One of the most confusing aspects of CBD oil is it’s legal standing, Is CBD Oil legal in Australia or not. What are the potential legal issues at stake. This article will attempt to point you in the right direction but be prepared, it’s not logical, fair or easy to understand.

TGA Reclassified CBD Oil as Schedule 4

After October 1st 2017 CBD Oil (Full spectrum CBD Oil extract) was classified as Schedule 4.

Schedule 4, items must be prescribed and supplied by a Pharmacy. Prescribing Doctors need registration under the Safe Access Scheme. Products need registration with the TGA for use in a particular Therapeutic use.

is CBD Oil legal in Australia

“Behold I have given you every seed-bearing plant on the face of the whole earth and every tree that has fruit with seed in it. “ 

Genesis 1.29.30

God also gave us free will and the intelligence to use it.


The recent changes in legislation means it’s very difficult for Australians to legally get access to high quality CBD unless they jump through a multitude of administrative hoops and suffer from one of the limited number of specified conditions.

This has forced many Australians to purchase from websites outside Australia.

Is CBD Oil Legal? – Yes, but only if you meet certain conditions and have a doctor prescribe it for you. 

According to Barry Lambert whose granddaughter Katelyn suffers from Dravet Syndrome.

“There are only 23 doctors in Australia that could write a prescription for Epidiolex, a legal cannabidol product, which was only successful in about 30 per cent of cases.
“That’s about one doctor per 1 million people. It’s completely unworkable and it will never work.”

According to a recent article in

“Twenty-one of those doctors are based in New South Wales, and there are two in Queensland. All of these doctors are paediatric neurologists. They are authorised specifically to prescribe to children with neurological conditions. That means patients with other conditions, for example terminal cancer, cannot access medical cannabis through these authorised prescribers.”

We believe that the current situation is unfair for the majority of Australians who could potentially benefit from CBD Oil. We hope that a workable solution emerges in the future.

So far no Australians have been prosecuted for purchasing CBD Hemp Oil or importing it from overseas.

Lateline also published an article about the red tape doctors and patients are tied up in and why frustrated parents are turning to the black market to supply their needs.

“It’s the layers of regulation that are the problem and the inconsistency with which decisions are made.

According to ABC in their recent article regarding the problems with so much Medical cannabis red tape

“Simon Sweeting suffered chronic back pain for decades after a fracture and several surgeries.

For years he sought relief from a cocktail of opioids and other painkillers, but when the pain got worse and the side effects from the medication became too much, his GP began the long process of applying for permission to prescribe medical cannabis.

“[My GP] was denied by the TGA [Therapeutic Goods Administration]. [Then] my specialist tried to apply, and he was denied by NSW Health and the TGA,” he said.

Two years later, with the help of a lawyer working pro-bono, Mr Sweeting obtained a prescription and his cannabis medication, no longer needing his other painkillers.

He is one of 500 Australians who now use medicinal cannabis legally.”

Legal, but inaccessible

According to Sydney Criminal Lawyers in a recent blog post

It’s been over two years since legislation was passed to set up a system of legal cultivation and production of cannabis products for medicinal use. But, despite the Office of Drug Control (ODC) having now issued 35 cannabis-related licences, there’s still no domestic product available.

In February last year, minister Hunt launched a fast-track medicinal cannabis importation scheme to cover the delay in local product availability. This imported medicine is now stockpiled in warehouses, as only 525 patients, out of an estimated 100,000 who use cannabis, have been permitted access.

And on top of all this, the Turnbull government has twice blocked rapid access to imported products to the terminally ill since November 2016.


We recommend that you to stick with reputable companies who test their products properly for efficacy and safety.


Your ability to import hemp products is dependant on the Department Immigration and Border Protection. If unsure, check with these guys.


The closest product to being legally registered is the GW Pharma Epidiolex ® (Cannabidiol CBD isolate)  but this will only be available to the masses after our State Governments have paid for hospital trials on Epilepsy which may take years to complete. Read our in depth discussion about Epidiolex here.

