What is CBD Oil?
CBD oil means Cannabidiol oil which is made from a chemical found in marijuana or weed which is extracted and diluted with a carrier oil such as coconut or hemp seed. Click here for more on the law on weed.
Can You Get High on CBD Oil?
It does not contain the psychoactive ingredient found in marijuana, namely tetrahydrocannabinol (THC), which produces the 'high'.
Benefits of CBD Oil
CBD oil has been reported to assist with pain relief, symptoms of anxiety and depression, improvement in sleep, as well as helping with addictions.
Is CBD Oil Legal?
CBD Oil is treated differently under Australian law than other cannabis products in terms of legality due to the absence of THC.
All medicines in Australia are classified under a national system named the 'Poisons Standard'. The standard provides each drug with a certain category called a 'schedule', based on the potential risks and harm associated with its use.
With respect to medicinal cannabis products:
- Low dose CBD products (i.e., products with CBD as at least 98% of the total cannabinoid content (with less than 1% THC) and a maximum daily dose of 150 mg CBD falls under Schedule 3 (pharmacist-only) medicines.
- CBD only products (contain at least 98% of total cannabinoid content) falls under Schedule 4 (prescription-only) medicines.
- All other medicinal cannabis (i.e., including those with delta-9-tetrahydrocannabinol) falls under Schedule 8 (controlled drugs). Schedule 8 medicines are subject to stricter legislative controls, which is stated due to their higher potential for misuse, abuse, and dependence.
Therefore, depending on the CBD oil's composition, it will be a pharmacist only medicine or a prescription only medicine.
A pharmacist only medicine does not require a prescription, but they are only available from pharmacies. The product must be handed to the buyer by the pharmacist, ensuring that they can receive professional advice about its use.
However, prescription only medicines must be obtained from a pharmacist on prescription.
Whilst it is legal to obtain and possess marijuana in all states and territories with a prescription, there remains stringent penalties if you were to obtain even CBD oil without a prescription, most relevantly where it is a 'CBD only product' classified as a prescription only medicine.
Is CBD Oil Legal in New South Wales?
In New South Wales, schedule 4 medicines are considered 'restricted substances' as prescribed in the Poisons and Therapeutic Goods Act 1966 (NSW). CBD only products (containing at least 98% of total cannabinoid content) falls under Schedule 4 (prescription-only) medicines. It is an offence to attempt to obtain, or have a restricted substance, such as CBD only products, in one's possession, without a prescription. The maximum penalty applicable is a $2,200 fine and/or 6 months imprisonment, pursuant to section 16.
It is also illegal for retailers or individuals to sell CBD only products, other than pharmacies, as per section 9. A maximum penalty of a $1,650 fine and/or 6 months imprisonment is applicable.
Click here for more on drug possession or drug supply charges.
Is CBD Oil Legal in Victoria?
In Victoria, it is illegal to sell, as well as possess or use CBD only products without a prescription.
Substances contacted within Schedule 4 of the Poisons List are considered a 'poison or controlled substance' as outlined in the Drugs, Poisons and Controlled Substances Act 1981 (VIC).
It is an offence to possess CBD only products, without authorization such as a prescription, pursuant to section 36B(2). This carries a maximum penalty of a $1,975.90 fine (10 penalty units x current value of $197.59 from 1 July 2024 to 30 June 2025).
The Drugs, Poisons and Controlled Substances Regulations 2017 (VIC) prohibits the sale of 'poisons or controlled substances' without authorisation. A maximum penalty of a $19,759 fine is applicable.
Is CBD Oil Legal in Queensland?
In Queensland, it is prohibited to purchase and possess CBD only products without a prescription, or to sell or supply them, without lawful authority.
Substances contacted within Schedule 4 of the Poisons List are considered a 's4 medicine' as outlined in the Medicines and Poisons Act 2019 (QLD).
A person who buys or possesses CBD only products, without a prescription or reasonable excuse, faces a maximum penalty of a $32,260 fine (200 penalty units x current value of $161.30 from 1 July 2024), as per pursuant to section 34.
It is also an offence to supply CBD only products, without authorisation or a reasonable excuse. This carries a maximum penalty of a $80,650 fine, as outlined in section 35.
Is CBD Oil Legal in ACT?
It is illegal to purchase, sell and possess CBD only products, in the Australian Capital Territory, without a prescription or lawful authority.
Schedule 4 substances are considered 'prescription only medicines' or 'declared substances', as per the Medicines, Poisons and Therapeutic Goods Act 2008 (ACT).
Supplying CBD only products, without authorisation, carries a maximum penalty of 5 years imprisonment and/or a $156,500 fine (500 penalty units x current value of $330 from 1 July 2024), pursuant to section 26.
Section 36 prescribes that possessing CBD only products, without a prescription, carries a maximum penalty of 2 years imprisonment and/or a $66,000 fine.
The amount of medicinal cannabis that a patient in ACT may possess is limited by their prescription.
However, it is important to note that there are separate guidelines in the ACT for recreational cannabis. This includes that if you are aged 18 years and over, you can legally possess up to 50 grams of dried cannabis or up to 150 grams of fresh cannabis, without a prescription.
Is CBD Oil Legal in South Australia?
In South Australia, it is illegal to sell CBD only products, without a prescription, as outlined in the Controlled Substances Act 1984 (SA). A maximum penalty of a $10,000 fine applies for those who use, sell, supply, prescribe, or purchase CBD only products, without proper authorisation, as per section 27.
Is CBD Oil Legal in Western Australia?
In Western Australia, it is illegal to sell, supply or possess CBD only products, without a doctor's prescription.
The Medicines and Poisons Act 2014 WA provides that a person commits an offence if they supply CBD only products without authorisation, as per section 14(1). Furthermore, section 14(4) criminalises possession, without proper authorisation, such as a prescription.
A maximum penalty of a $45,000 fine is applicable to these offences, as per section 115.
Is CBD Oil Legal in Northern Territory?
In the Northern Territory, it is illegal to sell, supply or possess CBD only products, without a doctor's prescription.
Using or possessing CBD only products, without a doctor's prescription, carries a maximum penalty of 12 months imprisonment or a $18,500 fine (100 penalty units x current value of $185 from 1 July 2024 to 30 June 2025), as per section 39 of the Medicines, Poisons and Therapeutic Goods Act 2012 (NT).
Supplying CBD only products, without registration as a pharmacy, carries a maximum penalty of a $37,000 fine or 2 years imprisonment, as per section 40.
Is CBD Oil Legal in Tasmania?
In Tasmania, schedule 4 substances, such as CBD only products, are referred to as 'restricted substances' as per the Poisons Act 1971 (TAS).
It is illegal to have CBD only products in ones' possession, without a prescription, as outlined in section 36. A maximum penalty of 2 years imprisonment or a $9,750 fine (50 penalty units x current value of $195) is applicable.
Unless authorised to do so, a person or retailer who sells or supplies CBD only products faces a maximum penalty of a $3,900 fine, pursuant to section 26.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.