Law and access, in general terms
Rules about cannabis-based medicines are layered, and they change. This page explains the ideas behind them in general terms and tells you where to check the current position.
Why medicines are regulated
Medicines can do real good and real harm. Regulators exist to decide whether a medicine’s likely benefits outweigh its risks for the use it is meant for, and to check that it is made to a consistent standard. This is true for medicines of every kind, not only those made from cannabis.
Cannabis-based substances get extra attention for a few reasons. They have effects on the mind and body, they have a long history of controls under drug laws, and research on them is still developing. Because of this, several different sets of rules can apply at once.
Who decides what
At the national level, the Therapeutic Goods Administration (TGA) regulates therapeutic goods, which include medicines. It decides what goes on the national register of approved medicines and publishes information about how medicines can be supplied.
States and territories have their own laws as well. They cover things like who may possess or supply certain substances, how health professionals must handle them, and rules for driving. That is why the answer to a legal question can be different in different parts of Australia.
What “scheduling” means
Australia sorts medicines and poisons into groups called schedules. A substance’s schedule affects how it can be supplied: for example, whether it can be sold over the counter, whether it needs a doctor’s authority, or whether it is tightly controlled. Where a particular cannabis-based substance sits in this system is decided in the national standard, and it can change. Check the current position with the TGA.
Pathways exist, and this guide does not explain them
For medicines that are not on the national register, the TGA has pathways that allow some to be supplied in particular circumstances, under the care of a doctor. Names you may see include the Special Access Scheme and Authorised Prescriber arrangements.
This guide does not explain how those pathways are used, and it does not say that any of them applies to you. Those decisions rest with your doctor and the regulator. If you want to know how the system works, the TGA website is the authority.
Why “legal” in a headline can mislead
The word “legal” is used loosely. It can mean that research on a substance is allowed, that a medicine is approved, that a doctor may supply it in certain cases, or that a person may possess it. These are different things. A headline that says something is “legal” may be true for one of them and false for the others.
Driving and work
Rules about driving with drugs in the body differ between states and territories. In some places, having certain substances in your system can be an offence even if you feel fine. Whether a medical reason makes a difference also depends on the state or territory. Separately, anything that affects alertness or coordination can make driving unsafe. For the current rules, check your state or territory transport authority.
Workplaces can have their own policies too, especially for jobs where safety matters. Your employer’s policy and your state or territory work health and safety regulator are the places to check. Your doctor or pharmacist can talk through how a medicine might affect your day.
Travel and moving between states
Carrying medicines across a state border or an international border can have rules of its own. Do not assume a rule that applies at home applies elsewhere. Check with the relevant health authority before you travel.