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Is CBD Oil legal in my state?

In partnership with Dr Hamish Black

Is it legal to access CBD oil in your state or territory?

CBD oil in a glass dropper bottle on a metal tray, photographed against a beige background.
CBD oil in a glass dropper bottle on a metal tray, photographed against a beige background.

Cannabidiol (CBD) products, like CBD oil, have been getting a lot of attention in recent years, and there’s a lot of talk about the laws around them in Australia. Though medicinal cannabis was legalised in 2016, the Therapeutic Goods Association (TGA) maintains strict regulations on prescribing and administering products like CBD oil, opens in a new tab. However, now low-dose CBD products are approved for over-the-counter sale, what does this mean for accessing and using CBD oil in your state or territory? 

When was CBD oil legalised in Australia? 

Since 2016 medical cannabis, including cannabidiol products, has been legal in Australia, opens in a new tab, though all products were classified as Schedule 4, meaning you needed a prescription to get them. This changed at the start of 2021, when the TGA reclassified low-dose CBD products to Schedule 3, permitting them to be sold over the counter by pharmacists.

Rules and regulations around using CBD oil 

Even though low-dose CBD products have been approved for over-the-counter sale, currently no products that meet this classification have been approved and registered with the TGA.

This means that you can only access CBD products through your doctor, who will need to go through the Special Access Scheme, opens in a new tab (SAS) or the Authorised Prescriber Scheme, opens in a new tab to access medicinal cannabis products for your treatment.

“There is still so much to learn about how medicinal cannabis products are used for treatment of medical conditions,” explains Dr Hamish Black, GP and nib Group Medical Advisor, "and the current research isn’t definitive about the effectiveness of CBD products as a treatment, what the long-term impacts are or how these products interact with other medications.”

Is CBD oil legal in every state and territory?

The rules and regulations around the usage of CBD products differ in each state or territory. This may affect whether you can get access to medicinal cannabis. 

Understanding your state/territory’s rules around using CBD oil 

It’s best to visit your state or territory health website for the most up-to-date information about the laws, regulations and research about CBD oil and medicinal cannabis products.

For more information on the use of CBD oil and other medicinal cannabis products in Australia, visit the government websites: 

The information throughout this article serves as broad information and should not replace any advice you have been provided to you by your medical practitioner.  

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Dr Hamish Black

Dr Hamish Black

In partnership with

Dr Hamish Black

Dr Hamish Black has been a medical practitioner for more than 25 years. In addition to his role as nib group medical advisor, he still spends two days a week practising as a GP. He has spent many years working in emergency departments and in rural Australia, including a stint with the Royal Flying Doctor Service. Hamish also loves karaoke and dancing (though not that well at either, he says!), with Play that Funky Music by Wild Cherry being his karaoke favourite.