CBD oil in South Australia: the law, prescribing rules and driving

CBD (cannabidiol) is prescription-only in SA and needs no state approval to prescribe. Driving with THC is an offence with no medical defence.

Facts checked 13 November 20265 min readHow we research

This page is about CBD oil (cannabidiol) in South Australia, not the Adelaide city centre. CBD is a prescription-only medicine in SA, as it is nationwide. SA Health states plainly that a CBD-only medicine needs no state approval to prescribe. On the road, SA has a THC presence offence with immediate licence consequences and no medical defence.

What is different in South Australia

  • Clear state guidance that CBD-only medicines need no SA authority.1
  • A two-month rule for Schedule 8 products, with exemptions for people aged 70 or over and notified palliative care patients.1
  • Police can issue an immediate loss of licence for drug driving.2
  • A committee has recommended a medical defence, but nothing has been legislated.3

Yes, on prescription. SA Health describes cannabidiol “in preparations for therapeutic use where cannabidiol comprises 98 per cent or more of the total cannabinoid content” as a Schedule 4 drug, and says: “Supply of Schedule 4 cannabidiol medicines requires a prescription from a medical practitioner, and Commonwealth approval or notification for unregistered products.”1

The scheduling comes from the national Poisons Standard.4 No pharmacist-only (Schedule 3) CBD product has been registered in Australia, so nothing can be bought over the counter.5 Products with more than 2% other cannabinoids, including most full-spectrum oils, are Schedule 8 controlled drugs.4

SA Health also states that importing medicinal cannabis products over the internet or by post “is not permitted other than through the traveller’s exemption process”.6 See importing CBD from overseas and buying CBD online.

How prescribing works in SA

CBD-only (Schedule 4) medicines

“Consistent with the requirements for Schedule 4 medicines in South Australia, there is no requirement for a medical practitioner to obtain State approval to prescribe a Schedule 4 cannabidiol (CBD) medicine.”1

The prescriber still needs Commonwealth approval or notification for an unregistered product, through the Therapeutic Goods Administration.17 The one registered CBD medicine, Epidyolex, does not need it.1 South Australia does not set its own list of conditions; SA Health says the decision rests on the prescriber’s clinical judgement within the Commonwealth rules.1

See how the TGA regulates CBD for the national rules.

Schedule 8 (THC-containing) products

Under the Controlled Substances Act 1984, a section 18A authority is needed to prescribe a Schedule 8 medicinal cannabis product:1

  • after two months of treatment, or before starting where the person has already been prescribed a Schedule 8 drug for more than two months
  • before starting treatment for any person the practitioner reasonably believes to be dependent on drugs.

An authority is not required for patients aged 70 or older, or for notified palliative care patients.1

Why there is no public list of prescribers

SA Health does not publish a list of doctors who prescribe medicinal cannabis. It explains that doctors are not allowed to advertise to the public that they can prescribe a particular medicine, under therapeutic goods law and professional standards.6 See why Australian clinics cannot advertise CBD.

ScriptCheckSA

ScriptCheckSA is the state’s real-time prescription monitoring system. It monitors all Schedule 8 medicines, plus Schedule 4 medicines that raise the risk of harm when prescribed alongside them: benzodiazepines, codeine products, gabapentin, pregabalin, quetiapine, tramadol, zolpidem and zopiclone.8

Cannabidiol is not on that Schedule 4 list. THC-containing cannabis medicines are Schedule 8, so they are monitored.8

Driving in South Australia

Driving with a prescribed drug (which includes THC) in saliva or blood is an offence under section 47BA of the Road Traffic Act 1961. It does not depend on impairment, and the SA Government’s summary of the offence lists no exemption for a prescription.2

For a first offence, the SA Government lists four demerit points and a licence disqualification of at least three months if dealt with by expiation notice, or at least six months on conviction in court. Police can also issue an immediate loss of licence.2

SA Health’s advice to patients is general and cautious: “Patients should not drive or operate machinery while being treated with medicinal cannabis.” It adds that THC “can be detected in urine many days after the last dose” and that “Drug-driving is a criminal offence, and patients should discuss the implications for safe and legal driving with their doctor.”6

CBD-only medicines

We could not find an official South Australian statement, like those in NSW, Victoria and Queensland, that a person taking a CBD-only medicine may lawfully drive if unimpaired. SA Health’s driving advice does not separate CBD-only products from THC products. A CBD-only medicine can lawfully contain up to 2% other cannabinoids, which can include a trace of THC.4 SA Health or the Department for Infrastructure and Transport can advise.

