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

CBD (cannabidiol) is prescription-only in WA. THC when driving is an offence even if prescribed, and workplace testing matters for FIFO and mining workers.

Facts checked 13 November 20266 min readHow we research

This page is about CBD oil (cannabidiol) in Western Australia, not the Perth city centre. CBD is a prescription-only medicine in WA under the national scheduling that applies in every state. Locally, three things stand out: WA’s state rules bite on THC-containing products and leave CBD-only medicines largely alone, its driving law makes no allowance for prescribed THC, and workplace testing matters more here than in most places because of mining and fly-in fly-out (FIFO) work.

What is different in Western Australia

  • Extra state authorisation applies only to Schedule 8 products, and only in listed situations.1
  • ScriptCheckWA monitors Schedule 8 medicines, including “medicinal cannabis products that contain THC”.2
  • No driving reform announced as of November 2026. A government working group’s report was reported in August 2026 to be with the minister and unpublished.3
  • Workplace guidance from the state regulator on medicinal cannabis.4

Yes, on prescription. WA Health’s consumer page is direct: “products labelled as containing CBD Oil cannot be sold as dietary supplements in Australia” and “A CBD Oil product could only be legally obtained as a prescription medicine.”5

Under the national Poisons Standard, a product where CBD is 98% or more of the cannabinoids is Schedule 4 (prescription only).6 WA Health notes that the standard “allows ‘cannabidiol only’ medicinal cannabis products to also contain very low levels of THC or other cannabinoids naturally found in cannabis – up to 2 per cent of the total cannabinoid content”.1 Products containing THC beyond that are Schedule 8 controlled drugs.1

No pharmacist-only (Schedule 3) CBD product has been registered in Australia, so nothing is available over the counter in any WA pharmacy.7 See Can you buy CBD over the counter in Australia?

How prescribing works in WA

“Any medical or nurse practitioner in Western Australia can prescribe medicinal cannabis provided they have the required Government approvals.”5 For a product not on the national register, that means approval through the Therapeutic Goods Administration (TGA) under the Special Access Scheme or the Authorised Prescriber scheme.1 See how the TGA regulates CBD.

When WA Health must also authorise

For Schedule 8 medicinal cannabis, WA requires a patient-specific authorisation from the head of the Department of Health in these situations:1

  • the patient is under 18
  • the patient is drug dependent, oversupplied, or has had a substance use disorder for a drug of addiction in the past five years
  • the patient has a history of psychosis or other psychiatric comorbidity
  • the dose is more than 40 mg of THC a day across oral products, or 300 mg a day across inhaled products.

These rules are written for Schedule 8 products. WA Health’s page lists no equivalent state authorisation for CBD-only Schedule 4 medicines.1

Other WA rules for Schedule 8 cannabis: the prescription must name a specific product, and pharmacists should not substitute a different product without a new prescription.1

ScriptCheckWA

ScriptCheckWA is the state’s real-time prescription monitoring system, launched at the end of March 2023. It covers Schedule 8 medicines and a list of higher-risk Schedule 4 medicines. Its Schedule 8 list includes “medicinal cannabis products that contain THC”.2 WA Health advises prescribers to check it before prescribing Schedule 8 medicinal cannabis.1 CBD-only medicines are not named on the monitored list.2

Pets

WA Health states that Schedule 8 cannabis products are for human use only, and that veterinary use “is not permitted other than for S4 cannabidiol only products”.1 See CBD for pets in Australia.

Driving in WA

WA Health sets out the law plainly: “In WA, it is an offence to drive with THC present in your system, regardless of whether the THC comes from prescribed legal medicinal cannabis or illicit recreational cannabis.”5 The offence is in section 64AC of the Road Traffic Act 1974.

For a first offence the court penalty is up to $1,250 and three demerit points. A positive roadside test also brings a 24-hour driving prohibition.8

WA Health’s general advice is: “It is therefore recommended that people using medicinal cannabis do not drive.”5

CBD-only medicines

We could not find an official WA statement, like those published in NSW, Victoria and Queensland, saying that a person taking a CBD-only medicine may lawfully drive if unimpaired. WA’s presence offence is about THC, and a CBD-only medicine can lawfully contain a trace of it.1 The nearest WA government comment we found is in a WorkSafe information sheet: “CBD has a lower risk than THC for driving but its sedative effect cannot be ignored.”4 That is a safety comment, not a statement of the road law. The Road Safety Commission is the body to ask.

Reform

A Medicinal Cannabis and Safe Driving Working Group was set up to examine the issue. According to a WA upper house member who has pressed for its release, the final report has been with the minister since about February 2026 and was still “under consideration” in August 2026. We found no published report and no announced change to the law as of November 2026.3

The comparison with other states is in CBD and driving.

