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CBD oil in the ACT: the law, prescribing rules and driving

The ACT lets adults possess and grow small amounts of cannabis, but that does not make CBD oil legal to buy. Cannabidiol is still prescription-only.

Facts checked 13 November 20265 min readHow we research

This page is about CBD oil (cannabidiol) in the Australian Capital Territory, not Canberra’s city centre. The ACT is the only place in Australia where adults can lawfully possess and grow small amounts of cannabis under local law. That law does not make CBD oil legal to buy without a prescription. CBD remains a prescription-only medicine in the ACT, and the Territory’s drug-driving law is zero tolerance.

What is different in the ACT

  • A personal-use cannabis law, in force since 31 January 2020.1
  • No industrial hemp scheme. The ACT repealed its hemp Act in 2025.2
  • A live debate on a driving defence, with a bill before the Assembly and a committee report against it (as of November 2026).34

What the ACT’s personal-use law does and does not do

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:56

  • possess up to 50 g of dried cannabis, or up to 150 g of fresh cannabis
  • grow up to two cannabis plants at home, with a maximum of four plants per household.

The higher fresh limit exists because cannabis weighs more before it dries.5

What it does not do:

  • It does not set up any legal sale. The amendment deals with possession and home growing. Growing hydroponically or under artificial light is still an offence.5 The ACT Government’s cannabis page adds that cannabis remains illegal for under-18s, must be stored out of reach of children, and cannot be smoked near children.7
  • It does not change national medicines law. Scheduling of medicines is set by the national Poisons Standard.8
  • It does not change the driving law. The ACT Government says so directly (see below).9

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 bottle of CBD oil is a medicine regulated under the national Poisons Standard, and a business selling it without a prescription is outside that system in Canberra just as it is in Sydney or Perth. See cannabis legalisation in Australia.

Yes, on prescription. The national Poisons Standard places cannabidiol in Schedule 4 (prescription only) where CBD is 98% or more of the cannabinoids in the product.8 No pharmacist-only (Schedule 3) CBD product has been registered in Australia, so nothing can be bought over the counter.10 Products with more than 2% other cannabinoids, including most full-spectrum oils, are Schedule 8 controlled drugs.8

How prescribing works in the ACT

Prescribing is governed by the national system. A doctor or nurse practitioner prescribes, and for an unregistered product the prescriber needs approval or authorisation from the Therapeutic Goods Administration.11 See how the TGA regulates CBD.

We could not open an ACT Health page setting out whether the Territory requires its own approval for cannabis medicines, or which medicines its prescription monitoring system records. We do not want to guess. ACT Health’s Pharmaceutical Services section is the authority to ask.

Driving in the ACT

The law

The offence is in section 20 of the Road Transport (Alcohol and Drugs) Act 1977. It is a strict liability offence, with a maximum of 25 penalty units for a first offender and a minimum three-month disqualification.12

The ACT Government describes its position this way:9

  • “The ACT has a zero-tolerance approach to drug driving. It is an offence to drive with certain drugs (illicit or not) in your system regardless of whether you appear impaired. This includes some prescription medications.”
  • Changes to personal drug use laws, including the personal use of cannabis laws, “do not change the ACT Government’s zero-tolerance approach to drug driving”.
  • “Roadside drug testing is in operation for methamphetamine, cocaine, MDMA (also known as ecstasy) and cannabis products that contain delta-9-tetrahydrocannabinol (THC).”

A person can also be charged with driving under the influence without a positive roadside test. That offence covers impairment from legal and illegal drugs.9

CBD-only medicines

We could not find an official ACT statement that deals with CBD-only medicines and driving. The roadside test description above refers to cannabis products “that contain” THC. A Schedule 4 CBD medicine may lawfully contain up to 2% other cannabinoids, which can include a trace of THC.8 ACT Policing or Access Canberra can advise on the law.

