Policy context
Introduction
This page provides a broad overview of national policies and laws relating to alcohol and other drugs in Australia. For information on drug-related law enforcement activities and wastewater drug monitoring, see Illicit drug markets and drug-related law enforcement activities.
What are the laws on alcohol and other drugs in Australia?
Australia has a range of laws in place to regulate the use of alcohol and other drugs. These laws are complex and include federal laws as well as state and territory-based laws (Department of Health, Disability and Ageing 2025).
Legal drugs
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Legal drugs include alcohol, caffeine, nicotine, and over-the-counter and prescription drugs (such as paracetamol and codeine)
Some legal drugs have regulations that restrict their advertising and sale, who is able to use them and where or in what contexts they can be used (for example, driving) (Department of Health, Disability and Ageing 2025). For example, alcohol and tobacco products are available for purchase but there are a number of strict regulations that control their supply. Specific supply reduction interventions include:
- controls prohibiting or restricting drugs at the border (such as illicit tobacco or nicotine e-cigarettes that are not supplied with a prescription)
- the enforcement of a minimum purchasing age
- restriction of operating hours for venues supplying alcohol
- restrictions on the size and strength of beverages or the number of drinks that can be purchased at one time, and the size (minimum number of cigarettes) of cigarette packets.
Pharmaceutical drugs, including over-the-counter and prescription drugs, are used to treat illness and injury and can be purchased legally from pharmacies. Certain controls govern the marketing and availability of these drugs due to the potential increased risk of harm associated with their use, particularly non-medical use. To help ensure safe use, the Therapeutic Goods Administration (TGA) decides how drugs are controlled and classified in Australia, through a process called Scheduling. The TGA also assesses the evidence of the risks and benefits of drugs before they can be sold in Australia (such as paracetamol). Some drugs used to treat illness and injury have not been assessed by TGA but can be sold legally under access schemes (such as medicinal cannabis).
Certain higher risk pharmaceutical drugs may only be lawfully supplied on prescription from a registered health practitioner, including medicinal cannabis, psilocybin and MDMA. Depending on the risk of the drug, there may be certain controls applied to the quantity of the drug that can be supplied and directions for use. This may include the provision of advice to the consumer on restricting the use of pharmaceutical drugs in combination with alcohol and other licit and illicit drugs (TGA 2023b).
Policies aimed at reducing the supply of pharmaceutical drugs for non-medical use in Australia include:
- border controls limiting the entry of nicotine containing e-cigarettes and e-liquids that are not supplied with a prescription or other appropriate exemption
- agreement to develop a national real-time prescription monitoring system
- the up-scheduling of codeine (1 February 2018) to a prescription-only medication
- the up-scheduling of alprazolam (1 February 2014) from prescription-only to a controlled medication.
In 2016, cannabis became available medicinally in Australia for specific patient groups under strict medical supervision. Other than in these limited circumstances, the cultivation, possession, and supply of cannabis remains prohibited in most of Australia (ODC 2017).
Illegal drugs
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Illegal drugs include amphetamines, ecstasy, cocaine, heroin and cannabis (excluding medicinal cannabis)
The possession and supply of illegal drugs such as cannabis, amphetamines (including methamphetamine), heroin and cocaine are prohibited in Australia. However, research with people who use drugs suggest illicit drugs are readily available in Australia. Illicit drugs are commonly sourced for use from friends and relatives, dealers and online (AIHW 2024, Sutherland et al. 2025a, Sutherland et al. 2025b).
For related content on illicit drug use in this report, see Drug types.
What specific laws and regulations are in place?
As outlined above, the laws and regulations governing alcohol and other drugs are complex and vary by drug type and jurisdiction. Key federal laws for tobacco, e-cigarettes, alcohol, pharmaceutical drugs and illegal drugs are outlined below.
Tobacco use in Australia is legal, however, its supply and consumption are subject to strict regulations. There are a range of restrictions related to tobacco in Australia, such as limiting the sale, advertising and packaging of tobacco products (including smokeless tobacco products), banning the sale of menthol cigarettes, and taxation of tobacco products (including duty-free tobacco). In recent years, existing restrictions have expanded to include additional restrictions such as health warnings on individual cigarettes. States and territories have laws which regulate the retail sale of tobacco, including point-of-sale requirements, age restrictions and smoke-free areas.
