The Legal Status of CBD Oil in Australia

This article is a guide to the legal status of CBD in the Commonwealth of Australia. By the end of the article, you will be aware of the legal status of cannabidiol oil and related products in the country. You will also be aware of the regulations that affect the legality of CBD oil in the country.

Without any further delay, let’s begin.

Why do people want to know about the legality of CBD in Australia?

So dozens of readers have asked as in the past whether our website is legal, while others have directly hit the nail on the head and asked as if the products we are reviewing are allowed by the government in the first place.

Both types of questions are basically asking the same thing – what are the CBD laws in the country?

It is very confusing for most people because we all know that marijuana aka cannabis has been illegal since time immemorial and nothing has changed on that front. So why would cannabis oil be allowed yet it is derived from cannabis and it alters the mind the same way.

Well, the main thing that most people don’t know is that cannabis oil (oil from the marijuana plant) is legal for use but only under the medical cannabis program. You have to apply and the condition you are suffering from has to be one that is on the list of approved conditions.

Otherwise, you will not succeed in your quest to be part of the medical cannabis program.

All those who are not registered cannot get the oil legally.

However, there is good news for those who are not in a position to register for the program. The good news is the fact that CBD (Cannabidiol) can also be derived from the industrial hemp plant.

The Industrial hemp plant is a strain of the cannabis plant that can and is legally cultivated across Australia in places like Tasmania and in many other places around the globe including Canada and the United States.

Depending on the processing company, hemp-derived cannabidiol can have the same kind of strength and potency as marijuana-derived cannabis oil. So it is mainly a matter of who you are buying from.

Many Australians have become familiar with cannabis oil because of the dozens of viral stories that highlight the miraculous benefits of CBD oils including their usefulness in the treatment of epilepsy, stress, anxiety, insomnia, pain, and inflammation.

These stories have given hope to millions of Australians suffering from different conditions who would like to know whether they too can lawfully enjoy the benefits of cannabis oils.

Sydney Harbour, Australia
Sydney Harbour, Australia

The exact legal status

In Australia, hemp-derived CBD oil is 100% legal. It is referred to as a dietary supplement by the name hemp oil for legal reasons.

You do not need a prescription to get hemp oil in the country. You see it, you buy it.

Cannabis oil which is derived from marijuana is only legally available to those who have applied and successfully registered for the medical cannabis program.

The less regulated hemp oil is cheaper and does not have any psychoactive effects compared to the cannabis oil which is expensive and can cause psychoactive effects. So there is nothing you are really missing out on by going for hemp oil.

The actual laws the clearly state the lawfulness of CBD

The state ministers of health and the federal minister for health agreed in early 2017 to allow the trade of low-THC hemp seeds and related products as food.

If you clicked on the link you will see the government communique on the agreement.

So from the moment, the decision was made, it became lawful to sell hemp seeds and hemp products as food/ dietary supplements in the country. Remember the only condition is that it has to be low-THC. There are no conditions on cannabinoid levels or anything like that based on the communique.

So it is safe to say that you can freely get and use hemp oil.

Whether you can buy CBD oil from other countries?

If you want to import, you can do so freely as long as the oil is not labelled as CBD and is only sold as a dietary supplement.

If the product is labelled as CBD or if there are medical claims on the label, the product may be seized at the border and destroyed.

What’s more, if you would like to buy cannabis oil (marijuana-derived oil) you will need to apply for a license for that.

Imported CBD product
Imported product

What is the importation process?

For hemp CBD oil you do not need to apply for any license. You simply need to find a site that ships to Australia and then make your purchase. Lucky for you we have reviewed some of the sites that provide fast shipping to Sydney, Melbourne, Brisbane and Perth.

Even though importing is not illegal, there are some conditions that the hemp oil has to meet. The Department of Agriculture which is mandated to control the import of foodstuffs into the country says that hemp food products must not imply that the product causes psychoactive effects, must not show marijuana plant images on the label, must not make any health claims, and must not use the words marijuana or cannabis on the label. So if you are buying online you will need to ensure that the CBD oil product meets these conditions, otherwise, it won’t get to you as fast as you need it.

Final thoughts

As you can see, cannabis oil is perfectly lawful in Australia and can be bought anywhere without a prescription. However, it should have very low THC for it to be legal.

Those who have qualifying conditions can also apply to be registered to the more official but slightly more expensive medical cannabis program to access cannabis oil with both CBD and THC.

You can also legally import hemp CBD oil from international sites based on the information provided by the Department of Agriculture.