Medicinal cannabis is legal in New South Wales (NSW) within a medical treatment or clinical research context. It became legal in Australia after the passing of federal legislation in 2016. State and federal regulations determine access to medicinal cannabis for patients and suppliers. Cultivation, import, production and manufacture of these products require relevant licences and approvals.
You must obtain a prescription to access medicinal cannabis in New South Wales. Doctors can prescribe medicinal cannabis when they surmise that it would benefit a patient’s treatment. A prescription allocates a specific product and dosage to a patient.
Registered doctors can prescribe medicinal cannabis in New South Wales. Medicinal cannabis products are classified as “unapproved therapeutic goods”, so doctors may need approval from the Therapeutic Goods Administration’s (TGA) to prescribe them. Doctors using the Special Access Scheme (SAS) pathway require approval for each patient’s prescription. NSW Health must give additional approval when a doctor prescribes a patient with a history of drug dependency. Doctors using the authorised prescriber pathway may not require approval for individual patients. They can typically prescribe medicinal cannabis to a range of patients under their care.
Companies can supply medicinal cannabis in New South Wales if they acquire the relevant national and state-level licences. They must obtain a federal licence from the Office of Drug Control for cultivation, production, research, manufacture and importation activities. Manufacturing and packaging activities must additionally conform to the Good Manufacturing Practice (GMP) standards set by the TGA. On a state level, all supply activities must comply with NSW Poisons and Therapeutic Goods Regulation 2008. A state-level licence is necessary in NSW for wholesale supply or manufacturing activities related to medicinal cannabis. Companies with existing wholesale licences must apply for an NSW Health amendment to their licence and revise their procedures in line with NSW laws.
A doctor can determine if someone is eligible for medicinal cannabis treatment in New South Wales. They may apply for a prescription if they believe it would benefit the patient. The TGA does not list conditions considered appropriate for medicinal cannabis treatment. Doctors determine the suitability of the treatment on an individual patient basis. The SAS and the authorised prescriber scheme are the two pathways doctors use to acquire medicinal cannabis products for patients.
You can buy medicinal cannabis from any pharmacy in NSW if you have a valid prescription. Medicinal cannabis products are considered scheduled medicines, meaning there are specific protocols to be followed when handling them.Pharmacies must verify prescribers, report forged or fraudulent prescriptions and retain dispensed prescriptions when dealing with scheduled medicines.Patients must always receive medicinal cannabis products in the appropriate packaging with the relevant dispensing label.Pharmacies may only hold stock of scheduled medicines if the Commonwealth has approved them for specific patients. All medicinal cannabis products must be recorded in the drug register.
Your prescription determines the amount of medicinal cannabis you can possess in NSW. Your doctor will assign you a certain product in specific amounts. While this product is in your possession, you must keep it in its original packaging and include the prescription labelling.
You can not drive while undergoing most forms of medicinal cannabis treatment in NSW. Tetrahydrocannabinol (THC) is a primary component in a high number of medicinal cannabis products. Driving with THC in your system is illegal due to its potential impairment of cognitive functioning.Cannabidiol (CBD) is another common substance in medicinal cannabis products, which can legally be in your system when you drive. Something to be aware of is that many CBD-dominant products contain trace amounts of THC.CBD-isolate products, which are the least likely to contain any THC, may be appropriate for patients who must drive regularly. Read your label and consult your doctor for clarification.
You could be fired for using medicinal cannabis in NSW, depending on your employer. Companies that engage in employee drug testing frequently flag THC as a banned substance. THC is often found in medicinal cannabis products, and testing positive for it may result in you being fired. Talk to your employer about their drug policy before you start medicinal cannabis treatment.
You are allowed to travel domestically to NSW with medicinal cannabis that has been prescribed to you. The medicinal cannabis products in your possession must stay in their original packaging and include their original labelling. Your prescription must remain on your person at all times.
Health insurance may cover the cost of medicinal cannabis in NSW, depending on the policy. Medicinal cannabis products are not currently eligible for public health insurance. Consequently, Medicare or the Pharmaceutical Benefits Scheme (PBS) does not cover them. Certain private health insurance policies will cover the costs of medicinal cannabis as an optional extra. Talk to your insurance provider for specific details about this.
Centre for Medicinal Cannabis Research and Innovation
NSW Health
The University of Sydney
