Is it legal to grow hemp in Australia?

Yes, with a licence from your state or territory regulator. Growing without a licence is illegal. Industrial hemp must contain no more than 1% THC in its leaves and flowering heads in every state and the Northern Territory. The ACT repealed its hemp licensing Act in May 2025.

What is the THC limit for industrial hemp in Australia?

1% THC in the leaves and flowering heads in NSW, Victoria, Queensland, Western Australia, South Australia, Tasmania and the Northern Territory. Victoria, Queensland and South Australia also apply a 0.5% standard to seed. Hemp seed foods have far lower limits, such as 10 mg/kg THC for hemp seed oil.

When did hemp seed food become legal in Australia?

On 12 November 2017, when FSANZ changes to the Food Standards Code took effect. They allow foods made from hulled, non-viable seeds of low-THC hemp, with limits on THC and CBD and restrictions on how products are labelled and described.

Can a hemp farmer grow medicinal cannabis?

Not under a hemp licence. Growing cannabis for medicinal or related research purposes needs a licence from the Office of Drug Control under the Narcotic Drugs Act 1967. Tasmania and Queensland also bar extracting cannabinoids under a hemp licence.

Does hemp seed oil contain CBD?

Only small amounts are allowed. Under the Food Standards Code, no food, including hemp seed oil, can contain more than 75 mg/kg of CBD, and labels cannot make nutrition or health claims about CBD. Hemp seed oil is a food, not a CBD medicine.

Can I import hemp products into Australia?

The Office of Drug Control says hemp seed and fibre products can be imported without a licence or permit, under a specific import approval. Extracts from other parts of the plant are treated as drugs, and Australian Border Force seizes CBD products imported without permission.

Who regulates hemp in NSW?

The NSW Department of Primary Industries and Regional Development licenses low-THC hemp under the Hemp Industry Act 2008. The Hemp Industry Regulation 2026 applies from 1 September 2026, with new licence conditions on removing leaves before plants leave the property and on testing each crop.

Hemp in Australia: What’s Legal in 2026

By Medicated TV · by the patient, for the patients · Reviewed 28 September 2026

Quick answerYes. Industrial hemp is legal to grow in Australia's states and the Northern Territory under a licence, with THC capped at 1% in leaves and flowering heads. Hemp seed foods have been legal since 12 November 2017. Hemp is not medicinal cannabis, which needs Commonwealth licensing.

Hemp and medicinal cannabis come from the same plant species, Cannabis sativa, but Australian law treats them very differently. Industrial hemp is a farm crop with very low levels of THC (tetrahydrocannabinol), grown under state and territory licences. Medicinal cannabis is licensed by the Office of Drug Control (ODC), and the finished medicines are regulated by the Therapeutic Goods Administration (TGA).

From the patient side (Medicated TV founder Irish Wick sat in on State Health patient advisory boards), getting these words right matters. This guide explains what is legal in September 2026, state by state.

What is the difference between industrial hemp and medicinal cannabis?

Industrial hemp is low-THC cannabis grown under a state or territory licence for fibre, seed and food. Medicinal cannabis is grown under a licence from the Office of Drug Control and made into medicines that the TGA regulates and a doctor prescribes. Different laws, different purposes.

Industrial hemp vs medicinal cannabis in Australia
Feature	Industrial hemp	Medicinal cannabis
Who licenses growing	State or territory agriculture or biosecurity agency	ODC, under the Narcotic Drugs Act 1967
THC in the crop	No more than 1% in leaves and flowering heads	Not limited to low-THC plants
End uses	Fibre, seed, food, textiles, building materials	Medicines supplied on prescription
Extracting cannabinoids	Not allowed under hemp licences in states such as Tasmania and Queensland	Done under Commonwealth licences and permits
Who can buy the end product	Anyone, for example hemp seed foods	Patients with a prescription

What are the THC limits for industrial hemp in each state?

Every state and the Northern Territory caps industrial hemp at 1% THC in its leaves and flowering heads. Some states also set a 0.5% standard for seed used for sowing. The Australian Capital Territory repealed its hemp licensing Act in May 2025, so get local advice first.

The headline limit is now the same across the states, but the laws, regulators and seed rules differ. Older articles may quote lower limits: Western Australia, for example, raised its limit from 0.35% to 1%.

Industrial hemp rules by state and territory (checked September 2026)
State or territory	Main law	Licensing body	THC limit (leaves and flowering heads)	Notes
New South Wales (NSW)	Hemp Industry Act 2008; Hemp Industry Regulation 2026	Department of Primary Industries and Regional Development (DPIRD)	1%	New regulation from 1 September 2026, with new rules on leaf removal and crop testing
Victoria	Drugs, Poisons and Controlled Substances Act 1981 (Part IVA)	Agriculture Victoria	1%	Seed for sowing from crops at 0.5% or less; crops between 0.5% and 1% for processing only. Stand-alone hemp law consulted on in late 2025
Queensland	Drugs Misuse Act 1986 (Part 5B)	Biosecurity Queensland	1%	Planting seed 0.5% or less
Western Australia (WA)	Industrial Hemp Act 2004	DPIRD WA	1%	Previously 0.35%
South Australia (SA)	Industrial Hemp Act 2017	Primary Industries and Regions SA (PIRSA)	1%	Parent plants for certified seed 0.5% or less
Tasmania	Industrial Hemp Act 2015	Department of Natural Resources and Environment Tasmania	1%	Extracts not permitted under a hemp licence
Northern Territory (NT)	Hemp Industry Act 2019	Department of Agriculture and Fisheries (Hemp Compliance Unit)	1%	Commercial and research licence classes
Australian Capital Territory (ACT)	Hemp Fibre Industry Facilitation Act 2004, repealed May 2025	Check with the ACT Government	Not verified	Get advice before growing

These limits apply to the growing crop. Food made from hemp seed has its own, much lower limits, set in the Food Standards Code.

