Are hemp foods legal in Australia?

Yes. Foods made from low-THC hemp seed have been legal since 12 November 2017. They must meet THC limits, cannot have CBD added and cannot make CBD claims.

Facts checked 13 November 20262 min readHow we research

Yes. Foods made from the seeds of low-THC hemp have been legal to sell in Australia since 12 November 2017, 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 Seeds sold at retail must be hulled and unable to grow.1 Common products include hulled seeds, hemp seed oil, hemp flour and hemp protein.3

What are the limits?

Food Maximum THC
Hemp seeds 5 mg/kg
Hemp seed oil 10 mg/kg
Beverages made from hemp seed 0.2 mg/kg
Other hemp seed products 5 mg/kg

Source: Standard 1.4.4.1 A separate rule covers CBD: “Cannabidiol must not be present in any food for sale at a level greater than 75 mg/kg.” CBD cannot be added to food.1

These limits come from the version of the Food Standards Code in force on 12 November 2017, and we could not confirm whether it has been amended since. The 75 mg/kg CBD and 10 mg/kg THC figures for hemp seed oil match the current Poisons Standard.4

What can a label say?

A hemp food label must not suggest a psychoactive effect, make a health claim about CBD, show any part of the plant other than the seed, or use the words “cannabis” or “marijuana”. “Hemp” is allowed.1

Do products follow the rules?

Food Standards Australia New Zealand tested hemp foods collected in 2019 and 2021. It found 96% met the THC limits and 100% met the CBD limit, but 65% broke the labelling rules.3

Will hemp food get you high or give you CBD?

The limits are set to prevent both. A kilogram of hemp seeds holds at most 5 mg of THC, and a kilogram of any hemp food at most 75 mg of CBD.1

Can hemp foods make you fail a drug test?

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. See will CBD show up on a drug test? for how tests work.

Are CBD foods and gummies allowed?

No. Foods with added CBD are not lawful in Australia. Some prescribed cannabis medicines are made as gummies, but those are medicines dispensed by a pharmacy.14 See are CBD drinks legal? and are CBD gummies legal?

Read the full guide: hemp foods in Australia.

Footnotes

  1. 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

  2. Office of Drug Control. Information on hemp products, hemp oil and hemp seed oil. https://www.odc.gov.au/node/1372 ↩

  3. 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

  4. Australian Government. Therapeutic Goods (Poisons Standard, October 2026) Instrument 2026. https://www.legislation.gov.au/F2026L01327/asmade/2026-09-30/text/original/pdf ↩ ↩2

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.