In Victoria some patients were allowed to legally import Medicinal Cannabis from Canada from a company called Tilray, their products contain THC as well as CBD


The Office of Drug Control – Medicinal Cannabis

Guidance for the use of Medicinal Cannabis in Australia – Patient Information

In September 1988 Francis L.Young , the chief administrative law judge of Drug Enforcement Administration presented a sixty nine page opinion regarding cannabis, which he called marijuana. He stated that ‘marijuana in its natural form is one of the safest therapeutically active substances known to man‘ and ‘By any measure of rational analysis marijuana can be safely used within supervised routine medical care. To deny marijuana to patients who need it would be unreasonable, arbitrary and capricious‘.

United In Compassion Panel Discussions

United in compassion held several sessions and panel discussions debating the legal aspects of Medicinal Cannabis in Australia. You can watch the videos below.

Optimizing Medicinal Cannabis Policy in Australia (Video)

Panel Participants

Simon Eckermann is Senior Professor of Health Economics at the Australian Health Services Research Institute and University of Wollongong.

Bill Turner is the head of the Office of Drug Control and the author of the Narcotic Drugs Amendment Bill for the Australian Government Department of Health

The Hon. Adam Searle MLC is the Leader of the Opposition in the NSW Legislative Council and has been an Australian Labor Party member of the New South Wales Legislative Council since May 2011. He was the author of the recent NSW Labor Medicinal Cannabis Bill known as the Public Health (Medicinal Cannabis) Bill 2017

The Hon. Trevor Khan is the Nationals member of the New South Wales Legislative Council and serves as Deputy President and Chair of Committees. Khan has been a member of the Council since 24 March 2007.

The Hon. Tammy Anne Franks, is a Greens member of the South Australian Legislative Council where she has actively championed access to medicinal cannabis for South Australians in that Parliament. She has early this year had her private members bill for legal Industrial Hemp production and cultivation (including medicinal cannabis research crops) passed through that Parliament prompting the Minister for Manufacturing and Innovation to establish the SA Office for Industrial Hemp and Medicinal Cannabis within the Department of State Development.

Deepak Anand is the Executive Director of the Canadian National Medical Marijuana Association (CNMMA)which helped Health Canada develop their Medical Cannabis regulations which are now famous all over the world

Jeffrey Hergenrather MD is a general practitioner from the USA specialising in cannabis / cannabinoid medicine since 1999. His medical experience includes 26 years in emergency medicine and private general practice that includes the use of cannabis since 1977.

Evidence & Obstacles Making Australian Medicinal Cannabis Legislation Work (Video)

Panel Participants.

Dr Bastian Seidel

Studied medicine in Germany and South Africa. Currently he works as a GP in the Huon Valley in Tasmania, he was elected as the President of the Royal Australian College of General Practitioners (RACGP) in September 2016 where he represents over 30,000 GPs. He also enjoys a teaching role as Clinical Professor with the University of Tasmania.
When elected to the presidency of the RACGP he said, “I will be passionate and vocal in advocating for primary healthcare and look forward to the challenge ahead”. Dr Seidel we hope that you can rise to the challenge of introducing Medicinal Cannabis to the mainstream of General Practice through education and encouragement of your peers. We strongly welcome you and thank you for your participation at this symposium.

Mr Bill Turner

Director of the Office of Drug Control who we met yesterday.

Mr Mick Palmer

A barrister and 33-year career police officer with extensive experience in police leadership and reform in community, national and international policing.He was appointed Commissioner of the Northern TerritoryPolice, Fire and Emergency Services agency in 1988 and Serve in that position until 1994 when he was appointed Commissioner of the Australian Federal Police (AFP). Mr Palmer held this position for 7 years until his retirement in March 2001.

Mr Simon Sweeting

A patient who has tried unsuccessfully to access a legal supply of medicinal cannabis to manage his chronic pain. He will share his experience in a system which many feel was broken before it even began.

Steven Peek

Father of a child with intractable epilepsy who has tried desperately to access cannabis legally….and failed

Simon Eckermann

Senior Professor of Health Economics at the Australian Health Services Research Institute and University of Wollongong.


No part of this article should be taken as legal advice, please check with your local government and law enforcement officers for the current regulations in your state.