Work, mining and FIFO

WA’s work health and safety regulator has published an information sheet, “Medicinal cannabis in the workplace”. Key points:4

  • CBD-only products are Schedule 4, and products containing THC are Schedule 8.
  • “CBD does not produce a ‘high’ but causes fatigue and drowsiness.”
  • Areas of concern include transport, construction, mining, exploration and drilling, explosives and mobile plant.
  • A worker “in a role where impairment may present a risk” has “a responsibility to notify your employer that you are taking a prescribed medicinal cannabis product”, so the employer can assess the risk.
  • Workers in safety-critical work can test positive for THC, “which can have implications on their work”.

Site drug tests look for THC, not CBD. Whether a prescribed CBD product could produce a positive depends on how much THC it contains. See CBD at work and Will CBD show up on a drug test?

Hemp in WA

Industrial hemp is grown under licence under the Industrial Hemp Act 2004. The THC limit for the crop is 1%, raised from 0.35% on 22 September 2018.9 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 See industrial hemp in Australia.

Is WA moving towards legalisation?

A private member’s bill to allow personal use of cannabis was tabled in the WA Parliament on 19 March 2026, according to the member who introduced it. As far as we could find, it had not passed as of November 2026.11 See cannabis legalisation in Australia.

What we could not confirm for WA

  • Any official statement on driving while taking a CBD-only medicine.
  • The contents of the working group’s report on medicinal cannabis and driving.
  • The wording of section 64AC, which we did not read directly.

Footnotes

  1. WA Department of Health. Medicinal cannabis products (S4 and S8). https://www.health.wa.gov.au/Articles/A_E/Cannabis-based-products ↩ ↩2 ↩3 ↩4 ↩5 ↩6 ↩7 ↩8 ↩9 ↩10

  2. WA Department of Health. ScriptCheckWA. https://www.health.wa.gov.au/Articles/S_T/ScriptCheckWA ↩ ↩2 ↩3

  3. Office of a WA Member of the Legislative Council. Medicinal cannabis driving reforms: transparency, August 2026. https://www.brianwalkermlc.com.au/news/medicinal-cannabis-driving-reforms-transparency ↩ ↩2

  4. Government of Western Australia, WorkSafe. Medicinal cannabis in the workplace: information sheet, 2025. https://worksafe.wa.gov.au/system/files/documents/2025-01/BR_MedicinalCannabis_0.pdf ↩ ↩2 ↩3

  5. Government of Western Australia, HealthyWA. Cannabis (medicinal cannabis). https://www.healthywa.health.wa.gov.au/Articles/A_E/Cannabis ↩ ↩2 ↩3 ↩4

  6. Australian Government. Therapeutic Goods (Poisons Standard, October 2026) Instrument 2026. https://www.legislation.gov.au/F2026L01327/asmade/2026-09-30/text/original/pdf ↩

  7. 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 ↩

  8. Government of Western Australia, Road Safety Commission. Drink and drug driving. https://www.wa.gov.au/organisation/road-safety-commission/drink-and-drug-driving ↩

  9. Western Australian Legislation. Industrial Hemp Act 2004. https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_a7012.html ↩

  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 ↩

  11. Office of a WA Member of the Legislative Council. Cannabis Bill 2026. https://www.brianwalkermlc.com.au/cannabis-bill-2026 ↩

Common questions

Is CBD oil legal in WA?

Yes, with a prescription. WA Health states that products labelled as containing CBD oil cannot be sold as dietary supplements in Australia and that a CBD oil product could only be legally obtained as a prescription medicine.

Do WA doctors need state approval to prescribe CBD?

WA Health's authorisation rules apply to Schedule 8 cannabis products, which contain THC, and only in listed situations such as a patient under 18 or a high daily THC dose. CBD-only medicines are Schedule 4. For any unregistered product the prescriber still needs approval through the Therapeutic Goods Administration.

Can I drive on CBD oil in WA?

We could not find an official WA statement about CBD-only medicines and driving. WA law makes it an offence to drive with THC present, even when it comes from prescribed medicinal cannabis, and WA Health recommends that people using medicinal cannabis do not drive. Check with the Road Safety Commission or your prescriber.

Can FIFO or mining workers use prescribed CBD?

We found no rule banning CBD itself, but site drug tests look for THC and many CBD products contain some. WA's work safety regulator says workers in roles where impairment may present a risk have a responsibility to tell their employer they are taking prescribed medicinal cannabis.

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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