The Oceania Regulatory Report

The regulatory frameworks that Australia and New Zealand have developed for their respective legal cannabis industries share some top-level similarities; however, there are key differences, which could become more pronounced in the medium term as the two systems evolve. On the question of adult-use, New Zealand opted for an all-or-nothing popular referendum for full-scale legalisation in 2020 which, upon rejection, has rendered the development of an adult-use regulatory framework unlikely for the foreseeable future. Australia meanwhile has seen a groundswell in public opinion on the issue manifest into legislative steps taken by representatives at the regional and federal levels, and is likely to see an adult-use market develop incrementally in the coming years. On CBD, in contrast to most countries with significant medical cannabis access, both have taken the approach that the cannabinoid should be accessed via medical channels only, though both have recently passed legislation to make CBD products containing a low dose of THC more easily accessible than other higher-THC cannabinoid products.

• · Introduction
• · Australia: Regulatory Landscape
• · Adult-Use
• · Regional/Territorial Legislation
• · Federal Legalisation
• · CBD
• · Industrial Hemp
• · Commercial Hemp Regulations by State
• · Medicinal
• · Overview
• · Prescribers & Patient Access
• · Therapeutic Goods
• · Licensing & Permits
• · New Zealand: Regulatory Landscape
• · Adult-Use
• · CBD
• · Medicinal
• · Overview
• · Product Definitions
• · Minimum Quality Standard
• · Changes to Regulations
• · Licensing
• · Conclusion
• · Acronyms

• · The regulatory systems for legal cannabis in both Australia and New Zealand are undergoing changes, and in each case those changes are intended to broaden the opportunities for domestic companies to succeed, and to facilitate easier access to cheaper products for patients.
• · Australia is making progress towards developing a system for adult-use cannabis, with a clear majority of the public in favour of reform on this front.
• · Depending on the success of the Australian system, as well as other such systems evolving in Europe, the adult-use question may once again become a discussion in New Zealand.
• · Despite the current differences in regulation, the two systems continue to evolve, and ultimately the industries of each are likely to become integrated. This is already the case to some degree, as New Zealand depends on Australian products in part to treat its patients.
• · If both countries continue their efforts to broaden patient access and facilitate trade, there is potential for companies to participate in the markets of both countries and reap the benefits of each.
• · Products available for patients in both countries are growing in number and diversifying in format and cannabinoid concentration, with an increasing share being held by domestic production.