Smoke-free laws exist in Australia to protect people from harmful second-hand tobacco smoke. This includes banning smoking in all enclosed public spaces and certain outdoor public areas, including inside restaurants, bars and clubs, in cars with children and around many public places such as near children’s play equipment, swimming pools, public transport, and around public buildings.
Tobacco products where no taxation has been paid are illicit, including both unbranded tobacco and branded tobacco products. Unbranded tobacco includes finely cut, unprocessed loose tobacco that has been grown, distributed, and sold without taxation (AIHW 2024). Branded illicit tobacco includes tobacco products that are sold in Australia without the plain packaging/graphic health warnings that are required by law. Tobacco that complies with all plain packaging and graphic health warning requirements may still be illicit.
For detailed information on tobacco and smoking laws, see Smoking and tobacco laws in Australia.
In Australia, e-cigarettes and vaping products are primarily regulated by the Commonwealth and states and territories as therapeutic goods. However, certain other laws and regulations also apply, including those which prohibit the use of vaping products in smoke-free areas.
The Australian Government and state and territory governments are continuing to take action to reduce e-cigarette use through strengthened legislation, enforcement, education and support. These reforms aim to protect young people and the broader community from the harms of vaping, while ensuring appropriate access to therapeutic vapes for smoking cessation and nicotine dependence. As of 2025, the importation, manufacture, supply, commercial possession and advertising of disposable single-use and non-therapeutic e-cigarettes is prohibited.
From 1 October 2024, individuals aged 18 and over can buy therapeutic vapes with a nicotine concentration of 20mg/mL or less from a participating pharmacy without a prescription, to support smoking cessation and the management of nicotine dependence, subject to certain conditions and where state and territory laws allow. For a pharmacist to supply a vape without a prescription, a consultation must be conducted with the patient to ensure that a vaping good is the appropriate treatment option. A prescription is required to dispense a therapeutic vape in some instances, including for people under 18 or for vapes with nicotine concentrations above 20 mg/mL. In some jurisdictions, all therapeutic vapes remain prescription-only. Only mint, menthol and tobacco flavours are permitted in therapeutic vapes.
Strengthened product standards are being introduced, including lower nicotine concentrations, smaller volumes for vaping substance containers, only permitted ingredients in vaping substances and plain packaging and pharmaceutical labelling. From 1 July 2025, only products that meet updated standards can be lawfully supplied in Australia.
It is illegal for all other retailers such as tobacconists, vape shops and convenience stores to sell any kind of vape, regardless of whether they contain nicotine. The domestic manufacture, commercial possession and sale of non-therapeutic vapes and disposable vapes is banned, regardless of whether they include nicotine or other controlled substances. Vapes cannot be purchased from overseas retailers or websites for personal use, even with a prescription.
For detailed information about the range of reforms being implemented, see Changes to the regulation of vapes, Product standards: unapproved therapeutic vapes, and About vaping and e-cigarettes.
There are a range of laws restricting the labelling and supply of alcohol in Australia, as well as laws governing drink driving, restrictions on place and legal drinking age.
Drink driving laws are enforced across Australia to deter people from operating a vehicle under the influence of alcohol and prevent deaths and significant injuries on the road. It is a criminal offence for drivers with a learner or probationary licence to have a blood alcohol concentration above zero and for full licence holders to have a blood alcohol concentration above 0.05 grams of alcohol per 100 millilitres of blood.
For detailed information on alcohol laws in Australia, see Alcohol laws in Australia.
Drug driving laws are enforced across Australia to deter people from operating a vehicle under the influence of drugs. All Australian states and territories have roadside drug testing laws requiring drivers to provide a roadside saliva sample or a blood or urine sample in other specified circumstances. These samples are then tested for the presence of illicit substances. All jurisdictions penalise the presence of drugs and do not test for impairment. Any presence of an illicit substance is a criminal offence for drivers, regardless of the type of licence held.
For detailed information on Australia’s drug laws, see Drug laws in Australia.
Prior to 2016, cannabis was classified as an illegal narcotic under Australian law. In February 2016, this legislation was amended to allow access to medicinal cannabis for specific patients under strict medical supervision. ‘Medicinal cannabis’ is generally used to refer to cannabis that is obtained via a prescription from a health care provider, but some people use cannabis without a prescription for self-determined medicinal purposes. Data sources on both kinds of medicinal cannabis use in Australia are relatively limited, and some methodologies (for example, wastewater analysis, urinalysis) are not able to distinguish between medicinal and non-medicinal use. However, available data on medicinal cannabis indicate a growing number of Australians are accessing medicinal cannabis via a prescription.
