Currently in Australia, the only cannabis that is considered legal is medicinal cannabis. Medicinal cannabis is legal in all Australian states, though the laws and regulations for accessing and using legal medicinal cannabis vary from state to state.

Find out more the different legislations surrounding medicinal cannabis in Australia and what can or cannot be accessed as an individual, patient, or legal practitioner.

What is Considered Legal Cannabis in Australia?

In Australia, legal cannabis is considered to be any cannabis product that has been approved by the Therapeutic Goods Administration (TGA) and can be prescribed by qualified healthcare practitioners. These legal cannabis products must meet specific criteria set out by the TGA in order to be legalised, including:

• The product must contain cannabinoids, including THC and CBD.
• The product must be registered with the TGA.
• The product must have a valid therapeutic indication (i.e. medical condition) that it can treat.
• The product must be used in a legal and responsible manner as prescribed by the healthcare practitioner.
• The product must not contain any prohibited substances, such as certain synthetic cannabinoids.

The TGA tightly regulates the medicinal cannabis industry in order to ensure that the products are safe for human consumption. Medicinal cannabis is only available in Australia with a prescription from a health practitioner registered with the TGA, and must be obtained from an approved supplier. Medicinal cannabis is often prescribed to manage pain relief, nausea, muscle spasms and other symptoms related to cancer and chemotherapy, as well as some neurological conditions such as multiple sclerosis.

The legalisation of medicinal cannabis has been warmly welcomed by many healthcare professionals and patients alike, providing much needed access to treatment for those who require it. Medicinal cannabis has shown potential for several medical indications, however further research into its therapeutic properties is still required before it can become more widely accepted amongst doctors and embraced within the medical community.

Medicinal cannabis is expected to have a significant impact on the healthcare industry in Australia, providing access to treatments and therapies that may not have otherwise been available. The legalisation of cannabis products may also facilitate further research into the potential benefits and harms associated with these products, which could lead to the development of new medical technologies and treatments.

Additionally, legalising medicinal cannabis may help reduce the stigma surrounding its use and encourage more people to seek therapeutic treatment for their conditions from qualified healthcare practitioners. Ultimately, legal medicinal cannabis has the potential to improve public health outcomes in Australia by providing safe and effective treatments for a range of medical conditions.

Medicinal Cannabis Legislation in NSW

In NSW, medicinal cannabis is regulated by the Medicinal Cannabis (Compassionate Access) Act 2018. The Act sets rules and guidelines for growing, processing and supply of Medicinal Cannabis products in NSW. It also requires practitioners to obtain authorisation from the NSW Health Department before prescribing Medicinal Cannabis to their patients. This ensures that Medicinal Cannabis treatments are only provided to those who need it and will benefit from it.

The TGA also regulates how medicinal cannabis can be accessed in NSW. The TGA has put in place a Special Access Scheme (SAS) that enables practitioners to obtain Medicinal Cannabis products for their patients. Medicinal cannabis falling within the scope of the SAS can be prescribed as long as there is evidence to support its therapeutic use. For example, Medicinal Cannabis may be prescribed for conditions such as nausea and vomiting associated with chemotherapy or severe muscle spasms caused by multiple sclerosis.

In addition to medicinal cannabis being regulated in NSW, it is also subject to strict controls at the federal level. The Narcotic Drugs Act 1967 prohibits growing, supplying, and using medicinal cannabis without authorisation from the Commonwealth Government.

It is important to note that medicinal cannabis can only be legally accessed through prescription from an authorised medical practitioner in NSW. Recreational cannabis use is tightly regulated.

Medicinal Cannabis Legislation in VIC

In Victoria, legislation surrounding medicinal cannabis has been introduced in recent years to enable the use of cannabis and its derivatives for medical purposes. Medicinal cannabis is strictly regulated and only available through prescription from a medical practitioner. The Victorian Government has established several organisations that review applications for access to medicinal cannabis, assess research conducted on the benefits of medicinal cannabis, and oversee the production of high-quality cannabinoid products within Australia.

Agriculture Victoria develops Victoria’s medicinal cannabis industry. It helps to ensure that the industry is safe and productive through appropriate regulation, licensing, research and development. Medicinal cannabis products are subject to the same quality standards as other medicines.

In Victoria, prescribed medicinal cannabis products are used for a variety of medical conditions, such as chronic pain relief, reducing nausea in cancer patients during chemotherapy treatments, and seizure control for people with epilepsy. Medicinal cannabis has also been recommended by the Victorian Government for improving appetite and reducing spasms in people living with multiple sclerosis (MS).

