As medicinal cannabis becomes a more common treatment option in Australia, healthcare practitioners face increasing scrutiny from regulators and medical boards. Understanding the rules around prescribing, advertising and telehealth is essential to maintaining compliance and protecting your registration.
At Lodestar Legal, our medicinal cannabis lawyers specialise in supporting clinicians, doctors, and allied health professionals working within this evolving legal framework. We provide expert advice on TGA compliance, SafeScript obligations, and Ahpra guidelines, ensuring you meet your professional and legal responsibilities with confidence.
The Legal Framework for Prescribing Medicinal Cannabis
Medicinal cannabis is regulated at both Commonwealth and state or territory levels. Under the Therapeutic Goods Act 1989 (Cth), medicinal cannabis products can be accessed through:
- The Special Access Scheme (SAS);
- The Authorised Prescriber Scheme; or
- Registration on the Australian Register of Therapeutic Goods (ARTG).
Clinicians must also comply with the Poisons Standard, where medicinal cannabis is classified as a Schedule 4 or Schedule 8 medicine. Each state and territory has specific requirements for prescribing and storage, meaning obligations can differ depending on where your patient is located, particularly relevant for telehealth services.
Our team provides clear, practical advice to help practitioners understand their obligations across jurisdictions and avoid regulatory breaches.
Advertising and Communication Compliance
The Therapeutic Goods Advertising Code prohibits the direct promotion of prescription medicines, including medicinal cannabis, to consumers. This means clinicians cannot use marketing emails, public webinars, or social media to promote cannabis products.
However, one-on-one clinical advice given to a patient during treatment is not considered advertising. We regularly assist medical practices and telehealth providers with advertising compliance reviews, ensuring websites, email templates, and patient communications meet the requirements of the TGA and Australian Consumer Law.
SafeScript, RTPM and Telehealth Obligations
Telehealth has revolutionised access to medicinal cannabis consultations but also increased compliance risks. Each jurisdiction operates a Real-Time Prescription Monitoring (RTPM) system – such as SafeScript – designed to detect unsafe prescribing or “doctor shopping.”
Clinicians must:
- Confirm their registration in the jurisdiction where the patient is located;
- Access and review the relevant RTPM system before prescribing; and
- Keep clear documentation supporting their clinical decision-making.
Our healthcare law team helps doctors and clinics establish internal policies and training programs to comply with these requirements while maintaining efficiency in telehealth delivery.
Managing Risk and Responding to Investigations
Prescribing medicinal cannabis requires careful assessment of therapeutic justification and patient risk factors. Regulators such as AHPRA and state health departments have increased oversight of prescribing patterns, particularly where evidence for efficacy remains limited.
If you receive a notification or complaint, early legal advice is essential. We can assist with submissions to tribunals, and liaise with indemnity insurers to protect your professional standing.
How We Support Clinicians
Our team of medicinal cannabis lawyers in Australia offers:
- Legal advice on TGA and state prescribing compliance
- Guidance on SafeScript and telehealth regulation
- Review of clinic communications for advertising compliance
At Lodestar Legal we combine deep regulatory knowledge with healthcare industry experience. Whether you’re prescribing through a clinic, telehealth platform or specialist service, we help ensure your practice remains compliant and protected in this highly regulated area of medicine.
Got questions about prescribing medicinal cannabis? Contact us.