For detailed information on medicinal cannabis laws in Australia, see Medicinal cannabis.
There are a range of restrictions regulating the supply of pharmaceutical drugs in Australia, particularly for drugs with a higher risk of harm (such as opioids and benzodiazepines).
In July 2017, the Australian Government announced $16 million in funding to implement a national real-time monitoring system of prescription drugs. The system will provide an instant alert to pharmacists and doctors if patients are receiving multiple supplies of prescription only medicines (also referred to as ‘doctor or pharmacy shopping’). The program will initially include the monitoring of controlled medicines that are particularly susceptible to non-medical use including morphine, oxycodone, dexamphetamine, and alprazolam. The system aims to assist doctors and pharmacists to identify patients who are at risk of harm due to dependency or non-medical use of pharmaceutical drugs and patients that are diverting these medicines.
There are also a number of restrictions relating to the supply of specific drugs:
- From 1 July 2023, the TGA approved the prescribing of medicines containing psilocybin and MDMA by specifically authorised psychiatrists for the treatment of treatment-resistant depression (psilocybin) and post-traumatic stress disorder (MDMA). Psilocybin and MDMA prescribed for these specific purposes were reclassified as Schedule 8 (Controlled Drugs) medicines. For all other uses, these drugs remain Schedule 9 (Prohibited Substances) (TGA 2023a).
- Regulatory changes are being implemented to reduce harm from prescription opioid medicines. These include smaller pack sizes for immediate-release prescription opioid products, the inclusion of boxed warnings and class statements in the Product Information documents regarding their potential for harmful and hazardous use, and reinforcing the indications for immediate release and modified release products and for fentanyl patches. Smaller pack sizes and fentanyl indication changes came into effect in the first half of 2020. Other changes will be phased in subsequently (TGA 2021).
- From 1 February 2025, the Australian Government introduced new restrictions on paracetamol to reduce the risk of overdose. These restrictions included reducing the maximum pack size available for general sale from 20 to 16 tablets or capsules, reducing the maximum pack size available in pharmacies from 100 to 50 tablets or capsules (in most jurisdictions), and restricting the availability of other pack sizes of up to 100 tablets or capsules such that these are only available under the supervision of a pharmacist (TGA 2024).
- From 1 February 2018, medicines containing codeine were reclassified to schedule 4 drugs, meaning they could no longer be sold over-the-counter in pharmacies and were available by prescription only. This decision was made by the Therapeutic Goods Administration (TGA) following substantial evidence of harm from the use of low dose codeine-containing medicines including analgesic preparations combined with other pain relief medicines such as aspirin, paracetamol, and ibuprofen (TGA 2016).
- From February 2017, higher-strength alprazolam products and larger alprazolam pack sizes were delisted from the PBS and are not captured in the data reported here.
- From 1 February 2014, alprazolam was rescheduled from schedule 4 to schedule 8 (a controlled medication). This decision was made by the Therapeutics Goods of Administration (TGA) on the basis that substantial evidence demonstrated alprazolam has increased morbidity and mortality in overdose with the possibility of increased toxicity with no additional therapeutic benefits in comparison to other drugs classed as benzodiazepines (TGA 2013).
What is Australia’s policy response to alcohol and other drugs?
The National Drug Strategy 2017–2026 (‘the Strategy’) is the overarching framework which identifies national priorities relating to alcohol, tobacco and other drugs, and guides action by governments in partnership with service providers and the community. The Strategy outlines a national commitment to harm minimisation through adoption of effective demand, supply and harm reduction strategies (Department of Health 2017).
What specific policies are in place?
More information about the National Drug Strategy and other relevant policies is outlined below.
Australia has had a coordinated approach to alcohol and other drugs since 1985. The National Drug Strategy 2017–2026 (NDS) is the latest iteration of the cooperative strategy between the Australian Government, state and territory governments, and the non-government sector. The NDS provides a framework that identifies national priorities relating to alcohol, tobacco and other drugs, guides action by governments (in partnership with service providers and the community) and outlines a national commitment to harm minimisation through adoption of effective demand, supply, and harm reduction strategies.
