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

This page is about CBD oil (cannabidiol) in Queensland, not the Brisbane city centre. CBD is a prescription-only medicine in Queensland, as everywhere in Australia. Two things stand out locally. Prescribers need no state approval. And for drivers, zero tolerance for THC has been reaffirmed, with penalties rising on 1 December 2026.

What is different in Queensland

• No state approval to prescribe either CBD-only (Schedule 4) or THC-containing (Schedule 8) cannabis medicines.¹
• Prescribers must check QScript, the state’s prescription monitoring system, before prescribing Schedule 8 medicinal cannabis.¹
• Higher drug-driving penalties from 1 December 2026, with no carve-out for prescribed patients.²³

Is CBD oil legal in Queensland?

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.⁴ A pharmacist-only Schedule 3 entry exists for low-dose CBD, but no product has been registered under it, so nothing can be bought over the counter.⁵

Products with more than 2% other cannabinoids, which includes most full-spectrum oils, are Schedule 8 controlled drugs.⁴

Any product with more than a trace of CBD is at least a prescription medicine, so a business selling “CBD oil” without a prescription is not supplying it lawfully, wherever in the state it is based.⁴ The only non-prescription product is hemp seed oil, which contains almost no CBD. See buying CBD online and CBD oil vs hemp seed oil.

How prescribing works in Queensland

Queensland Health says the decision rests with the prescriber: a medical practitioner or nurse practitioner may prescribe medicinal cannabis only “if they believe it is clinically appropriate and, for unapproved medicinal cannabis products, they have obtained the required TGA approval”. Queensland does not set its own list of conditions.¹

And: “There is no requirement for a Queensland approval to prescribe S8 or S4 medicinal cannabis.”¹

“TGA approval” means approval or authorisation from the Therapeutic Goods Administration, the national regulator, under the Special Access Scheme or the Authorised Prescriber scheme.⁶ The two registered medicines, Epidyolex and Sativex, can be prescribed without it.¹ See how the TGA regulates CBD and who can prescribe CBD for the national rules.

We read the Queensland Health page from a copy captured in November 2025 (the page was last updated 10 July 2025), because the live page could not be opened.

QScript and Schedule 8 rules

QScript is Queensland’s real-time prescription monitoring system. Queensland Health requires prescribers to check it before prescribing a “monitored medicine, including S8 medicinal cannabis”, and to follow the state’s monitored medicines standard.¹

That wording covers Schedule 8 products, the group that contains THC. We did not find a statement that CBD-only Schedule 4 medicines are monitored in QScript.

A law-firm summary (as at February 2025) adds that Queensland scripts for medicinal cannabis must be for one product per prescription, and that a pharmacist cannot substitute a different brand.⁷

Driving in Queensland

The law

Driving with a relevant drug present in saliva or blood is an offence under section 79(2AA) of the Transport Operations (Road Use Management) Act 1995. It does not depend on impairment.

A ministerial answer to Parliament in 2020 set out both halves of the position:⁸

• “It is an offence in Queensland for a person to drive with any amount of THC in their system, whether it was prescribed or taken illegally.”
• “Patients taking cannabidiol-only (CBD) medicinal cannabis can lawfully drive, as long as they are not impaired.”

The second statement applies to CBD-only products. A Schedule 4 CBD medicine may still contain up to 2% other cannabinoids, which can include a trace of THC, and “CBD-dominant” Schedule 8 oils contain more.⁴

Zero tolerance reaffirmed

Queensland’s Drug Driving Review “concluded that no changes should be made to current zero tolerance drug driving laws”. The government supports all of its recommendations.²

Penalties from 1 December 2026

The Transport and Other Legislation Amendment Act 2026 passed on 17 September 2026. From 1 December 2026 the presence offence carries:³⁹

• a mandatory minimum fine of 7.5 penalty units
• a maximum of 28 penalty units or three months in prison.

Motoring press reported the dollar equivalents as about $1,295 minimum and $4,836 maximum, with a minimum two-month disqualification for a first offence.¹⁰ We have not confirmed those dollar figures against a government source.

As of 13 November 2026 these penalties have passed into law but are not yet in force. The earlier penalties apply to offences before 1 December 2026.

The comparison with other states is in CBD and driving.

Hemp in Queensland

Industrial hemp is grown under licence in Queensland under Part 5B of the Drugs Misuse Act 1986. The THC limit for the crop is 1%, and seed for planting must come from plants at 0.5% or less.¹¹

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.¹² They are a food, not a CBD product. See industrial hemp in Australia and hemp foods.

What we could not confirm for Queensland

• The live wording of Queensland Health’s prescribing page as of November 2026 (we read a copy from November 2025).
• Whether QScript records CBD-only Schedule 4 medicines.
• Official dollar values for the new penalties.
• An official Queensland statement on CBD-only driving more recent than the 2020 ministerial answer.

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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