that supplying unregistered ones carries penalties.17 See CBD for pets in Australia.

What are the risks to buyers?

  • The label may be wrong. In a 2024 study of 202 CBD products sold in the United States, 74% were at least 10% off their labelled CBD content.18 The TGA has warned that cannabis products bought online “may be unsafe, of poor quality or contain a different dose to what the label claims”.2 See is what is on the label in the bottle?
  • Undeclared THC. The TGA warns that products bought online may not be accurately labelled for THC, and that driving with THC can cost you your licence.2 See CBD and driving.
  • Seizure. Imports without permission “will be seized at the border”.5 See importing CBD.
  • Possession offences. The ODC says buyers who import are also breaking state and territory laws.5 In New South Wales, possessing prohibited cannabis products is illegal.6 Penalties differ between states. See buying CBD online.
  • No safety net. A product outside the prescription system has no prescriber monitoring it and has not been checked against the Australian standard.3

How do you report a suspected breach?

The TGA’s “Report a breach” page, on its website under Safety, Report a problem, has a form for “suspicious or illegal activity” and a separate portal for non-compliant advertising.19 The TGA says reports “are held in strict confidence and are also able to be sent in anonymously”, and that it does “not comment on matters under investigation”.4 Concerns about a health practitioner go to Ahpra, the health practitioner regulator.20

Supply without a prescription falls under state and territory law. The TGA publishes contact details for each state and territory’s medicines and poisons regulation unit.8

How is CBD lawfully supplied?

A pharmacist-only category for low-dose CBD has existed since 2021, but as of November 2026 no product has entered it.3 So every lawful CBD medicine in Australia is supplied on prescription and dispensed by a pharmacy. Whether CBD is appropriate for anyone is a clinical decision for a prescriber. See how the TGA regulates CBD, and the conditions section for what trials found.

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

  2. Therapeutic Goods Administration. TGA warns consumers about potential harm from unlawfully supplied medicinal cannabis, 3 May 2021. https://www.tga.gov.au/news/news-articles/tga-warns-consumers-about-potential-harm-unlawfully-supplied-medicinal-cannabis ↩ ↩2 ↩3 ↩4

  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

  4. Therapeutic Goods Administration. Compliance management and enforcement, updated 8 April 2026. https://www.tga.gov.au/safety/compliance-and-enforcement/compliance-management-enforcement ↩ ↩2 ↩3 ↩4

  5. Office of Drug Control. Consumer warning on CBD and hemp oil imports, 15 May 2018. https://www.odc.gov.au/node/1328 ↩ ↩2 ↩3 ↩4 ↩5

  6. NSW Health. Cannabis medicines: frequently asked questions. https://www.health.nsw.gov.au/pharmaceutical/cannabismedicines/Pages/faqs.aspx ↩ ↩2 ↩3

  7. 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 ↩ ↩2 ↩3 ↩4 ↩5

  8. Therapeutic Goods Administration. Contacts for state and territory medicines and poisons regulation units, updated 28 May 2025. https://www.tga.gov.au/products/regulations-all-products/ingredients-and-scheduling-medicines-and-chemicals/scheduling-national-classification-system/poisons-standard-and-scheduling-medicines-and-chemicals/contacts-stateterritory-medicines-poisons-regulation-units ↩ ↩2 ↩3

  9. Therapeutic Goods Administration. Compliance actions and outcomes, updated 3 July 2026. https://www.tga.gov.au/safety/compliance-and-enforcement/compliance-actions-and-outcomes ↩ ↩2

  10. 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 ↩

  11. Therapeutic Goods Administration. Man fined $10,656 for alleged unlawful advertising of cannabidiol including COVID-19 claims, media release, 17 December 2020. https://www.tga.gov.au/news/media-releases/man-fined-10656-alleged-unlawful-advertising-cannabidiol-including-covid-19-claims ↩

  12. Therapeutic Goods Administration. Sydney-based individual fined $10,656 for alleged unlawful advertising of medicinal cannabis, media release, 28 July 2021. https://www.tga.gov.au/news/media-releases/sydney-based-individual-fined-10656-alleged-unlawful-advertising-medicinal-cannabis ↩ ↩2

  13. Therapeutic Goods Administration. More than $600,000 in fines issued for alleged unlawful medicinal cannabis advertising, media release, 26 June 2024. https://www.tga.gov.au/news/media-releases/more-600000-fines-issued-alleged-unlawful-medicinal-cannabis-advertising ↩

  14. Therapeutic Goods Administration. Court orders clinic company and its former director to pay $6.95 million for unlawful advertising of medicinal cannabis, media release, 30 October 2026. https://www.tga.gov.au/news/media-releases/court-orders-cda-clinics-qld-and-its-former-director-pay-695-million-unlawful-advertising-medicinal-cannabis ↩

  15. Office of Drug Control. Hemp products: importing hemp products into Australia. https://www.odc.gov.au/node/1372 ↩ ↩2

  16. United States Food and Drug Administration. FDA regulation of cannabis and cannabis-derived products, including cannabidiol (CBD). https://www.fda.gov/news-events/public-health-focus/fda-regulation-cannabis-and-cannabis-derived-products-including-cannabidiol-cbd ↩

  17. Australian Pesticides and Veterinary Medicines Authority. Cannabis in veterinary chemical products (archived copy, November 2025). https://web.archive.org/web/20251121133357/https://www.apvma.gov.au/resources/frequently-searched-chemicals/cannabis-veterinary-chemical-products ↩

  18. Gidal BE, et al. Product labeling accuracy and contamination analysis of commercially available cannabidiol product samples. Frontiers in Pharmacology, 2024. https://pmc.ncbi.nlm.nih.gov/articles/PMC10982813/ ↩

  19. Therapeutic Goods Administration. Report a breach. https://www.tga.gov.au/safety/report-problem/report-breach ↩

  20. Therapeutic Goods Administration. Reminder: supply and advertising controls on medicinal cannabis, 3 May 2021. https://www.tga.gov.au/news/news-articles/reminder-supply-and-advertising-controls-medicinal-cannabis ↩

Common questions

If CBD is prescription-only, why are websites still selling it?

Because the law is not self-enforcing. Regulators act on reports and their own monitoring, and the TGA says it cannot pursue every matter that comes to its attention. It focuses on public safety, serious breaches and repeated or wilful non-compliance. A website still operating is not evidence that it is lawful.

Is CBD legal in Australia if it is made from hemp?

No, not as a non-prescription product. The Office of Drug Control says all extracts of cannabis are drugs regardless of their cannabinoid levels, and that extracting the plant needs a manufacture licence. Only hemp seed oil with a trace of CBD is exempt.

Is CBD with less than 0.3% THC legal in Australia?

No. The 0.3% figure comes from United States hemp law. Australia's Poisons Standard sets no THC percentage that makes a CBD product legal to sell without a prescription.

How do I report a website selling CBD without a prescription?

The TGA has an online Report a breach page with a form for suspected illegal activity and a separate portal for non-compliant advertising. The TGA says reports are held in strict confidence and can be made anonymously. State and territory health departments run the medicines laws on supply.

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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