CBD oil in the Northern Territory: the law, prescribing rules and driving

CBD (cannabidiol) is prescription-only in the NT, with no extra Territory prescribing rules. THC when driving is an offence with no medical defence.

Facts checked 13 November 20266 min readHow we research

This page is about CBD oil (cannabidiol) in the Northern Territory, not the Darwin city centre. CBD is a prescription-only medicine in the NT under national law, and the Territory adds no prescribing rules of its own for cannabis medicines. On the road, driving with THC in your body is an offence, and the Traffic Act’s defence for medically prescribed drugs does not cover THC.

Reliable NT-specific information is thin. Everything below comes from the NT legislation website or NT Government pages that we read ourselves, and we say where we could not confirm something.

What is different in the Northern Territory

  • No Territory-specific regulation of medicinal cannabis prescribing.1
  • A medical-treatment defence exists in the Traffic Act, but THC is excluded from it.23
  • A hemp industry licensed since 2020. The Hemp Industry Act 2019 commenced on 6 May 2020.4

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.5 No pharmacist-only (Schedule 3) CBD product has been registered in Australia, so nothing can be bought over the counter.6 Products with more than 2% other cannabinoids, including most full-spectrum oils, are Schedule 8 controlled drugs.5

NT Health describes the position simply: “Medical cannabis pharmaceuticals are prescription medicines, so access for each patient starts with assessment by a medical practitioner.”1

A product sold as “CBD oil” without a prescription, in a shop or online, is outside that system. See buying CBD online and Is CBD legal in Australia?

How prescribing works in the NT

“The Northern Territory does not apply any specific regulation to the prescribing and supply of medicinal cannabis pharmaceuticals.”1

What still applies:1

  • Federal approval. A doctor “must obtain approval from the Therapeutic Goods Administration under the Special Access or Authorised Prescriber Schemes (or for a Clinical Trial)” before prescribing a product that is not on the national register.
  • Schedule 8 rules. Products classified as Schedule 8 because of their THC content “have extra requirements in the NT including reporting to the monitored medicines database, prescription contents and supply and storage requirements”.
  • Referral. A GP may refer a patient to a specialist for advice before deciding whether to prescribe.

The monitored medicines requirement is described for Schedule 8 medicines. NT Health’s page does not say that CBD-only Schedule 4 medicines are reported to the database, and we did not confirm it either way.

We read the NT Health page from a copy captured on 26 November 2025, because the live page could not be opened. NT Health’s Medicines and Poisons Control unit can confirm the current position.

Driving in the NT

The following is taken from the Traffic Act 1987 (version as in force at 10 February 2026) and the Traffic Regulations 1999 (version as in force at 28 May 2026). These were the versions published on the NT legislation website when we checked in November 2026.

The offence

Under section 28(1) of the Traffic Act, a person commits an offence if they drive a motor vehicle “while there is in the person’s body a prohibited drug”.2 It does not depend on impairment.

The Regulations divide prohibited drugs into two lists:3

  • Part A (strictly prohibited): delta-9-tetrahydrocannabinol (THC), methylamphetamine, MDMA, MDA, and markers for heroin and cocaine.
  • Part B: morphine, methadone and amphetamine.

Why a prescription is not a defence for THC

Section 29 of the Act gives a defence where a driver was “under treatment by a medical practitioner” and took the drug in accordance with the practitioner’s directions. But that defence is available only where testing shows a Part B drug and “gives no indication” of any Part A drug.2 THC is in Part A.3 So, on the legislation as published, a prescription for a THC-containing cannabis medicine is not a defence to the presence offence.

Penalties

  • First offence: a maximum of 5 penalty units or three months in prison.2
  • Second or later offence: a maximum of 7.5 penalty units or six months in prison, with automatic licence cancellation and disqualification for at least three months (second offence) or six months (later offences).2
  • The infringement notice penalty listed for driving with a prohibited drug in the body is $400.3

Roadside testing

The NT Government says random roadside saliva testing identifies recent use of THC, methylamphetamine and MDMA. A positive first test is followed by a second saliva test at the roadside.7 It also states: “It is illegal to drive while under the influence of drugs, including some over the counter and prescription medicines.”7 We read this page from a copy captured on 15 April 2026.

