Is medicinal cannabis legal in Queensland?
Yes, if it’s been legally prescribed. It’s still an offence to possess or use cannabis in Queensland without a prescription, but a doctor with the right approvals can lawfully prescribe medicinal cannabis products, which you then purchase through an authorised pharmacist. As at 9 July 2026, prescribing is governed by the Medicines and Poisons Act 2019 (Qld) and the Medicines and Poisons (Medicines) Regulation 2021. This framework replaced the older Health (Drugs and Poisons) Regulation 1996, so if you’ve seen that regulation cited elsewhere, it’s out of date.
What are the requirements to be prescribed medicinal cannabis?
Under s 50 of the Medicines and Poisons Act 2019, a medical or nurse practitioner can prescribe an unapproved medicinal cannabis product if they hold Commonwealth approval, either the Therapeutic Goods Administration’s Special Access Scheme (Category B) or Authorised Prescriber approval, and prescribe within the scope of that approval. An ordinary GP with the right Commonwealth approval can prescribe; you don’t need to see a specialist.
Before prescribing an unapproved Schedule 8 (S8) cannabis product, the prescriber must also check Queensland’s monitored medicines database (QScript) under s 41 of the Act. Where the patient is considered “drug-dependent” under the Act, additional Queensland Health approval is required on top of the Commonwealth approval. There are more safeguards, but a prescription is still possible.
To prescribe THC (Tetrahydrocannabinol), CBD (Cannabidiol) or a THC/CBD combo, doctors need to be able to refer to clinical evidence that supports the use of the drug for the medical condition or symptoms. Queensland Health suggests there is sufficient clinical evidence that medicinal cannabis is suitable for:
- Severe muscle spasms or other symptoms of multiple sclerosis;
- Nausea and vomiting from chemotherapy;
- Some types of epilepsy with severe seizures;
- Palliative care patients; and
- Some forms of chronic pain.
Unfortunately, cancer alone is not currently considered a suitable condition for the prescription of medicinal cannabis, as there is no evidence that it helps.
Doctors can prescribe cannabis in oil, vapour, capsules, sprays or nabiximols (a specific cannabis extract sold in a spray). Smoking of cannabis leaf isn’t approved in Queensland, but vaporising is legal (with a warning that there is currently only one medical vaporiser approved in Australia by the TGA). Approved vaporisers can only be used in approved smoking areas, at a safe distance from others, including children.
Things to note
- No, you cannot produce your own cannabis, or buy it from your mate down the road, even if you’ve been prescribed it. You have to purchase it through an authorised pharmacist.
- It is not currently listed under the Pharmaceutical Benefits Scheme (PBS), which means it’s not subsidised by the Government, and the price is not regulated by the Government either. According to healthdirect.gov.au, the cost can vary between $50 to $1,000 per week.
- Even though you might be prescribed cannabis with THC in it, it’s still an offence to drive with THC present in your blood or saliva, and a valid prescription is not a defence. See our full explainer, Can You Drive on Medicinal Cannabis in Queensland?, for the penalties and what to do if you’re charged.
- Just like any other drug, it can be given to children and administered at school if required.
- If you’re interested in applying for a licence to produce cannabis, then you can read about the application process and requirements here.
Final thoughts
Medicinal cannabis access in Queensland has genuinely opened up: an ordinary GP with the right Commonwealth approval can now prescribe it, without a specialist referral. But the two most common ways people still get into trouble with the law are the same ones outlined above: buying or growing cannabis outside the prescribed supply chain, and driving with THC in your system regardless of the prescription.
If you’ve been charged with drug driving, or possession of cannabis without a valid prescription, contact us for confidential advice, or read more about our approach to drug offences. We’re available 24/7 for urgent matters.
This article is general legal information, not advice about your situation.
Worried about what happens next?
Speak confidentially with an experienced criminal defence lawyer. No judgement, no obligation. Available 24/7 for urgent matters.
