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Cannabis and hemp laws
Australia
Medical legal nationwide; recreational decriminalized ACT only
Adult use
Decriminalized
Medical
Legal
Last reviewed
May 28, 2026
Australia
Cannabinoid status board
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Australia
Latest news and analysis
FAQ
Common questions
Is marijuana legal in Australia?
It depends where you are standing, recreational cannabis is illegal in every Australian state, legal in small personal amounts in the Australian Capital Territory, and medical cannabis is legal nationwide on prescription.
Is CBD legal in Australia?
CBD is a prescription medicine in Australia, regulated by the Therapeutic Goods Administration under the Poisons Standard.
Is hemp legal in Australia?
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.
Can you travel to Australia with cannabis or CBD?
Import and export of medicinal cannabis is legal with federal licensing. Personal importation of CBD requires a valid Australian prescription plus TGA approval under the Personal Importation Scheme; quantities are capped at three months' supply.
This is general information, not legal advice.
Seed Legality
Buying or selling viable cannabis seeds is illegal nationwide; even ACT home growers have no lawful seed source.
Hemp seeds
Restricted
Marijuana seeds
Illegal
Sale
Illegal
Transacting
Illegal
Gifting
Illegal
Viable cannabis seeds are controlled under every state and territory drug statute and the Commonwealth Criminal Code, so selling, buying or importing them is an offence across Australia, while the Office of Drug Control licenses medicinal cannabis cultivation under the Narcotic Drugs Act 1967. In the Australian Capital Territory, the Drugs of Dependence (Personal Cannabis Use) Amendment Act 2019 lets adults grow two plants each, yet acquiring or sharing seeds remains an offence, a recognized gap in the scheme. Industrial hemp seed is available only to growers holding state hemp licences under low-THC (commonly up to 1%) rules; hemp seed sold as food is required to be non-viable.
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This section is provided for informational purposes only and is not legal advice. Seed laws change frequently — verify current law with qualified counsel before making decisions.