CBD-only medicines

Cannabidiol does not appear on either list of prohibited drugs in the Traffic Regulations. The only cannabinoid listed is THC.3

That is a statement about what the Regulations list. It is not an official assurance that a person taking a CBD-only medicine may drive. We could not find any NT Government statement on that question. Two cautions apply. A Schedule 4 CBD medicine may lawfully contain up to 2% other cannabinoids, which can include a trace of THC.5 And driving under the influence of any drug is a separate offence under the Act.2

A reported 2026 change we could not confirm

A third-party reform tracker reports that a Traffic Legislation Amendment (Drink and Drug Driving and Hooning) Bill 2026 passed the NT Legislative Assembly on 13 October 2026, with no provisions about medicinal cannabis.8 We could not confirm this on the NT legislation website, where the published Traffic Act was still the version dated 10 February 2026. If the bill has passed and commenced, the penalties above may have changed. Check the NT Government’s drug driving penalties page before relying on them.

The comparison with other states is in CBD and driving.

Hemp in the NT

Industrial hemp is grown under licence under the Hemp Industry Act 2019, which commenced on 6 May 2020. The THC limit for the crop is 1%.4

Hemp seed foods have been legal to sell across Australia since 12 November 2017 and may contain no more than 75 mg/kg of CBD.9 They are a food, not a CBD product. See industrial hemp in Australia and CBD oil vs hemp seed oil.

What we could not confirm for the Northern Territory

  • Whether the 2026 amending bill passed, and whether it changed drug-driving penalties.
  • The current dollar value of an NT penalty unit.
  • Any official statement on driving while taking a CBD-only medicine.
  • Whether CBD-only Schedule 4 medicines are recorded in the NT’s monitored medicines database.
  • The live wording of the NT Health and NT Government pages as of November 2026 (we read copies from November 2025 and April 2026).

Footnotes

  1. NT Health. Therapeutic medicines containing cannabinoids (medicinal cannabis). Read from a copy captured 26 November 2025. https://health.nt.gov.au/professionals/medicines-and-poisons-control2/therapeutic-medicines-containing-cannabinoids-medicinal-cannabis ↩ ↩2 ↩3 ↩4

  2. Northern Territory Legislation. Traffic Act 1987, ss 19A, 28, 29 and 29AAA (as in force at 10 February 2026). https://legislation.nt.gov.au/en/Legislation/TRAFFIC-ACT-1987 ↩ ↩2 ↩3 ↩4 ↩5 ↩6

  3. Northern Territory Legislation. Traffic Regulations 1999, reg 55A, Schedule 1 and Schedule 1A (as in force at 28 May 2026). https://legislation.nt.gov.au/en/Legislation/TRAFFIC-REGULATIONS-1999 ↩ ↩2 ↩3 ↩4 ↩5

  4. Northern Territory Legislation. Hemp Industry Act 2019. https://legislation.nt.gov.au/en/Legislation/HEMP-INDUSTRY-ACT-2019 ↩ ↩2

  5. 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

  6. 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 ↩

  7. Northern Territory Government. Alcohol, drugs and driving. Read from a copy captured 15 April 2026. https://nt.gov.au/driving/safety/alcohol-drugs-and-driving ↩ ↩2

  8. Third-party reform tracker, not verified against a primary source. https://www.canidrive.com.au/reform-tracker/ ↩

  9. 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 the NT?

Yes, with a prescription. Cannabidiol is a Schedule 4 prescription-only medicine under the national Poisons Standard. NT Health describes medicinal cannabis products as prescription medicines, with access starting from an assessment by a medical practitioner.

Do NT doctors need Territory approval to prescribe CBD?

NT Health says the Northern Territory does not apply any specific regulation to the prescribing and supply of medicinal cannabis. A doctor still needs approval from the Therapeutic Goods Administration for a product that is not on the national register. Schedule 8 products, which contain THC, carry the extra NT requirements that apply to all Schedule 8 medicines.

Is a prescription a defence to drug driving in the NT?

Not for THC. The NT Traffic Act has a defence for some drugs taken under medical treatment, but THC is listed among the drugs to which that defence does not apply. This is based on the Act and Regulations as published on the NT legislation website in November 2026.

Can I drive on CBD oil in the NT?

We could not find an official NT statement about CBD-only medicines and driving. Cannabidiol is not on the list of prohibited drugs in the Traffic Regulations, but THC is, and a CBD-only medicine can lawfully contain a trace of THC. Driving under the influence of any drug is a separate offence. Check with the NT Government.

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.