Medicinal Cannabis Legislation in QLD

In Queensland, medicinal cannabis is regulated by the Public Health (Medicinal Cannabis) Act 2016. This act provides a framework for people to lawfully access medicinal cannabis in Queensland.

It outlines:

• Who can legally supply and possess medicinal cannabis products in QLD
• What requirements must be met to obtain medicinal cannabis treatments
• How medicinal cannabis may be prescribed and dispensed

The Public Health (Medicinal Cannabis) Act also lays out specific guidelines for medical practitioners who wish to prescribe medicinal cannabis products, as well as legal protections from prosecution for those using or supplying medicinal cannabis treatments in accordance with the law.

Legal medicinal cannabis products in Queensland are also governed by the TGA. Patients must obtain a valid prescription from an authorised medical practitioner before they can legally access any medicinal cannabis treatment. Medicinal cannabis products are highly regulated, so it’s important to understand the legal requirements and obligations before seeking out or providing these treatments.

Medicinal Cannabis Legislation in WA

Medicinal cannabis in Western Australia is legal under the Narcotic Drugs Act 1967, that was amended in 2016 to legalise medicinal cannabis. Western Australia follows the TGA’s regulations closely, however there are still some restrictions in place, particularly regarding the access of products. Medicinal cannabis can only be prescribed by a medical practitioner and supplied through an authorised prescriber, with most patients receiving medicinal cannabis through their healthcare provider or pharmacy.

The Department of Health (WA) is responsible for overseeing the regulation and control of medicinal cannabis products in WA and ensuring that standardised prescribing criteria is met. The Medicinal Cannabis Advisory Committee works with this department to advise on matters related to the use of medicinal cannabis in WA, including developing guidelines and training material for practitioners. The committee also provides advice to the Minister for Health regarding any changes or amendments that need to be made to legislation relating to medicinal cannabis.

Patients must have a valid prescription from an authorised medical practitioner in order to access medicinal cannabis products. The prescription must be provided by the treating doctor and include the required information on dosage, route of administration, duration of treatment and any other relevant information. In addition, the patient must provide proof they are eligible for medicinal cannabis use as determined by their treating doctor.

Medicinal cannabis products can be obtained through either a registered health service provider or pharmacy. Health service providers that have been approved to sell medicinal cannabis products must meet certain criteria set out by the Department of Health (WA), including having appropriate training in how to supply and handle these products. Pharmacies also need to meet specific requirements when dispensing medicines containing cannabinoids, such as appropriately storing these medications, and providing counselling on the use and effects of medicinal cannabis.

Medicinal Cannabis Legislation in SA

The TGA’s regulations also apply in South Australia. The South Australian Department of Health has established the state’s Special Access Scheme (SAS), which provides an avenue for authorised medical practitioners to access medicinal cannabis products where they have determined it is clinically appropriate.

The SAS can be used to access unapproved therapeutic goods that are not registered with the TGA, such as medicinal cannabis products imported from overseas. To receive access, the patient must have a valid SA Health consumer agreement form signed by their doctor and approved by SA Health.

The South Australian Government also recently established an exemption scheme, allowing authorised medical practitioners to prescribe medicinal cannabis products without having to go through the SAS or TGA process. This scheme is only intended for use where there is an unmet clinical need and it has been determined it is clinically appropriate. All prescriptions must be also authorised by an approved authority.

The South Australian Government also provides a range of online resources to help patients and carers access information about medicinal cannabis products. This includes information about access, costs, and potential side effects. Additionally, the Government provides support for authorised prescribers to ensure they are up-to-date with industry best-practice.

Medicinal Cannabis Legislation in TAS

Similar to the other states, the TGA’s regulations are also applicable in Tasmania. The Tasmanian Government has a Controlled Access Scheme (CAS) which allows access to medicinal cannabis products as long as it is prescribed by an authorised medical practitioner.

Under the scheme, a doctor must submit an application to the Tasmanian Department of Health for approval before prescribing these medications. If approved, the doctor can then prescribe and dispense (or arrange for supply) the medication to their patient.

It allows for a range of products to be prescribed, including unregistered medications from overseas and locally manufactured products. The Tasmanian Department of Health also provides information on the types of cannabis-based medicines available in Australia as well as their access requirements.

The Tasmanian Government works closely with healthcare practitioners to support patient access through education and training initiatives. Approved training and education programs ensure that healthcare practitioners have the most up to date knowledge and skills when prescribing these medications.

