Your Local Guide to Hemp: Is Hemp Oil Legal in Australia?

Jeff Yauck | October 10, 2022

For generations, the Australian government has held a notoriously tough stance on cannabis. Recently, however, legislative changes have paved the way for the legal use of hemp, which is technically a form of low-THC cannabis that does not get users high.

For the many people out there wondering whether or not hemp oil is legal in Australia, we’ve put together this article as your one-stop informative guide.

Is Hemp Oil Legal in Australia?

Allow us to clear the air once and for all. Is hemp oil legal in Australia? The answer today is yes. For a long time, if you pulled up Google and asked the question, ‘is hemp oil legal in Australia,’ the answer would have been a loud, resounding NO. The good news is that views are gradually changing on this super-plant, and laws in Australia are beginning to reflect that.

The Definition of CBD Oil in Australia

The terminology in the Australian hemp market can sometimes be confusing. There are a few different classifications for terms with the word ‘hemp’ in them, so we are going to clarify your options so you can decide what’s best for you.

Hemp Oil (Sometimes Called CBD Oil)

This is the type of hemp oil we feature in our products. In some areas, this form of hemp oil is called CBD oil, and it is derived from full-plant industrial hemp, meaning the leaves, stalks, stems, flowers, etc., are all utilised to extract the hemp content (or CBD content). If you’re looking for hemp oil in Australia that has renowned properties, this is what you’ll be going for.

Hemp Seed Oil (Not CBD Oil)

This is where things can get confusing. Many shops throughout Australia sell hemp seed oil, which should not be confused with hemp oil. Unlike hemp oil in Australia, which is extracted from full-plant industrial hemp, hemp seed oil is not the same as CBD oil and is an extract of just the hemp seeds of the industrial hemp plant. If you’re looking for the beneficial properties of hemp oil, you’ll want to avoid hemp seed oil.

Always check a company’s third-party lab reports to determine if their products really are what they say. Here at Premium Jane Australia, all of our options are hemp products, NOT hemp seed products, and we have the lab reports to back this up.

Hemp Oil Australia: Legal or Not?

You may be asking, ‘why is hemp oil legal in Australia?’ Though hemp oil and products made from hemp extract are now legal in Australia, there is still a bit of confusion out there when it comes to actual hemp laws in Australia.

Last year, Australia’s Therapeutic Goods Administration (TGA) announced that hemp extract products (including CBD) were going to be downgraded to “Schedule 3.” What does this mean? Basically, it means hemp-derived CBD products are allowed to be sold in Australian pharmacies.

But there’s a catch.

Even though CBD oil is legal in Australia per the TGA, hemp-derived CBD products still have not yet received approval by the Australian Register of Therapeutic Goods (ARTG) for in-store sale. In other words, while CBD is legal in Australia, there’s nowhere to actually purchase real, authentic CBD products. Australian residents can find hemp seed oils for sale, but these are not the same thing as actual hemp-derived CBD oils, aka hemp oils. The seeds of hemp do not contain CBD, meaning they are more or less useless if you’re trying to use them for therapeutic wellness purposes.

The good news is that while authentic CBD products can’t (yet) be bought in physical stores in Australia, they can be bought online since online sales are not under the jurisdiction of the Australian Register of Therapeutic Goods (ARTG).

Hemp Oil Australia: The Legal Status and How to Buy

Now that you know the hemp oil Australia laws, you may want to know where to buy it. If you’re in Australia and want to buy quality CBD, you’re not going to find real, authentic products in physical retail stores or pharmacies. Your only real option (unless you get hemp seed oil) is to purchase online from one of Australia’s few authentic CBD manufacturers.

One of these manufacturers is us here at Premium Jane Australia. Our entire product range is compliant with TGA regulations, meaning they contain at least 98% cannabidiol and less than 0.005% THC. We stock some of the purest and highest quality hemp oils, gummies, and topicals/cosmetics on the market, and we offer fast and free shipping across Australia.

The Future of Australian CBD and Hemp Laws

As the government slowly reduces its tough stance on cannabis, we can expect a boom in the Australian hemp and CBD industries. In fact, some experts predict the market will be worth a whopping $61.5 billion by 2024.

This is an extremely positive sign for industrial hemp in Australia. As the government begins to reap the industry’s rewards through taxes, increased employment, and export relations, more and more funding will start to flow into studying and better understanding the incredible health benefits of hemp.


All things considered, hemp oil Australia laws aren’t that confusing – it’s just the conversation around the laws that is.

The only permitted hemp oil (not to be confused with hemp seed oil) in Australia is that which contains 0.005% or less THC; if it is any higher, it falls into the illicit drug category and is no longer legal.

As long as a licensed hemp oil product contains THC levels lower than mentioned above, it can be legally sold online. However, it is important to always be on the lookout for fraudulent companies that are pithcing low-quality oils at premium prices, disguising them as authentic CBD products when in reality they are likely hemp extract products made from pressed seed oil.

As a consumer, always remain vigilant and know what you are buying, and who you are buying it from. At Premium Jane, all of our products are analyzed and tested by 3rd-party laboratories to verify cannabinoid content. We are currently one of Australia’s only authentic CBD manufacturers, and we welcome you to shop our entire product range and start exploring today the exceptional wellness potential of this incredible compound.