The NDS has an overarching approach of harm minimisation and encompasses 3 pillars:
- demand reduction, which aims to prevent the uptake and/or delay the onset of alcohol and other drug use, reduce alcohol and other drug use and associated harms in the community, and provision of evidence-informed treatment
- supply reduction, which aims to prevent or otherwise reduce the production and supply of illegal drugs, and control, manage, and/or regulate the availability of illegal drugs
- harm reduction, which aims to reduce the adverse health, social and economic consequences of drug use for people who use drugs, their families, and the wider community (Department of Health 2017).
Tobacco control is a key component of the Australian Government’s 10-year National Preventive Health Strategy and includes a range of policy achievements that aim to reduce tobacco use and nicotine addiction. The 4 overarching aims of the National Preventive Health Strategy are:
- All Australians have the best start in life.
- All Australians live in good health and wellbeing for as long as possible.
- Health equity is achieved for priority populations.
- Investment in prevention is increased (Department of Health 2021).
The National Framework for Alcohol, Tobacco and Other Drug Treatment 2019–2029 (‘the Framework’) aims to ensure that all Australians seeking alcohol and other drug treatment have access to high-quality treatment appropriate to their needs, when and where they need it (Department of Health 2019a).
The Framework complements the National Drug Strategy 2017–2026. It aims to provide a nationally endorsed shared understanding and common reference point for funders, treatment providers and practitioners, and people who use drugs and their families and friends. The Framework facilitates strategic planning for the Australian treatment service system and provides the context for national and state treatment processes, programs and policies.
The National Tobacco Strategy 2023–2030 is a sub-strategy of the National Drug Strategy 2017–2026 and aims to improve the health of all Australians by reducing tobacco use and the associated health, social, environmental and economic costs. The objectives of the strategy are to:
- prevent uptake of tobacco use
- prevent uptake of e-cigarettes by young people and those who have never smoked
- prevent and reduce nicotine addiction
- denormalise and limit the marketing and use of e-cigarettes
- encourage and assist as many people as possible who use tobacco and e-cigarettes to quit as soon as possible, and prevent relapse
- prevent and reduce prevalence of tobacco use among First Nations people
- prevent and reduce tobacco use among groups at higher risk from tobacco use, and other populations with a high prevalence of tobacco use
- eliminate harmful exposure to second-hand tobacco smoke
- prevent and reduce the marketing and harms associated with use of novel and emerging products
- ensure tobacco control in Australia is guided by focused research, monitoring and evaluation
- protect tobacco control policy from all commercial and other vested interests
- ensure all the above contribute to the continued denormalisation of the tobacco industry and tobacco use (Department of Health and Aged Care 2023).
The targets of the strategy are to:
- Reduce the national daily smoking prevalence to less than 10% by 2025 and 5% or less by 2030.
- Reduce the daily smoking rate among First Nations people to 27% or less by 2030 (Department of Health and Aged Care 2023).
The National Alcohol Strategy 2019–2028 is a sub-strategy of the National Drug Strategy 2017–2026 and aims to prevent and reduce alcohol-related harms in Australia by:
- identifying national priority areas and policy options
- promoting and facilitating collaboration, partnership and commitment from the government and non-government sectors
- targeting a 10% reduction in harmful alcohol consumption, including alcohol consumption at levels that puts individuals at risk of injury from a single occasion of drinking, at least monthly; and - alcohol consumption at levels that puts individuals at risk of disease or injury over a lifetime (Department of Health 2019b).
In April 2015, the Australian Government established a National Ice Taskforce, to provide advice on the development of a National Ice Action Strategy (NIAS). The objectives of the NIAS are to ensure that:
- families and communities have better access to information, support and tools to help them to respond to ice (methamphetamine)
- prevention messages are targeted at high-risk populations and accurate information about ice is more accessible
- early intervention and treatment services are better tailored to respond to ice and meet the needs of the populations they serve
- law enforcement efforts are better targeted to disrupt the supply of ice
- better evidence is available to drive responses to the effects of ice in our community (Department of Health 2015).
The Aboriginal and Torres Strait Islander Health Performance Framework (HPF) monitors progress in health outcomes for First Nations people, health system performance and the broader determinants of health. The HPF consists of 68 performance measures across 3 tiers:
- Tier 1: Health status and outcomes
- Tier 2: Determinants of health
- Tier 3: Health system performance
For detailed information on alcohol and other drugs under the HPF, see Access to alcohol and drug services.
The National Fetal Alcohol Spectrum Disorder (FASD) Strategic Action Plan 2018–2028 (‘the Plan’) provides an overview of strategies to improve the prevention, diagnosis, support and management of FASD in Australia. It builds on foundational work by governments, non-government organisations, family advocates, researchers and clinicians, as well as individual champions and communities.