Medicinal Cannabis Legislation in ACT

In the ACT, medicinal cannabis access is also regulated by the TGA. However, the ACT Government has implemented additional legislative provisions that are designed to ensure access for people living in the territory.

The ACT Medicinal Cannabis Scheme aims to provide access to medicinal cannabis and cannabis-related products for people who have been diagnosed with a qualifying medical condition. In order to be eligible, the person must have a valid prescription that has been issued by an authorised medical practitioner.

The ACT Medicinal Cannabis Scheme also includes provisions for the licensing of approved producers and wholesalers who will provide cannabis products to approved pharmacies and hospitals.

The ACT Government has provided additional guidance for people living in the territory who wish to access medicinal cannabis, including information about the legal requirements of possession, use and cultivation. They are also working with medical practitioners and pharmacists to ensure that safe access is available when required.

Medicinal Cannabis Legislation in NT

In the Northern Territory, possession and cultivation of medicinal cannabis are legal for personal medical use. A licensed health practitioner may also prescribe and administer a particular type of cannabis-based treatment, known as a ‘cannabinoid product’, when it is clinically required.

The Northern Territory’s medicinal cannabis industry is also regulated by the TGA, Department of Health and the Office of Drug Control. Under these regulations, medical cannabis must be produced in accordance with Good Manufacturing Practice (GMP) standards and certified by the TGA.

Additionally, the Northern Territory government only allows for the cultivation and supply of medicinal cannabis for therapeutic use by licensed companies, and those possessing a license must adhere to strict standards set out in the applicable legislation.

Medicinal Cannabis Legislation FAQs

Below, we answer some of the most frequently asked questions surrounding medicinal cannabis legislation in Australia.

Is medical cannabis legal in Australia?

Yes, medical cannabis is legal in Australia. The Therapeutic Goods Administration (TGA) regulates the use, supply and manufacture of certain medicinal cannabis products. The Northern Territory government also permits the cultivation and supply of medicinal cannabis for therapeutic use under license from a licensed company.

Currently, no products are subsidised under the Pharmaceutical Benefits Scheme.

Does a doctor need to prescribe medical cannabis?

Yes, patients must get approval from a registered health practitioner before obtaining access to medicinal cannabis products. Health practitioners must consider all other treatment options, discuss medicinal cannabis effects, and ensure that the product poses no safety risk or interaction with any existing medications before prescribing it to their patient.

How is medicinal cannabis regulated in Australia?

The Therapeutic Goods Administration (TGA) regulates the importation, supply, manufacture and export of medicinal cannabis products. They are responsible for assessing applications, issuing licenses and monitoring compliance with therapeutic goods legislation. The TGA has a range of guidelines about accessing medicinal cannabis in place to ensure the safe use and quality of medicinal cannabis products.

How do I access medicinal cannabis in Australia?

Patients must obtain authorisation from the TGA and register with an approved supplier before they can legally access medicinal cannabis products. Patients may also need to get approval from their healthcare practitioner depending on which state or territory they live in. After registering with a supplier, patients are able to purchase medical cannabis products that meet the required standards as set out by the TGA.

These products must be stored, transported and used in accordance with the instructions provided by the supplier. To remain compliant with the law, it is important for patients to understand their responsibilities when using medicinal cannabis plant products. Patients should also be aware of any potential side effects that may occur from taking these medications, as some can cause serious harm if not taken correctly.

What types of conditions can be treated with medicinal cannabis?

Currently, medicinal cannabis is used to treat a range of conditions including pain, inflammation, anxiety and depression. The types of conditions that can be treated with medicinal cannabis depend on the individual product and the state or territory in which it is being used. Some states and territories may have specific regulations around what medical conditions are eligible for medicinal cannabis treatment. It is important to speak with your health practitioner about any potential benefits of using medicinal cannabis before starting treatment.

Are there different strains of medicinal cannabis available?

Yes, there are several different strains of medical-grade cannabis products that vary in potency and effect. Different cannabinoids (the active ingredients in cannabis) interact differently with the body, so it is important to choose the right type of cannabis for your condition. It is best to speak with a healthcare provider who is knowledgeable in the area of medicinal cannabis to ensure you are using the correct product. Additionally, there are many different delivery systems available, such as tinctures, capsules, and edibles. You should discuss these options with your health practitioner to determine which system would be best suited for your needs.

It is also important to note that medical-grade cannabis products may not be available in all states or territories. Medicinal cannabis laws vary from state to state, so it is important to research the regulations in your specific location before beginning treatment. In some cases, a doctor’s recommendation may be necessary to purchase medical cannabis products.