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Is CBD oil legal in Australia?

Yes, with a prescription. CBD is a prescription medicine in Australia, and no over-the-counter CBD product has been registered as of November 2026.

Facts checked 13 November 20262 min readHow we research

Yes, CBD oil is legal in Australia, but only with a prescription. CBD is classed as a prescription-only medicine, and as of November 2026 no CBD product can lawfully be bought over the counter.12

What does the law say?

The Poisons Standard sets the legal class of every medicine. It places CBD for therapeutic use in Schedule 4 (Prescription Only Medicine), as long as CBD makes up 98 per cent or more of the cannabinoids in the product.1

Products with more than 2 per cent other cannabinoids, which includes most “full-spectrum” oils, fall under the stricter cannabis and THC entries in Schedule 8 (Controlled Drug).1

Was CBD not made available over the counter?

On paper, yes. In December 2020 the Therapeutic Goods Administration (TGA) decided to allow low-dose CBD, up to 150 mg a day, to be sold by pharmacists without a prescription (Schedule 3).3 The catch is that the product must first be registered with the TGA. None has been.2 See can you buy CBD at a chemist?

  • Buying CBD without a prescription. Anything with more than 75 mg of CBD per kilogram is at least a Schedule 4 medicine.1
  • Ordering it from overseas. Cannabinoids are prohibited imports unless the importer holds a licence and a permit.4
  • Adding CBD to food. Food law caps CBD at a trace level and allows only what occurs naturally in hemp seed.5

The Office of Drug Control has warned that people importing CBD or hemp oils “are also breaking State/Territory laws on supply and use of prescription medicines”.6

Is it the same in every state?

The scheduling is national. Some states add their own requirements for prescribers, and driving laws differ.7 The ACT allows adults to possess and grow small amounts of cannabis, but selling it remains an offence, so that law does not create a legal way to buy CBD there.8

Could the law change?

Possibly. The TGA has said its reform options “may include a review of the current scheduling of cannabis, CBD and THC”. No decision has been made.9

Read the full guide: is CBD legal in Australia? and Schedule 3, 4 and 8 explained.

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

  2. Therapeutic Goods Administration. Consultation paper on 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. Therapeutic Goods Administration. Over-the-counter access to low dose cannabidiol, 15 December 2020. https://www.tga.gov.au/news/media-releases/over-counter-access-low-dose-cannabidiol ↩

  4. Customs (Prohibited Imports) Regulations 1956, regulation 5. https://www.legislation.gov.au/F1996B03651/latest/text ↩

  5. Australia New Zealand Food Standards Code, Standard 1.4.4 (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 ↩

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

  7. Therapeutic Goods Administration. Medicinal cannabis importation and the traveller’s exemption. https://www.tga.gov.au/resources/explore-topic/medicinal-cannabis-hub/medicinal-cannabis-information-patients/medicinal-cannabis-importation-and-travellers-exemption ↩

  8. ACT Government. Cannabis. https://www.act.gov.au/cannabis ↩

  9. Therapeutic Goods Administration. Document released under FOI 26-2886, 2026. https://www.tga.gov.au/sites/default/files/2026-06/FOI%2026-2886.PDF ↩

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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