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Is CBD oil legal in the ACT?

Only on prescription. The ACT's personal-use cannabis law allows possession and home growing, but it creates no legal shop and does not change medicines law.

Facts checked 13 November 20262 min readHow we research

CBD oil is legal in the ACT only on prescription, the same as in the rest of Australia. The ACT’s personal-use cannabis law lets adults possess and grow small amounts of cannabis, but it does not set up any legal sale and does not change national medicines law.12

What does the ACT cannabis law allow?

The Drugs of Dependence (Personal Cannabis Use) Amendment Act 2019 commenced on 31 January 2020.1 Under it, an adult aged 18 or over in the ACT may possess up to 50 g of dried cannabis (150 g fresh) and grow up to two plants, with a maximum of four plants per household.3

It does not:

  • set up any legal sale. The law deals with possession and home growing only.3
  • change medicines law. CBD is scheduled by the national Poisons Standard, which places it in Schedule 4 (prescription only) where CBD is 98% or more of the cannabinoids.2
  • change the driving law (see below).4

Our reading, which no official statement we found puts in these words, is that the ACT law has no effect on how CBD oil is supplied. A business selling CBD oil without a prescription is outside the law in Canberra just as it is in Sydney or Perth.

Can you buy CBD over the counter in Canberra?

No. No pharmacist-only (Schedule 3) CBD product has been registered in Australia, so nothing can be sold without a prescription.5 Products with more than 2% other cannabinoids, including most full-spectrum oils, are Schedule 8 controlled drugs.2

What about driving in the ACT?

The ACT Government says it “has a zero-tolerance approach to drug driving”, and that its personal-use cannabis laws “do not change” that approach. Roadside tests look for cannabis products “that contain” THC.4 A bill to add a defence for lawful medicinal use was introduced in June 2026. On 11 November 2026 an Assembly committee recommended that “the bill in its current form not be passed”.6 As of November 2026 the law is unchanged.

We found no official ACT statement on driving while taking a CBD-only medicine. A lawful CBD medicine can contain a trace of THC.2 See can you drive on CBD oil?

Read the full guide: CBD oil in the ACT.

Footnotes

  1. ACT Legislation Register. Drugs of Dependence (Personal Cannabis Use) Amendment Act 2019. https://www.legislation.act.gov.au/a/2019-34/ ↩ ↩2

  2. 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

  3. ACT Legislation Register. Drugs of Dependence (Personal Cannabis Use) Amendment Bill 2018, revised explanatory statement, September 2019. https://legislation.act.gov.au/DownloadFile/es/db_59297/20190925-72284/PDF/db_59297.PDF ↩ ↩2

  4. ACT Government, City Services. Drink and drug driving. https://www.cityservices.act.gov.au/roads-and-paths/road-safety/drink-and-drug-driving ↩ ↩2

  5. 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 ↩

  6. Region Canberra. Report advises against roadside test carve-out for Canberra’s medicinal cannabis users, for now, November 2026. https://region.com.au/report-advises-against-roadside-test-carve-out-for-canberras-medicinal-cannabis-users-for-now/1014429/ ↩

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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