Medicinal cannabis was first legalised in Australia in 2016. Since then, the industry has grown exponentially with state-run government bodies, research investment, and hundreds of clinical trials to investigate the efficacy of medicinal cannabis treatment in common health conditions experienced by Australians every day.

However, while medicinal cannabis is legal in Australia, the legislation surrounding its use is complex. On this page, we’ll provide an overview of the current legislation surrounding medicinal cannabis, its uses and the prescription process.

The History of Medicinal Cannabis in Australia

While the use of cannabis for medicinal purposes dates back centuries, it was only in 2016 that it was legalised in Australia. This followed a long and difficult campaign by advocates, medical professionals, and patients who had seen firsthand the benefits of medicinal cannabis treatment.

The first step towards legalisation was the introduction of the Narcotics Drugs Amendment Bill 2016. This bill amended the Narcotics Drugs Act 1967 to allow for the legal cultivation of cannabis for medicinal and scientific purposes.

The bill was passed by parliament in February 2016 and came into effect in November of that year. Since then, the Australian Government has continued to review and update the legislation surrounding medicinal cannabis.

In December 2018, the Federal Government passed the Cannabis Legislation Amendment (Medicinal Cannabis) Bill 2018. This bill made a number of important changes to the legislation, including:

• Allowing for the importation of medicinal cannabis products
• Establishing a National Regulator for therapeutic goods containing cannabis
• Permitting the prescription of medicinal cannabis products
• By general practitioners and specialist medical practitioners
• Creating a new category of medicinal cannabis products known as ‘low-dose cannabis medicines’

The changes introduced by the Cannabis Legislation Amendment (Medicinal Cannabis) Bill 2018 came into effect in February 2019.

Medicinal Cannabis Products in Australia

In Australia,  there are two main types of medicinal cannabis products:

• Plant-based products: these include dried cannabis, cannabis oil, and fresh cannabis leaves and flowers
• Synthetic products: these are man-made cannabinoids that mimic the effects of THC (tetrahydrocannabinol), the main psychoactive compound in cannabis.

Plant-based medicinal cannabis products are only available through clinical trials or special access schemes administered by the Therapeutic Goods Administration (TGA).

Synthetic medicinal cannabis products, on the other hand, are available through regular prescription channels. The most common synthetic medicinal cannabis product is nabilone, which is used to treat nausea and vomiting associated with chemotherapy. Nabilone is a man-made cannabinoid that is similar to THC.

Australian Laws on Prescribing Medicinal Cannabis

In Australia, medicinal cannabis products are regulated by the Therapeutic Goods Administration (TGA). The TGA is the Australian Government body responsible for regulating therapeutic goods, including medicinal cannabis products.

To be legally prescribed in Australia, a medicinal cannabis product must be entered into the Australian Register of Therapeutic Goods (ARTG). Only products that have been entered into the ARTG can be legally prescribed by medical practitioners.

It is important to note that, while medicinal cannabis products can only be prescribed by medical practitioners, they cannot be dispensed by pharmacies. This means that patients must obtain their medicinal cannabis from a licensed medicinal cannabis supplier.

In order to obtain a prescription for medicinal cannabis, patients must first consult with a medical practitioner. This can be either a general practitioner or a specialist medical practitioner.

During the consultation, the medical practitioner will assess the patient’s condition and decide if medicinal cannabis is an appropriate treatment. If they determine that it is, they will then write a prescription for the desired product.

Patients can then take their prescriptions to a pharmacy where they will be able to purchase the medicinal cannabis product. In some cases, patients may also be able to access medicinal cannabis products through clinical trials or special access schemes.

How is Medicinal Cannabis in Australia Regulated?

Medicinal cannabis in Australia is regulated at both the federal and state/territory level.

The Australian Therapeutic Goods Administration (TGA) is responsible for the regulation of therapeutic goods, including medicinal cannabis, at the federal level. The TGA assesses applications to include medicinal cannabis products on the Australian Register of Therapeutic Goods (ARTG), which lists all therapeutic goods that can be lawfully supplied in or exported from Australia.

The TGA leads the medicinal cannabis industry in Australia and encourages several clinical trials that investigate the use of medicinal cannabis for a range of conditions, including chronic pain, epilepsy and cancer. In addition, the TGA has granted “compassionate access” to medicinal cannabis products for some patients with a life-threatening condition where all other treatment options have failed.

State and territory governments in Australia are responsible for the regulation of health practitioners and dispensing and accessing medicinal cannabis abilities. In most jurisdictions, only specialist medical practitioners (such as oncologists or pain specialists) are able to prescribe medicinal cannabis products for certain medical conditions.

The Australian Government has committed to simplifying the process for patients and doctors to access medicinal cannabis by establishing national schemes by mid-2017. This will help ensure that patients can have their medicinal cannabis product dispensed in a timely manner, after it has been assessed as safe and effective by the TGA.

FAQs - Medicinal Cannabis Australia Laws

Below, we answer some of the most frequently asked questions concerning legal medicinal cannabis products and industry legislation in Australia.

Is medical CBD legal in Australia?

Yes, medical cannabis and CBD is legal in Australia. Cannabidiol (CBD) is a non-psychoactive component of the cannabis plant that has shown promise in a number of clinical trials for the treatment of various conditions, including epilepsy, anxiety and chronic pain.

In November 2016, the Australian Government’s Therapeutic Goods Administration (TGA) approved the use of CBD for medical purposes. This means that CBD and most medicinal cannabis products can now be prescribed by medical practitioners in Australia.

However, it is important to note that not all CBD products are equal. In order to be legally prescribed in Australia, a CBD product must be included on the Australian Register of Therapeutic Goods (ARTG).

How many states/territories in Australia have legalised medicinal cannabis?

All states and territories in Australia have legalised the use of medicinal cannabis. However, each jurisdiction has its own rules and regulations regarding the prescribing, dispensing and possession of medicinal cannabis products.

In most cases, only specialist medical practitioners (such as oncologists or pain specialists) are able to prescribe medicinal cannabis products. In addition, patients must obtain their medicinal cannabis from a licensed medicinal cannabis supplier to avoid purchasing unapproved medicinal cannabis products.

Is recreational cannabis legal in Australia?

No, recreational cannabis is not legal in Australia. The use, possession, cultivation and sale of cannabis is illegal under Commonwealth law. This applies regardless of the purpose for which it is being used (including prescribed medicinal cannabis).

Can a GP prescribe CBD oil in Australia?

Yes, a GP can prescribe CBD oil in Australia if it is deemed the appropriate medicinal cannabis product, under approval from the TGA.

Are all medicinal cannabis laws Australia-wide?

At present, there is no national law in Australia that covers the use of medicinal cannabis. Each state and territory has its own laws and regulations regarding the use of medicinal cannabis.

In some states and territories, such as Victoria and New South Wales, patients can access medicinal cannabis through clinical trials or special access schemes. In other states and territories, such as Queensland and Western Australia, patients can only access medicinal cannabis for research purposes.

So far, the Therapeutic Goods Administration (TGA) has not approved any products containing cannabidiol (CBD) for general sale in Australia. Only products with a low THC content that have been authorised by the TGA can be legally supplied in Australia.