The Plan aims to:
- reduce the prevalence of FASD
- reduce the impact of FASD on individuals and communities
- improve quality of life for people living with FASD (Department of Health 2018).
What does the public think about alcohol and other drug-related policies and laws?
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There is a high degree of support for measures aimed at reducing harms associated with tobacco and e-cigarettes
Almost 1 in 2 (46%) people in Australia aged 14 years and over approve of regular adult consumption of alcohol and 15.5% approve of regular tobacco use (AIHW 2024).
There is a high level of support among the general population in Australia for measures aimed at reducing tobacco-related harm. According to the 2022–2023 NDSHS, of people aged 14 and over:
- 81% supported banning the advertising of tobacco products on social media.
- 78% supported banning additives (flavouring) in cigarettes and other tobacco products to make them less attractive to young people (AIHW 2024, Table 2.46).
Support for measures to reduce the problems associated with e-cigarettes and vaping was also high, specifically:
- 86% of people supported prohibiting the sale of e-cigarettes or vapes, including those without nicotine, to people under 18.
- 80% of people supported restricting the use of e-cigarettes in public places (AIHW 2024, Table 3.44).
For information on public support for measures to reduce the harm related to alcohol and other drug use in this report, see also Harm reduction measures related to alcohol and other drugs.
Where do I go for more information?
- Alcohol laws in Australia
- Drug laws in Australia
- Smoking and tobacco laws in Australia
- Support for alcohol and other drug-related policies
AIHW (Australian Institute of Health and Welfare) (2024) National Drug Strategy Household Survey 2022–2023, AIHW, Australian Government, accessed 4 March 2024.
Department of Health (2015) National Ice Action Strategy 2015, Department of Health, Australian Government, accessed 9 September 2025.
Department of Health (2017) National Drug Strategy 2017–2026, Department of Health, Australian Government, accessed 12 January 2018.
Department of Health (2018) National Fetal Alcohol Spectrum Disorder (FASD) Strategic Action Plan 2018–2028, Department of Health, Australian Government, accessed 10 September 2025.
Department of Health (2019a) National Alcohol Strategy 2019–2028, Department of Health, Australian Government, accessed 10 September 2025.
Department of Health (2019b) National Framework for Alcohol, Tobacco and Other Drug Treatment 2019–29, Department of Health, Australian Government, accessed 9 September 2025.
Department of Health and Aged Care (2023) National Tobacco Strategy 2023–2030, Department of Health and Aged Care, Australian Government, accessed 29 September 2025.
Department of Health, Disability and Ageing (2025) What drugs are illegal?, Department of Health, Disability and Ageing, Australian Government, accessed 29 September 2025.
ODC (Office of Drug Control) (2017) Medicinal cannabis, Office of Drug Control, Department of Health, Australian Government, accessed 4 January 2018.
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Sutherland R, Uporova J, Karlsson A, Palmer L, Tayeb H, Chrzanowska A, Chandrasena U, Price O, Bruno R, Dietze P, Lenton S, Salom C, Radke S, Curran J, Vella-Horne D, Wilson J, Daly C, Thomas N, Degenhardt L, Farrell M and Peacock A (2025b) Australian Drug Trends 2025: key findings from the national Illicit Drug Reporting System (IDRS) interviews, National Drug and Alcohol Research Centre, UNSW Sydney, accessed 29 September 2025.
TGA (Therapeutic Goods Administration) (2013) Reasons for scheduling delegates' final decisions, June 2013 Part A: Scheduling proposals referred to the March 2013 meeting of the ACMS, TGA, Australian Government, accessed 9 November 2022.
TGA (2016) Codeine re-scheduling: regulation impact statement, TGA, Australian Government, accessed 9 November 2022.
TGA (2021) Prescription opioids: what changes are being made and why, TGA, Australian Government, accessed 29 November 2021.
TGA (2022) Product regulation according to risk, TGA, Australian Government, accessed 28 July 2022.
TGA (2023a) Change to classification of psilocybin and MDMA to enable prescribing by authorised psychiatrists, TGA, Australian Government, accessed 29 September 2025.
TGA (2023b) Regulation basics, TGA, Australian Government, accessed 4 November 2025.
TGA (2024) Buy and use paracetamol safely, TGA, Australian Government, accessed 24 April 2025.