Is Hemp Legal in Australia?
May 29, 2026
Industrial hemp is legal in Australia under state licences; hemp seed food is permitted since 2017 under FSANZ Standard 1.4.4. 2026 THC limits and rules explained.
Industrial hemp is legal in Australia under state licences; hemp seed food is permitted since 2017 under FSANZ Standard 1.4.4. 2026 THC limits and rules explained.
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.
Legal
Food Standards Australia New Zealand (FSANZ) and state agriculture departments
<= 1% THC in leaves and flowering heads at cultivation (0.35% in some states); <= 5 mg/kg THC in hemp seed food
Food Standards Code Standard 1.4.4 (Low THC Hemp Seeds as Food); state Industrial Hemp Acts
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.
