research sample: CBD legality in Australia 2019

Keywords: CBD Oil Australia, is CBD oil Legal in Australia.


It is currently only legal for any individual to buy hemp seed related products in Australia, which do not contain any of the medicinally beneficial CBD compound.

CBD oil is found only in hemp or cannabis oil extracts. Products can be made with low and legal amounts of CBD (0.075%) and THC (0.005%), usually from the industrial hemp plant strain which contains only trace amounts of THC.

These products are available to those with a prescription which can be obtained from a medical doctor. The details of how one can go about obtaining a prescription varies depending on which state they live in. Apart from NSW, where laws appear to be the most relaxed, only those who are terminally ill or suffering from a chronic disease will be able to gain access to a prescription to use CBD oil to relieve their symptoms.

State of CBD in Australia, is it legal?

There is a lot of very baffling and frankly, conflicting information available on the internet regarding the legality of CBD oil in Australia. We have trawled through numerous websites to gain an understanding of what the average person faces when interested in finding out whether CBD oil is legal in Australia or not.

In order to make things as straightforward, relevant and up to date as possible, for the point of this article we have decided to only use official Australian government websites in order to obtain the real facts. We believe that many websites offering cannabis related products and information simply attempt to push the boundaries of the truth for no greater reason than wishful thinking with clever wording and marketing. This ultimately leaves you confused, even if the products you are interested in are in fact, legal.


There are a few things that you need to grasp before gaining a real understanding of the legalities of CBD oil in Australia. Every state have different schemes in which to enter under if you are looking to have a prescription for a CBD oil product. A prescription from a medical doctor still remain the only effective way to truly gain access to legitimate, medicinal CBD oil.

We understand that Australia is very progressive in this matter and look to become a major contributor to the CBD market. They legalized export of marijuana goods in 2019, after joining another 20 countries in 2017 that legalized cannabis for medicinal use. This is also when hemp seeds became a common occurrence in many health food stores.

Hemp seed oil is 100% legal in Australia. It is created through the cold pressing of the cannabis plant genus seeds. Therefore it has no active cannabidiols, such as CBD unless trace amounts are left behind due to inadequate cleaning of the seeds. You can purchase hemp seed products across the country.

Hemp oil however is an extract of the cannabis genus plant and will contain a whole host of different cannabidiols such as THC, CBD, CBG and CBV, to name a few. The CBD oil products that are so widely known for their beneficial medicinal uses are extracted from the cannabis sativa plant and will contain considerate levels of the desirable CBD compound.

CBD oil that has been extracted from the traditional marijuana plant will contain significant amounts of CBD as well as a great percentage of the THC compound. The effects of THC on any given individual has decidedly forced many governments around the world to class this plant and the extraction of its compounds to be an illicit drug.

On the other hand, CBD oil derived from industrial hemp will only contain trace amounts of the mind-altering THC compound with considerable amounts of the CBD compound still available for use.

So with the Australian government in 2017 deeming that all hemp related food products were legal to trade, as long as they do not have a THC content of more than 0.005% and a total CBD content of 0.075%, it is important to know where the CBD oil is being manufactured from for legal purposes.

State by state:

We previously hinted that every state in Australia is using different methods in which to enable the growing cannabis industry in that area. Some areas are more progressive than others and this information will be ever changing as bills are passed and concerns are faced head on during this revolutionary time.


Doctors here must apply to the ACT Chief Health Officer for approval to prescribe cannabis related products to those with life-limiting diseases, are suffering from chemotherapy related illnesses among other serious illnesses. Cannabis is decriminalized here and there is currently a bill to legalize cannabis for personal use.


New South Wales is leading the way by making medical access to CBD oil in Australia much easier. By eliminating the limitations that doctors have to prescribe their patients with medicinal cannabis products and by reducing the clinical assessments from two to just one in order for patients to be viable for a treatment, the time it takes to access CBD oil in Australia has been greatly reduced for patients here.


The Public Health (Medicinal Cannabis) Act 2016 allows doctors in Queensland to prescribe medicinal cannabis to patients where conventional treatments have failed. Scuh conditions include MS, HIV/AIDS, epilepsy and chemotherapy.


Only doctors authorized under the Special Access or Authorised Prescriber Schemes which is administered by the Therapeutic Goods Administration can prescribe their patients with CBD oil in Australia in the Northern Territory.


Approval from both the Department of Health and the Therapeutic Goods Administration is required here, although a more streamlined approach is being looked into. Since November 2016, doctors here have been able to prescribe cannabis related products to terminally ill patients or those with a chronic illness.


Again since November 2016, doctors here have been able to prescribe cannabis related products to terminally ill patients or those with a chronic illness, such as multiple sclerosis, nausea and vomiting due to chemotherapy, and intractable epilepsy in children.


Victoria was the first state to legalize medicinal marijuana back in 2016. This state is the forerunner in research and access to medicinal products. Doctors require secondary approval before prescribing medicinal cannabis to their patients, however any medical doctor is able to do this.


Specialists are able to provide medicinal CBD products to patients where other conventional treatments have failed, however despite a progressively minded community who are for approval of access, there is very little evidence that this is indeed happening.

Future prospects:

There is a lot of growth possible where CBD oil in Australia is concerned. The country can and does offer a lot of progressive research to this field and has in fact, set down revolutionary laws to allow for the export of CBD oil and medicinal marijuana related products worldwide.

However the strict controls of CBD oil in Australia seem to lag a little behind some more open minded countries. With many discussions being had, many laws being gradually and quietly passed and more and more pressure from the Australian population, CBD oil is very likely to become available over-the-counter in the not to near future.

A bold statement to say, however, with the global market set to boom and Australia in the forefront regarding appropriate research facilities, a natural movement is likely to take place allowing localized access as strains are strictly controlled and the percentages of CBD and THC are limited, studied and greater understood.


Official documents:

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