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Though the Australian medical cannabis laws changed almost a decade ago, a lot of people don’t know too much about it. This blog article aims to give you clarity on CBD law and medical cannabis laws in Australia, helping you to make a more informed decision about your medical treatment options. To begin, let’s take a look at CBD, the laws surrounding it, what it is, and how to access this incredible treatment option.

  • Understanding CBD law in
    Australia

  • Most Australians would have heard about CBD in recent years. Most people don’t know that CBD is the non-psychoactive compound in cannabis called cannabidiol. That means that it doesn’t make you high, but it does have numerous therapeutic benefits.

    Thanks to the CBD law in Australia introduced in 2016, thousands of people now have access to this incredible treatment option through a prescription, but acquiring it does involve an eligibility process. CBD laws state that CBD is classified as a Schedule 4 (prescription-only) medicine under the Therapeutic Goods Administration (TGA). This means that the only way to access CBD medicine is via a consultation with a medical professional and a prescription. The CBD supply chain and its distribution is overseen by the Office of Drug Control, ensuring thorough regulation, licensing, and high-quality products. Whereas the TGA regulates patient access and the quality, safety, and efficacy (i.e. efficiency) of medicinal cannabis products.

Legal access to CBD

If you’re interested to explore what CBD treatment could do for you, you’ll need to go through this process:

  1. The first step is to check your eligibility (you can check via our new patient questionnaire) and consult a registered healthcare provider who can help you assess if the treatment is right for you.
  2. If deemed appropriate to your individual circumstances, your healthcare provider can write a prescription.
  3. To purchase CBD products, you will need to go to a pharmacy that dispenses medicinal cannabis products (like Essence Dispensary). The CBD laws in Australia are strict about who can sell CBD, ensuring that patients will receive safe and quality products.  

If you have questions or concerns about obtaining CBD products in Australia, you can chat to our expert pharmacists or check out our FAQs page.

Overview of Australian medical cannabis laws

Since 2016, Australian medical cannabis laws have seen significant changes. Amendments to the Narcotic Drugs Act legalised the cultivation and use of cannabis for medicinal purposes. However, the government ensures that growers and suppliers adhere to stringent regulations to ensure Australian residents receive a safe and quality product. Part of the strict medical cannabis laws in Australia means that individuals wishing to use this medicine will require a prescription. It’s essential to consult a registered medical practitioner to assess your needs and obtain all necessary approvals. It’s also necessary to purchase medical cannabis from an approved supplier selling products specifically listed on the Australian Register of Therapeutic Goods (ARTG). If you need more information on how to get medical cannabis in Australia, feel free to reach out to the Essence Dispensary team or check out our blog articles for more information.

Navigating the prescription process of medical CBD and cannabis

Over the past decade, many Australians will have heard positive things about the benefits of medical CBD and cannabis. The adjustment in CBD law and medical cannabis laws in Australia means that many have now witnessed the therapeutic benefits in a friend or family member or experienced it for themselves firsthand. However, those wishing to obtain a prescription for this incredible treatment must understand the process involved. Australian authorities are heavily monitoring the cultivation and sale of all CBD and cannabis products to ensure proper standards are met.

The following process outlines the steps involved if you’re considering trying CBD or cannabis-based medicine.

The consult

After checking your eligibility for CBD or medical cannabis via our patient questionnaire, the first step is to book a registered healthcare provider for a consultation to discuss your condition and symptoms. Your healthcare provider/prescriber will then consider the therapeutic benefits of various products and determine which one is right for you.

If eligible, we can help arrange a consult with a health practitioner in-person at Essence Dispensary.

The application, prescription, and purchase

Most medical cannabis products require the TGA to approve the prescription to enable the pharmacy/dispensary to dispense the medical cannabis product/medicine. Your healthcare provider will handle the application process—either through the Special Access Scheme or as an Authorised Prescriber—to ensure you can access
the medicine that’s right for your needs. Once approved, your healthcare provider will give you the prescription with the TGA approval and may also recommend an authorised supplier that complies with all CBD laws and Australian medical cannabis laws. When submitting your prescription to a dispensary such as Essence Dispensary, you’ll find that the e-script process requires the TGA approvals to be uploaded with your script.

Compliance and legal risks

You must adhere to Australian medical cannabis laws and CBD regulations. These laws and regulations exist to monitor the industry and ensure that all medical products are compliant, reliable, and safe. Additionally, even though Australian medical cannabis laws have become more relaxed to enable better and easier access over recent years, legal repercussions still apply to people who fail to follow the compliance rules.

Legal risks of non-compliance

When prescribed medical cannabis or CBD products, it’s vital to ensure that your use and possession of medical cannabis or CBD products complies with all medical cannabis laws in Australia. Aside from complying from driving laws, international travel laws, and any workplace drug policies, patients must keep CBD products its original packaging with the pharmacy labels. If a person possesses or purchases unapproved products, they may be liable for legal action and heavy fines, which vary by state/territory. Failing to follow the prescription guidelines can also result in penalties. Remember, unregulated products are always at risk of being unsafe, so it’s best to ensure you know that your medical cannabis or CBD product is dispensed by a reputable pharmacy/dispensary.

Breathing and centering

Driving laws and CBD use

Though most CBD products don’t contain psychoactive ingredients that can impair a person’s ability to drive, some full-spectrum products can. Unlike THC-containing products, CBD is not detected in standard roadside drug tests. If a person undergoes a roadside drug test and is found to be driving under the influence of THC, they’re subject to facing legal consequences. To find out more about driving while taking alternative medicine, check out our FAQs page or consult with your healthcare provider to ensure safe and responsible use.

Future developments in CBD law

As new treatments are discovered and studies are carried out, the CBD laws and Australian medical cannabis laws will continue to evolve. To keep up to date with the latest policies, regularly check in with your dispensary or healthcare provider. To stay informed, subscribe to our newsletter click here. We like to share information to help and support our patients.

Frequently asked questions

Is CBD legal in Australia for medical use?

Yes! But, most CBD products do require a prescription from a medical practitioner. Once a prescription and TGA approval is obtained, individuals can then use an approved dispensary to purchase their medicine. CBD laws in Australia are frequently changing, so if you’re unsure about anything, it’s best to reach out.

What's the process for obtaining a prescription for CBD?

The first step is to check your eligibility click here and then book a consultation with a healthcare professional to discuss treatment options. If appropriate, they will provide you with a prescription and TGA approval to purchase CBD products at an authorised pharmacy/dispensary.

Are there any driving restrictions when using CBD products?

Many CBD products don’t contain THC, the psychoactive ingredient in cannabis, but if they do, it’s illegal to drive while under the influence. Note: Even after several days, traces of THC may persist and be detectable. Your healthcare practitioner and dispensary pharmacist will give you the necessary information related to your prescribed product to give you a solid overview of anything you shouldn’t be doing.

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