Hemp seed foods are legal in Australia. Since 12 November 2017, foods made from the seeds of low-THC hemp can be sold, as long as they meet strict limits on THC and CBD.1 They are foods, not medicines, and they are not a source of CBD.
Which hemp foods are allowed?
Only the seed, and products made from it. The Office of Drug Control states: “Only the seeds of the hemp plant can be used for human consumption - extracts from the remainder of the plant are considered a drug.”2
Under Standard 1.4.4 of the Australia New Zealand Food Standards Code, hemp seeds sold at retail must be hulled (the outer shell removed) and non-viable (unable to grow into a plant).1 Common products include hulled seeds, hemp seed oil, hemp flour and hemp protein.3
What are the THC and CBD limits?
THC is the compound in cannabis that causes a high. The Code sets a maximum THC level for each type of hemp seed food.1
| Food | Maximum THC |
|---|---|
| Hemp seeds | 5 mg/kg |
| Hemp seed oil | 10 mg/kg |
| Beverages made from hemp seed | 0.2 mg/kg |
| Other products made from hemp seed | 5 mg/kg |
There is a separate rule for CBD: “Cannabidiol must not be present in any food for sale at a level greater than 75 mg/kg.”1 Only cannabinoids that occur naturally in the seed are allowed. CBD cannot be added to a food.1
The limits above come from the version of the Code in force on 12 November 2017. We could not confirm whether Standard 1.4.4 has been amended since. The 75 mg/kg CBD and 10 mg/kg THC figures for hemp seed oil do match the Poisons Standard that commenced on 1 October 2026.4
What can a hemp food label say?
Hemp food labels are tightly restricted. A label or advertisement must not:
- suggest the food has a psychoactive effect
- make a nutrition content claim or a health claim about CBD
- show any part of the plant other than the seed, which rules out the familiar leaf
- use “the words ‘cannabis’, ‘marijuana’ or words of similar meaning”.1
The word “hemp” is allowed.1
Do products on the shelf follow the rules?
Mostly on content, less so on labels. Food Standards Australia New Zealand (FSANZ) tested hemp food products collected in 2019 and 2021 for total THC and total CBD. It found:
- 96 per cent of products complied with the THC limits
- 100 per cent complied with the CBD limit
- 65 per cent did not comply with the labelling rules.3
FSANZ concluded that low-THC hemp foods on the market “do not contain high levels” of THC, and that manufacturers are responsible for meeting every part of the Code, labelling included.3
Can food or drinks contain CBD?
No. A product sold as a food cannot have CBD added and cannot contain more than 75 mg/kg from natural sources.1 This is why CBD drinks, CBD chocolate and CBD gummies of the kind sold as snacks overseas are not lawful foods in Australia.
Anything with more than 75 mg/kg of CBD moves out of food law and into the medicine schedules. CBD is a prescription medicine here.4 Some prescribed cannabis medicines are made as gummies or pastilles, and these are medicines supplied by a pharmacy, not foods. See CBD gummies in Australia.
Importing is not a way around this. The Australian Border Force warned in 2021 of “a marked increase” in interceptions of “hemp or CBD gummies, oils and skin care products”, and said such items would be seized and that importers may face prosecution.5 See importing CBD from overseas.
Will hemp food get you high or give you CBD’s effects?
The limits are set to prevent both. At 5 mg/kg, a kilogram of hemp seeds holds at most 5 mg of THC. At 75 mg/kg, a kilogram of any hemp food holds at most 75 mg of CBD.1 An Australian review of oral CBD doses up to 400 mg a day found benefits more clearly evident only at 300 mg a day or more.6
We did not find a study we could cite on whether eating compliant hemp foods can cause a positive drug test, so we make no claim either way. People who are drug tested for work or sport can read will CBD show up on a drug test? for how the tests work.
Is hemp seed oil the same as “hemp oil”?
Not necessarily. Hemp seed oil is the pressed seed oil allowed as food. “Hemp oil” is sometimes used for a plant extract that contains CBD and THC above the legal thresholds, which is treated as a drug.2 The difference is explained in CBD oil vs hemp seed oil.
Who grows the hemp?
Hemp for food and fibre is grown under state and territory licences, with a limit on how much THC the crop can contain. See industrial hemp in Australia.
Footnotes
-
Australia New Zealand Food Standards Code, Standard 1.4.4, Prohibited and restricted plants and fungi (compilation in force 12 November 2017). https://www.legislation.gov.au/F2015L00416/2017-11-12/2017-11-12/text/original/epub/OEBPS/document_1/document_1.html ↩ ↩2 ↩3 ↩4 ↩5 ↩6 ↩7 ↩8 ↩9
-
Office of Drug Control. Information on hemp products, hemp oil and hemp seed oil. https://www.odc.gov.au/node/1372 ↩ ↩2
-
Food Standards Australia New Zealand. Survey of low-THC hemp seed foods. https://www.foodstandards.gov.au/science-data/monitoring-safety/survey-of-low-THC-hemp-seed-foods ↩ ↩2 ↩3
-
Australian Government. Therapeutic Goods (Poisons Standard, October 2026) Instrument 2026. https://www.legislation.gov.au/F2026L01327/asmade/2026-09-30/text/original/pdf ↩ ↩2
-
Australian Border Force media release, 5 July 2021, as republished by Mirage News. https://www.miragenews.com/increase-in-seizures-prompts-warning-to-590129/ ↩
-
Arnold JC, McCartney D, Suraev A, McGregor IS. The safety and efficacy of low oral doses of cannabidiol. Clinical and Translational Science, 2023. https://pubmed.ncbi.nlm.nih.gov/36259271/ ↩
Common questions
Are hemp foods legal in Australia?
Yes. Low-THC hemp seed foods became legal to sell on 12 November 2017 under Standard 1.4.4 of the Food Standards Code. Only the seeds and products made from them are allowed, and they must meet set limits for THC and CBD.
How much CBD is allowed in hemp food?
No food for sale may contain more than 75 mg of CBD per kilogram. Only cannabinoids naturally present in the seed are allowed, so CBD cannot be added to a food or drink.
Do hemp gummies contain CBD?
A lawful hemp seed food cannot contain more than a trace of CBD and cannot make claims about CBD. A gummy sold in Australia as a food with added CBD would not comply with the Food Standards Code. Gummies that contain CBD as a medicine need a prescription.
Are CBD drinks legal in Australia?
Not as foods. The Food Standards Code allows only cannabinoids naturally present in hemp seed, caps CBD at 75 mg per kilogram in any food and caps THC in hemp seed drinks at 0.2 mg per kilogram. A drink with CBD added does not fit those rules.
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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