Reform

A joint parliamentary committee’s interim report in September 2024 recommended a medical defence modelled on Tasmania’s. As of mid-2026 no government response or bill had been identified.3 The law is unchanged as of November 2026, as far as we can confirm.

The comparison with other states is in CBD and driving.

Hemp in South Australia

Industrial hemp is grown under licence under the Industrial Hemp Act 2017. The THC limit for the crop is 1%, unchanged since the Act began.9

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.10 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 South Australia

  • Any official statement on driving while taking a CBD-only medicine.
  • The current expiation fee for a first drug-driving offence.
  • The wording of section 47BA, which we did not read directly.
  • Whether the government has responded to the 2024 committee recommendation since mid-2026.

Footnotes

  1. SA Health. Medicinal cannabis: patient access in South Australia. https://www.sahealth.sa.gov.au/wps/wcm/connect/public+content/sa+health+internet/conditions/medicines/medicinal+cannabis/medicinal+cannabis+patient+access+in+south+australia ↩ ↩2 ↩3 ↩4 ↩5 ↩6 ↩7 ↩8 ↩9

  2. Government of South Australia. Drug driving, updated 9 November 2026. https://www.sa.gov.au/topics/driving-and-transport/offences/disqualification-and-suspension/types-of-disqualification/drug-driving ↩ ↩2 ↩3

  3. InDaily. Driving ban rule change urged for medicinal cannabis users, September 2024. https://www.indailysa.com.au/news/archive/2024/09/17/driving-ban-rule-change-urged-for-medicinal-cannabis-users ↩ ↩2

  4. 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

  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. SA Health. Frequently asked questions on medicinal cannabis. https://www.sahealth.sa.gov.au/wps/wcm/connect/public+content/sa+health+internet/conditions/medicines/medicinal+cannabis/frequently+asked+questions+on+medicinal+cannabis ↩ ↩2 ↩3

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

  8. SA Health. ScriptCheckSA: real time prescription monitoring in South Australia. https://www.sahealth.sa.gov.au/wps/wcm/connect/public+content/sa+health+internet/clinical+resources/clinical+programs+and+practice+guidelines/medicines+and+drugs/drugs+of+dependence/scriptchecksa+real+time+prescription+monitoring+in+south+australia ↩ ↩2

  9. South Australian Legislation. Industrial Hemp Act 2017. https://www.legislation.sa.gov.au/_legislation-documents/lz/c/a/industrial-hemp-act-2017/current/2017.15.auth.pdf ↩

  10. 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 South Australia?

Yes, with a prescription. SA Health states that cannabidiol preparations where CBD is 98 per cent or more of the cannabinoid content are Schedule 4 medicines, and that supply requires a prescription plus Commonwealth approval or notification for unregistered products.

Do SA doctors need state approval to prescribe CBD?

No. SA Health says an authority under South Australian controlled substances law is not required to prescribe Schedule 4 cannabidiol medicines. A state authority can be required for Schedule 8 cannabis products, generally after two months of treatment.

Can I drive on CBD oil in South Australia?

We could not find an official South Australian statement about CBD-only medicines and driving. SA Health advises that patients should not drive while being treated with medicinal cannabis, and driving with THC present is an offence with no exemption for a prescription. Check with SA Health or the Department for Infrastructure and Transport.

Does ScriptCheckSA record CBD prescriptions?

ScriptCheckSA monitors all Schedule 8 medicines and a named list of Schedule 4 medicines such as benzodiazepines and pregabalin. Cannabidiol is not on the published Schedule 4 list. Cannabis products containing THC are Schedule 8 and so are monitored.

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.