Yes. In Australia, CBD (cannabidiol) can only be legal as a controlled medicinal product available by following due regulatory channels. CBD in low doses was down-scheduled such that it could be retailed over the counter by a pharmacist, but as of 2026, there are no products of this type that have been approved to be sold over the counter without a prescription. The majority of Australians will be required to access CBD via a licensed medical practitioner and legal supply routes.
The most important information
- CBD is a strictly regulated medical substance in Australia.
- The prescription of medicinal CBD must be done via approved channels.
- Australia has a Schedule 3 provision for over-the-counter CBD, but there are no approved products yet.
- It is also illegal to import unapproved CBD without authorization.
- There are fines in case of illegal possession or supply.
What Is CBD?
One of the numerous cannabinoids in the cannabis plant is cannabidiol (CBD). CBD does not cause a psychoactive high in the body as THC (tetrahydrocannabinol) does. It has been researched on a broad scope of therapeutic uses, such as analgesia, anxiety, and inflammation. Its supply and use in Australia is, however, regulated by stringent laws on therapeutic goods and not the general health supplement regulations.
Legal Systems: The Australian Legal Treatment of CBD
Australian Therapeutic Goods Administration (TGA)
TGA is an Australian regulator of medicines and therapeutic goods. It categorizes and lists substances, such as CBD, in the Poisons Standard based on risk and necessary regulation, which is part of learning the laws of CBD by state.
Australian Register of Therapeutic Goods (ARTG)
To be sold in any state in Australia by prescription or over the counter, any CBD product has to be approved and listed on the ARTG. This implies that it is evaluated in terms of quality, safety, and regulatory compliance.
Higher control (controlled drug)
Used in case of higher concentrations of other cannabinoids like THC in the product.
Scheduling Explained
| Schedule | Meaning | CBD Access |
| Schedule 3 | Pharmacist-only medicine | OTC legal in law, but there are no approved products yet |
| Schedule 4 | Prescription-only medicine | Available with a prescription |
| Schedule 8 | Controlled drug (higher control) | Applies if the product contains higher levels of other cannabinoids such as THC |
The Australian method is stricter than in other countries, such as the United Kingdom and some states in the United States, where some of the CBD products may be sold as health supplements.
Legal situation of CBD in Australia
CBD: Prescription Only by Medicine
Currently, the majority of CBD in Australia is Schedule 4. This implies that they can only be provided upon a doctor prescription legally in avenues like the Special Access Scheme (SAS) or as an Authorised Prescriber.
The medicines that are prescribed using these channels can contain raw extracts, oils, capsules, sprays, and other pharmaceutical forms that are to serve a particular medical ailment.
Over-the-Counter CBD: No Products, Legal Category
In 2020 the TGA ruled to down-schedule some low-dose CBD products to Schedule 3 to be able to be sold over-the-counter by a pharmacist without a prescription. Such products would have a maximum daily dose of 150 mg of CBD and should have high standards (packaging, use by adults, and safety control).
There is however, no CBD product that has gone through the necessary approval process to be listed on the ARTG as a Schedule 3 supply as at 2025. It implies that pharmacies no longer have CBD products for OTC sale without a doctor’s prescription.
Access to CBD in Australia Legally
1. General Pathway (Doctor Prescription)
CBD may be prescribed by a registered medical practitioner who may conclude that it may be suitable in the situation of a patient. Doctors tend to use the following regulatory pathways to issue a prescription:
- Special Access Scheme (SAS-B)
- Authorised Prescriber Scheme.
After being approved, a pharmacy will be able to dispense the CBD based on the conditions of the prescription.
Before patients seek the treatment of CBD, they should talk to their clinician about the conditions, medications that they are taking, and the risks that they may have.
2. Prescribed CBD (Traveller’s Exemption) Importing
Individuals under the federal law can personally import a supply of prescribed CBD for personal use, with valid prescription documentation and in original packaging. Nonetheless, it is illegal to import CBD without a legal exemption or permit from foreign retailers and can be seized or cause penalties.
What Is Not Legal Without Control?
- Purchasing from online retailers or international stores without prescriptions or authorisation to purchase CBD products.
- The illegitimate possession or sale of CBD products under the Poisons Standard.
- Promoting unapproved CBD to the community. In Australia, prescription medicines, such as CBD, are prohibited to be advertised.
Punishments of Unlawful CBD Supply or Possession
Penalties can be severe. The supply or possession of CBD products without the required prescription or licence may result in huge fines and even criminal prosecution in certain states. As an illustration, depending on the situation, fines in some jurisdictions can go as high as tens of thousands of dollars or even imprisonment.
Comparison: CBD in Australia vs Other Countries
| Region | Legal CBD Access | Regulatory Condition |
| Australia | Prescription required; OTC category exists but no products | TGA regulated Schedule 4/3 system |
| United Kingdom | CBD widely sold as health product if meets novel food standards | Less restrictive market rules |
| Some U.S. states | Varies by state; hemp-derived CBD often available OTC | Federal level permits more general retail |
The regulatory policy in Australia is more conservative and puts the safety and professional regulation first, unlike the markets where CBD is treated as a wellness product in general.
Expert Commentary
The scheduling system in Australia will ensure that the CBD and other medicinal cannabis products will be supplied at an established level of safety and quality. Although there is a Schedule 3 route, uptake in the industry has been low. The policy regarding medicinal cannabis is not based on evidence. It is also illegal to import CBD products without the necessary legal authorisation or prescription, and it puts the individual at risk of enforcement. Australian medicines regulation legal analyst.
The sale of CBD products to consumers is not permitted to be advertised unless the product is approved and listed on the ARTG, which is a reflection of the stringent therapeutic goods advertising legislation in Australia.
State and Territory Notes
Laws may differ according to state and territory, especially in the application of penalties of possession and supply. As an example, there is a difference in laws that regulate roadside drug testing and the presence of THC, yet the federal scheduling of CBD continue to define the legality of supply and access.
If you’re exploring CBD laws in other places, check out our explanation of CBD’s legal status in Las Vegas.
Conclusion
Australia is a country that in considers CBD as a legal medicinal product, but not a supplement which is freely available. The primary legal route is prescription access, and even though low-dose CBD may be sold over the counter, no such products are approved yet. It is also illegal to import unapproved CBD without authorisation and severe repercussions are imposed in case of unauthorised possession or supply of the substance. The regulatory regime is an indicator of a cautious strike between the access of the patient and safety controls, not an overall commercial availability.
Is it available to purchase CBD oil over the counter in Australia?
Yes, technically at the pharmacist level in Schedule 3,, but as of 2026, there are no approved products on the ARTG and therefore prescription is still required.
Is it prescription-dependent to import CBD to Australia?
No, legal importation must be done with documentation of valid prescription or with certain permits; unauthorised imports are illegal.
Is CBD recreational in Australia?
No. CBD not provided via prescription or approved Schedule 3 products is not legal to recreational use.
What amount of CBD would be able to be sold over the counter?
Maximum of 150 mg per day via the Schedule 3 route, when ARTG has approved products.
Is it possible to be fined in case of having CBD without a prescription?
Yes. Different states have fines and even criminal penalties against unapproved possession or supply.
