In Australia, the regulations around hemp and cannabis, including CBD products, have evolved over the years, reflecting changes in societal attitudes and medical research. Here’s a breakdown of the key regulations and legislative developments:
Cannabis and Hemp Regulations
- Medical Cannabis:
- Legalization Date: Medical cannabis was legalized in Australia in February 2016 under the Narcotic Drugs Amendment Act 2016. This legislation allows the cultivation, production, and manufacture of medical cannabis under a national licensing scheme administered by the Office of Drug Control.
- Access: Patients can access medical cannabis products through a prescription from a registered medical practitioner, available under the Special Access Scheme or via an Authorized Prescriber.
- CBD Regulation:
- Reclassification: As of February 2021, low-dose cannabidiol (CBD) was down-scheduled to a Schedule 3 drug under the Poisons Standard, allowing it to be sold over-the-counter in pharmacies without a prescription. This reclassification applies to CBD products containing up to 150 mg per day for adults, and these products must contain no more than 2% of other cannabinoids typically found in cannabis.
- Hemp Products:
- Industrial Hemp: Cultivation of industrial hemp in Australia is legal, with each state and territory having its own specific regulations regarding the licensing and production. Hemp crops must have a THC content of 0.35% or lower, depending on the state.
- Hemp Foods: Sale and consumption of hemp seed foods were legalized in Australia in November 2017. Hemp seeds, oil, and other derivatives must also contain very low levels of THC.
Recent Legislative Attempts
- Over-the-Counter CBD: The major recent legislative change is the down-scheduling of CBD, which was a significant move to increase access to cannabis-based products without the need for a prescription. This change came after recommendations from the Therapeutic Goods Administration (TGA) recognizing the safety profile of low-dose CBD.
- Continued Medical Cannabis Expansion: Efforts continue to streamline access to medical cannabis, with ongoing discussions about further integrating medical cannabis treatments into the healthcare system and expanding the conditions for which it can be prescribed.
Inhalable CBD Products
- Legal Status of Inhalable Products: While medical cannabis can be prescribed in various forms, including vaporizable products, over-the-counter CBD products such as those used in vaporizers are not currently allowed under the new scheduling status. The TGA has been cautious about allowing inhalable forms of CBD due to concerns about the risks associated with inhalation.
- Regulatory Considerations: Although prescribed medical cannabis can include inhalable products, the availability and regulation of these products are tightly controlled, and they must be prescribed by a doctor. Over-the-counter CBD products are currently limited to non-inhalable forms, such as oils, capsules, and topicals.
Australia’s cannabis regulations are designed to ensure that access to cannabis for recreational use remains illegal, while expanding access for medical and therapeutic uses under controlled conditions. The regulatory environment is adaptive, with ongoing reviews that could potentially further modify how cannabis and hemp products are accessed in the country.