Who licenses hemp growers, and what does the Office of Drug Control do?

States and territories license industrial hemp growers through their agriculture or biosecurity departments. The Office of Drug Control is a Commonwealth regulator. It licenses the cultivation and production of cannabis for medicinal or scientific purposes and issues import and export permits. A hemp licence does not cover medicinal cannabis.

The ODC runs the national scheme under the Narcotic Drugs Act 1967, which controls the quantities and strains of cannabis that can be grown for medicinal and related research purposes. The finished medicines are then regulated by the TGA. Growing cannabis for personal use remains illegal in NSW.

For hemp, the practical steps usually look like this:

Apply to the regulator in your state or territory (see the table). Queensland, for example, offers grower, researcher and seed handler licences.
Use approved seed. Victoria and Queensland apply a 0.5% THC standard to seed for sowing.
Test your crop. From 1 September 2026, NSW licence holders must test each crop in line with the Hemp Industry NSW Licence Manual.
Report failed tests. In NSW, a result above 1% THC must be reported to the Department within 24 hours.
Stay within your licence. In South Australia, crops above 1% THC may be referred for criminal investigation.

Are hemp seed foods legal in Australia?

Yes. Food made from the seeds of low-THC hemp has been legal in Australia since 12 November 2017, when changes to the Food Standards Code took effect. Seeds must be hulled and non-viable, and foods must meet strict limits on THC and CBD (cannabidiol).

Food Standards Australia New Zealand (FSANZ) made the change through Proposal P1042, approved in 2017. The rules sit in Standard 1.4.4 of the Food Standards Code, which has not been amended since. The seeds must come from low-THC plants, with no more than 1% THC in the leaves and flowering heads.

Hemp seeds: no more than 5 mg/kg total THC.
Hemp seed oil: no more than 10 mg/kg total THC.
Hemp seed drinks: no more than 0.2 mg/kg total THC.
Other seed products: no more than 5 mg/kg total THC.
CBD in any food: no more than 75 mg/kg.
Labels: cannot suggest a psychoactive effect, make nutrition or health claims about CBD, show cannabis plant images other than seeds, or use the words "cannabis" or "marijuana". "Hemp" is allowed.

How well do products comply? An FSANZ survey of hemp seed foods collected in 2019 and 2021 found 96% met the total THC limits and all met the CBD limit, but 65% did not comply with the labelling rules.

What hemp products are legal in Australia?

Hemp fibre and seed can be used in textiles, paper, building materials, packaging, cosmetics, biofuels and food. The Office of Drug Control says hemp seed and fibre products can be imported without a licence or permit, but extracts from other parts of the plant are treated as drugs.

Textiles and paper: listed as hemp uses by South Australia's hemp regulator.
Building materials: both South Australia and Victoria list hemp building products among the crop's uses.
Packaging and biofuels: named by the Victorian Government in its November 2025 hemp reform announcement.
Cosmetics: also listed by South Australia's regulator.
Food: hemp seed products, within the food rules above.

Importing hemp products? Seed and fibre products fall under the Customs (Prohibited Imports) (Importation of Hemp Seeds and Hemp Derived Products) Approval 2018. Australian Border Force says it regularly seizes hemp and CBD gummies, oils and skincare imported without permission.

Why isn't hemp the same as medicinal cannabis?

Because the law treats them as different things. Hemp licences cover low-THC crops for fibre, seed and food, and some states ban extracting cannabinoids under them. Medicinal cannabis needs Commonwealth licensing, and the products are regulated as medicines supplied on prescription, not sold as farm or food products.

Tasmania: extracts are not permitted under an industrial hemp licence unless the holder also has a medicinal cannabis licence. Tasmania has clarified that hemp may be supplied to medicinal cannabis licensees.
Queensland: licence holders cannot extract CBD oil or supply plant material for CBD production.
South Australia: the hemp scheme excludes medicinal cannabis, which is regulated federally.
Food law: hemp seed foods are capped at 75 mg/kg of CBD, and labels cannot make health claims about CBD.
Medicines law: CBD medicines are prescription-only, and no over-the-counter CBD product was registered as at September 2026.

In plain English: low THC does not make a plant a medicine, and a hemp product on a shop shelf is not a prescription product.

What do people get wrong about hemp in Australia?

The big mistakes are treating hemp seed oil as CBD oil, assuming a hemp licence allows CBD extraction, quoting out-of-date THC limits, and missing recent law changes such as the new NSW regulation. Check your state regulator's current page before you grow, make or sell anything.

"Hemp seed oil is CBD oil." It is a food, with CBD capped at 75 mg/kg.
"My hemp licence lets me make CBD products." Tasmania and Queensland rule this out, and medicinal products need Commonwealth approval.
"The rules haven't changed in years." NSW replaced its hemp regulation on 1 September 2026, Victoria consulted on a stand-alone hemp law in late 2025, and the ACT repealed its hemp Act in May 2025.
"I can import any hemp product." Only seed and fibre products have the import exemption.

General information only, not legal or medical advice. Before growing, importing or selling hemp, talk to your state regulator or a lawyer, and talk to your doctor or pharmacist about medicines.

Sources

General information only, not medical or legal advice. Medicinal cannabis is a prescription medicine in Australia — talk to your doctor or pharmacist about your own situation.