The proposed defence

  • In March 2026, responding to a petition, the ACT Government said a change for medicinal cannabis patients “would only be pursued if it is supported by comprehensive evidence”.13
  • In June 2026 the ACT Greens introduced the Road Transport (Alcohol and Drugs) Amendment Bill 2026, which would add a defence for lawful use.3
  • On 11 November 2026 an Assembly committee reported, recommending that “the bill in its current form not be passed”.4

As of 13 November 2026 the bill has not been voted on and the law is unchanged. A prescription is not a defence.

The comparison with other states is in CBD and driving.

Hemp in the ACT

The ACT has no industrial hemp licensing scheme. Its Hemp Fibre Industry Facilitation Act 2004 was repealed on 27 May 2025, and no licence had ever been sought under it.2

Hemp seed foods are legal to sell in the ACT, as across Australia, and have been since 12 November 2017. They may contain no more than 75 mg/kg of CBD.14 See hemp foods in Australia and CBD oil vs hemp seed oil.

What we could not confirm for the ACT

  • Any ACT approval requirement for prescribing cannabis medicines.
  • Which medicines the ACT’s prescription monitoring system records.
  • Any official statement on driving while taking a CBD-only medicine.
  • An official statement that the personal-use law has no effect on CBD products (this is our reading of the law).

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. ACT Legislation Register. Hemp Fibre Industry Facilitation Act 2004 (repealed). https://www.legislation.act.gov.au/a/2004-48/ ↩ ↩2

  3. ACT Legislation Register. Road Transport (Alcohol and Drugs) Amendment Bill 2026, explanatory statement. https://www.legislation.act.gov.au/DownloadFile/es/db_74553/current/PDF/db_74553.PDF ↩ ↩2

  4. 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/ ↩ ↩2

  5. 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 ↩3

  6. ACT Policing. Drugs and the law. https://www.police.act.gov.au/node/335 ↩

  7. ACT Government. Cannabis, updated 13 August 2025. https://www.act.gov.au/cannabis ↩

  8. 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

  9. ACT Government, City Services. Drink and drug driving. https://www.cityservices.act.gov.au/roads-and-paths/road-safety/drink-and-drug-driving ↩ ↩2 ↩3

  10. 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 ↩

  11. Therapeutic Goods Administration. Medicinal cannabis: access pathways. https://www.tga.gov.au/products/unapproved-therapeutic-goods/medicinal-cannabis/access-pathways ↩

  12. ACT Legislation Register. Road Transport (Alcohol and Drugs) Act 1977. https://www.legislation.act.gov.au/a/1977-17/current/pdf/1977-17.pdf ↩

  13. ACT Legislative Assembly. Government response to petition E-PET-046-25, ACT drug driving law reform for medicinal cannabis patients. https://epetitions.parliament.act.gov.au/details/e-pet-046-25/attachment/government-response-e-pet-046-25-act-drug-driving-law-reform-for-medicinal-cannabis-patients.pdf ↩

  14. 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 ↩

Common questions

Is CBD oil legal in Canberra?

Yes, with a prescription. Cannabidiol is a Schedule 4 prescription-only medicine under the national Poisons Standard. The ACT's personal-use cannabis law covers possession and home growing of small amounts by adults. It does not set up any legal sale of cannabis or CBD products.

Does the ACT's cannabis law let me buy CBD without a prescription?

No. The ACT law removed penalties for adults possessing and growing small amounts of cannabis. It did not set up any lawful retail supply. CBD oil as a medicine is regulated by national law, which requires a prescription.

Can I drive in the ACT with prescribed THC in my system?

No. The ACT Government describes its approach as zero tolerance and says it is an offence to drive with certain drugs in your system regardless of whether you appear impaired, including some prescription medications. A bill to create a defence had not been passed as of 13 November 2026.

Can I drive on CBD oil in the ACT?

We could not find an official ACT statement about CBD-only medicines and driving. ACT roadside tests are described as detecting cannabis that contains THC. A CBD-only medicine can lawfully contain a trace of THC, and driving under the influence of any drug is a separate offence. Check with ACT Policing or Access Canberra.

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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