Australia
Is Hemp Legal in Australia?
Status
Legal
Covers
Jurisdiction
Last updated
May 28, 2026
The short answer
Industrial hemp is legal to cultivate, process, and consume in Australia under a dual federal-state framework. Hemp seeds and hemp seed oil have been permitted as food since 12 November 2017 under FSANZ Standard 1.4.4, provided the seeds are non-viable and hulled and contain no more than 5 mg/kg THC. Whole leaves and flowering heads remain prohibited in food. Cultivation is licensed at the state level - NSW (Hemp Industry Act 2008), Victoria, Queensland, WA, SA, Tasmania, and the NT each issue separate licences with crop THC caps generally set at 1% in leaves and flowering heads (0.35% in some states), distinguishing industrial hemp from drug-type cannabis. FSANZ opened consultation in 2025 under Application A1236 to broaden permitted hemp food forms; a decision is pending. Unlicensed cultivation triggers drug-trafficking penalties even where the crop tests below 1% THC.
Key facts ·
Australia
Key facts
Rules at a glance
THC limit
<= 1% THC in leaves and flowering heads at cultivation (0.35% in some states); <= 5 mg/kg THC in hemp seed food
Regulator
Food Standards Australia New Zealand (FSANZ) and state agriculture departments
Key regulation
Food Standards Code Standard 1.4.4 (Low THC Hemp Seeds as Food); state Industrial Hemp Acts
Effective
November 12, 2017
Adult-use cannabis
Illegal
Medical cannabis
Legal
For brands and importers
Import and export rules
Hemp seed food products may be imported without a TGA licence if they comply with FSANZ Standard 1.4.4 (less than or equal to 5 mg/kg THC, non-viable hulled seeds) and pass Department of Agriculture biosecurity inspection. Viable hemp seed for cultivation requires both a state hemp licence and a biosecurity import permit. Hemp fibre, hurd, and finished textile or construction products import freely under standard customs tariffs.
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