Since 2016, the Victorian Government has been tightly regulating the newly legalised healthcare treatment option of medicinal cannabis. From supply, to distribution, to prescription processes, the Victorian Government has passed legislation on all aspects of the medicinal cannabis industry, to ensure that it is used safely and correctly for patients.

Keep reading to learn more about medicinal cannabis, its history, and the current state of medicinal cannabis legislation in Victoria.

The History of Medicinal Cannabis in Victoria

The use of cannabis as a medication has a long and storied history. For centuries, cultures all over the world have used cannabis for its medicinal properties, with some even calling it a “wonder drug”.

The first recorded use of cannabis as medication dates back to 2737 BC in China, where Emperor Shen Neng prescribed cannabis tea for various ailments such as gout and rheumatism. Cannabis was also used by Ancient Greeks and Romans for its medicinal properties.

Cannabis was also widely used as a medication in the 19th and early 20th centuries in the West. It was only in 1937 that the US Federal Government passed the Marijuana Tax Act, which effectively criminalised the use of cannabis for any purpose.

In recent years, scientific research has backed up these centuries-old claims, with various studies showing the efficacy of medicinal cannabis in treating conditions like chronic pain, anxiety, and epilepsy.

The legalisation of medicinal cannabis in Victoria followed similar legislation changes in other Australian states, like New South Wales and Queensland. In November 2016, the Victorian Government passed the Access to Medicinal Cannabis Act 2016, which paved the way for patients to access medicinal cannabis products with a valid prescription.

Since then, the Victorian Government has continued to pass legislation surrounding medicinal cannabis, in order to ensure that it is used safely and effectively.

Medicinal Cannabis Products in VIC

The cannabis plant is made up of two key components, THC (tetrahydrocannabinol) and CBD (cannabidiol) are the most well-known. These cannabinoids interact with the body’s endocannabinoid system, which helps to regulate a whole host of bodily functions, from pain perception to appetite.

THC and CBD are just two of the over 100 cannabinoids that have been identified in cannabis. While THC is the compound that produces the “high” associated with recreational marijuana use, CBD does not have any psychoactive effects.

Building on from these two components, there are two main types of medicinal cannabis products available in Victoria:

• Cannabis oil: This is the most common type of medicinal cannabis product, and can be consumed orally or applied topically. Cannabis oil typically contains high levels of CBD, and low levels of THC
• Dried flower: Dried cannabis flower can be smoked, vaporised, or used to make edibles. It typically contains higher levels of THC than CBD

In order to be prescribed either of these products, patients must first consult with a medical practitioner who is registered with the Therapeutic Goods Administration (TGA). After assessing the patient’s condition and determining that medicinal cannabis is an appropriate treatment option, the medical practitioner will then apply for approval from the TGA.

Once approved, the patient will be able to access their medicinal cannabis product from a registered pharmacy. The Victorian Government has also established data and resources webpages on their official website, which provide education and support for patients, families, and carers.

VIC Laws on Prescribing Medicinal Cannabis

The Access to Medicinal Cannabis Act 2016 was the first piece of legislation passed by the Victorian Government on the issue of medicinal cannabis. This act created the legal framework for the prescription and supply of medicinal cannabis products in Victoria.

Since then, the government has passed several other pieces of legislation surrounding medicinal cannabis, including:

• The Controlled Substances (Medicinal Cannabis) Amendment Act 2017, which allowed for the legal cultivation and manufacture of medicinal cannabis products in Victoria
• The Medicinal Cannabis Statement of Principles 2018, which outlines the circumstances under which a medical practitioner can prescribe medicinal cannabis
• The Medicinal Cannabis Bill 2019, which created a new regulator for the medicinal cannabis industry, the Office of Medicinal Cannabis Regulation (OMCR)

These laws work together to ensure that only those patients who would truly benefit from medicinal cannabis are able to access it. This ensures that patients are able to get the most out of their treatment, and minimises any risks associated with using cannabis products.

How is Medicinal Cannabis in VIC Regulated

Today, the use of medicinal cannabis is tightly regulated by Victoria Health. In order to be prescribed medicinal cannabis, patients must first receive approval from the state’s health department.

Once a patient has been approved for medicinal cannabis treatment, they will be able to receive a prescription from a registered medical practitioner. Only registered health professionals are legally allowed to prescribe medicinal cannabis in Victoria.

From there, patients can access medicinal cannabis products from one of the state-licensed dispensaries. These dispensaries are the only legal sources of medicinal cannabis in Victoria. It is illegal to purchase medicinal cannabis from any other source, including online retailers. Possession and use of medicinal cannabis products are also tightly regulated in Victoria. Patients are only allowed to possess a certain amount of product at one time, as determined by their prescription.

Patients must also consume their medicinal cannabis products in private, and are not allowed to drive while under the influence of the medication.

The Victorian Health department also provides a variety of resources on their website to clarify processes and any common questions surrounding the use of medicinal cannabis.

FAQs - Medicinal Cannabis VIC Laws

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

How long is the duration for TGA approval for medicinal cannabis?

The TGA approval process for medicinal cannabis can take up to two months. This is due to the fact that the TGA must assess both the safety and efficacy of the medication before it can be approved for use.

Can I get medicinal cannabis from my local pharmacy?

No, you cannot get medicinal cannabis from your local pharmacy. In order to access medicinal cannabis products, you must first receive a prescription from a registered medical practitioner. Once you have a prescription, you can then access medicinal cannabis products from one of the state-licensed dispensaries.

Where can I get my medicinal cannabis prescription filled?

Patients can fill their prescriptions at one of Victoria’s dispensaries with a cannabis research licence.

What are the laws on cannabis in Victoria?

Cannabis is a Schedule 9 drug in Victoria, which means it is illegal to possess, use, or cultivate cannabis without a special licence. However, the use of medicinal cannabis is tightly regulated by the Victorian Government. In order to get their medicinal cannabis product dispensed, patients must first receive approval from the state’s health department.

When was medicinal cannabis made legal in Australia?

Medicinal cannabis was made legal in Australia in 2016. However, the use of medicinal cannabis is still tightly regulated by the government. Each state and territory across Australia has slightly different legislation regarding the prescription, access, and distribution of medicinal cannabis products.

Is recreational cannabis legal in Victoria?

No, recreational cannabis is not legal in Victoria.