Medical plant-based therapy has been legal in Australia since 2016, but each state and territory enforces its own regulations regarding prescription, supply, and patient access. Understanding these laws is crucial for patients, healthcare providers, and advocates.
This guide explores how medical plant-based therapy is regulated across different Australian states and what patients need to know before accessing treatment.
Federal vs State Regulation of Medical Plant-Based Therapy
The Therapeutic Goods Administration (TGA) oversees the approval of medical plant-based therapy at a national level, but states and territories have their own laws on patient access, prescription guidelines, and supply chains.
- The TGA regulates which products are approved for medical use
- States determine how patients can access these treatments
- Different states have varying rules on driving, supply, and prescribing authority
State-by-State Overview of Medical Plant-Based Therapy Laws
New South Wales (NSW)
- Patients must receive approval through the Special Access Scheme (SAS B) or an Authorised Prescriber
- Prescribing doctors need state-level approval in some cases
- Driving laws are strict—patients using THC-based products are not permitted to drive
Victoria (VIC)
- Doctors can prescribe medical plant-based therapy without needing additional state approval
- Patients can access treatment through TGA pathways
- Strict driving laws prohibit patients from driving under THC treatment
Queensland (QLD)
- All registered medical practitioners can prescribe plant-based therapy
- No state-level approval required, simplifying access for patients
- Driving restrictions apply to THC-based products
Western Australia (WA)
- Patients require TGA approval and a prescription from a specialist or GP
- Prescriptions must be dispensed from approved pharmacies
- Driving laws prohibit THC-based therapy use while operating a vehicle
South Australia (SA)
- Medical professionals must apply for TGA approval before prescribing
- Pharmacists and specialists manage patient prescriptions
- Strict driving laws apply for THC-based therapy users
Tasmania (TAS)
- Patients must be referred by a GP to a specialist for approval
- Tasmania enforces tighter restrictions compared to other states
- Driving restrictions are in line with national policies
What Patients Need to Know Before Seeking Medical Plant-Based Therapy
- Check state laws before requesting a prescription
- Find a qualified prescriber—not all doctors are authorised to prescribe plant-based therapy
- Understand driving restrictions—THC-based therapies can affect your legal right to drive
- Be aware of costs—treatment is not covered by the Pharmaceutical Benefits Scheme (PBS)
Conclusion
Understanding the legal landscape of medical plant-based therapy in Australia is essential for safe and legal access to treatment. By staying informed about state-specific regulations, patients can navigate the system with confidence and compliance.
