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As of 1 February 2021, you can buy up to 150mg of cannabidiol (CBD) per day in pharmacies across Australia without a prescription. For a stronger dose of medicinal cannabis though, you'll need to speak to your GP or specialist doctor and have a valid medical reason.
Yes, though the correct term applied to legal majijuana in Australia is medicinal cannabis. Since February 2021, pharmacies have been allowed to sell CBD oil, also known as cannabidiol, over the counter in Australia. But it's still likely to be a few months before it's actually available as no CBD oils have been approved for sale yet.
While other medicinal cannabis products are legal, they still require a prescription from a doctor and approval from the Therapeutic Goods Administration (TGA). Only a doctor can apply to the TGA to get medicinal cannabis; you can't do it yourself. The doctor needs to provide medical evidence that you need it, obtain permits and comply with relevant state laws.
Here's how the laws work in each state and territory:
In some cases, yes. Extras insurance typically covers non-PBS items – that means pharmaceuticals which aren't subsidised by Medicare. Medical cannabis is considered a non-PBS item.
However, to be covered by your extras policy, the non-PBS item must be registered with the TGA. At the moment, medicinal cannabis is only approved for certain health conditions, including cancer pain, neuropathic pain and palliative care.
If you can meet the conditions laid out by the TGA, you may be entitled to claim the cost of certain medicinal cannabis drugs on your extras insurance, including:
If you have private health insurance it may be worth speaking to your health fund directly about which kinds of treatments, and related costs, are covered by your policy.
Over-the-counter CBD oil generally won't be covered by your extras insurance, as funds typically only reimburse costs for prescription medicine.
However, if you have a prescription and you have an extras policy that includes cover for non-PBS pharmaceuticals, it may be worth checking with your fund directly.
Is recreational cannabis legal?
No, the use of cannabis for non-medicinal purposes is still illegal in Australia, with the exception of the ACT. Since 31 January 2020, the ACT allows for adults to cultivate up to 50 grams per person and a maximum of four plants per household.
The New South Wales medicinal cannabis compassionate use scheme gives police officers the right to use their discretion to not charge adults with a terminal illness for possession of cannabis that hasn't been prescribed by a doctor.
In January 2018, the Australian Government announced its intention to develop amendments to the Narcotic Drugs Act 1967 which will regulate the cultivation of cannabis for scientific and medicinal purposes. However, cannabis is still a highly regulated drug in Australia and use, possession or cultivation for non-medical purposes can lead to criminal or civil penalties.
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