Medicinal cannabis can be imported into Australia for the treatment of patients through several mechanisms.
The Department of Health and Aged Care has allowed for the bulk sponsored import of medicinal cannabis. Information about medicinal cannabis and existing licenced manufacturers and importers can be found on the ODC website: Importers and manufacturers of medicinal cannabis products. For medical practitioners using the SAS B and AP pathways, these products are readily available in Australia and there are no delays to access as these bulk sponsored imported products do not need to be imported for individual patients.
Personal Importation Scheme
Under the Therapeutic Good Regulations 1990 (Schedule 5, item 1), it is also normally allowable to import unapproved medicines (e.g. through the mail or by courier) for the use of the importer or the importer's immediate family, subject to specific requirements (see Personal importation scheme).
However, cannabis and therapeutic goods containing cannabis are excluded from personal importation, other than through the traveller's exemption (outlined below) because they contain a substance the importation of which is prohibited under the Customs (Prohibited Imports) Regulations 1956. Medicinal cannabis vaping devices are also excluded from personal importation other than through the traveller’s exemption.
Medical practitioner importation
Cannabis and therapeutic goods containing cannabis can be imported on a patient's behalf by a specified medical practitioner under the exemptions for certain uses of unregistered goods in the Therapeutic Goods Act 1989. To do so, a prescribing doctor must be licenced under the Customs (Prohibited Imports) Regulations 1956 to import the specific medicinal cannabis on behalf of a specific patient under Special Access Schemes A or B. The application form for that import licence can be found on the ODC website: Application forms.
Traveller's exemption for medicinal cannabis substances
Under subregulation 5(2) of the Customs (Prohibited Imports) Regulations 1956, a traveller on board a ship or aircraft entering Australia may import a drug where it is required for medical treatment for the person (or someone the traveller is caring for, who is entering Australia on the same ship or aircraft), and where it was prescribed and supplied for the purposes of that treatment.
The Therapeutic Goods Regulations 1990 limit the amount of medicinal cannabis that a traveller may import to a 3-month supply, unless the medicinal cannabis is intended for use in a vape. Evidence that the amount imported does not exceed those specified in the prescription for a 3-month period, or that the medicinal cannabis is intended for use in a vape, may be required to be provided on entry into Australia.
This exemption does not specify the country of origin of the prescription, but does require that the importer has a prescription given by a medical practitioner and was supplied to the person in accordance with that prescription (i.e. by dispensing through a pharmacist, rather than supply through some other form of retail or other mechanism). This may be evidenced in the packaging and label on the therapeutic good.
Note that a prescription is a particular form of medical documentation which is a higher standard of documentary evidence than the 'written authority' required for the personal import of non-controlled substances. Medicinal cannabis is often provided in other countries by mechanisms other than a prescription, and such authorisations/provisions may not meet the requirements of the Customs (Prohibited Imports) Regulations 1956.
Traveller's exemption for medicinal cannabis vaping devices
Under subregulation 5A(2) of the Customs (Prohibited Imports) Regulations 1956, a traveller (or traveller's carer) on board a ship or aircraft entering Australia may carry up to 2 vaping devices and 20 unfilled cartridges, capsules or pods for use with a vaping device, where they are presented as being for use in connection with the treatment of the traveller.
State and territory requirements
Please note that state and territory governments have specific requirements about prescription and possession of Schedule 8 medicines (which include most opiates, some benzodiazepines, and medicinal cannabis other than cannabidiol). These differ between each state and territory and may include that a prescription from a medical practitioner registered in that state or territory is required for lawful possession of the medicine.
In certain states, such as Tasmania, there are additional requirements for cannabidiol products which apply, even when in Schedule 4.
For further information it is strongly recommended that you contact your local state/ territory health department prior to travelling into Australia with medicinal cannabis.
Contact details for the states and territories can be found on our website at: Contacts for State/Territory medicines & poisons regulation units.
Page history
Updated information to better reflect the implications of the vaping reforms on the importation and supply of medicinal cannabis vaping substances and devices in Australia.
Updated information to better reflect the implications of the vaping reforms on the importation and supply of medicinal cannabis vaping substances and devices in Australia.