Legal status in Australia
Per-substance legal status for Australia, from sourced statutes where available. Legal information, not legal advice; drug laws change, so confirm with the destination’s embassy or drug authority before you travel.
Confirmed legal status
1P-LSD
- Legal status
- Controlled federally, though not by its own name. 1P-LSD (1-propionyl-lysergic acid diethylamide) is not named in F2026L01327, in the Criminal Code Regulations 2019 or in Schedule 4 of the Customs (Prohibited Imports) Regulations 1956, as each is in force on 2 October 2026. It reaches each instrument by chemistry. Poisons Standard: s7(c) makes a reference to a substance include «every salt, active principle or derivative of the substance, including esters and ethers», and 1P-LSD is lysergide with a propionyl group on the indole nitrogen. Poisons Standard s7(c) extends a named substance to «every salt, active principle or derivative of the substance, including esters and ethers», and the instrument does not define derivative. This data set reads it with the definition the Customs (Prohibited Imports) Regulations 1956 give in regulation 5(20), «any substance chemically derived from the chemical or compound and from which the chemical or compound may be regenerated»: a salt, ester, ether or amide from which the named substance is regenerated is a derivative, and a compound from which it cannot be regenerated is not shown as one. Lysergide is regenerated from 1P-LSD by hydrolysis of the propionyl amide, so on the derivative reading it is within «LYSERGIDE.» in Schedule 9. Criminal Code Regulations: Schedule 1 item 151 lists «Lysergamides» (commercial 0.01 kg, trafficable 0.01 g, no marketable quantity) and 1P-LSD is a lysergamide, an amide of lysergic acid. If item 151 is read as that class, 1P-LSD is listed and s301.9(3) excludes the analogue route; if it is read as the single compound lysergamide, 1P-LSD is a drug analogue of lysergide (item 152) under s301.9(1)(c)(iii), a hydrogen atom replaced by an acyl group (s301.9(2)(a) «acyl» and (2)(d) «hydrogen atoms»), at lysergide's much smaller quantities (0.002 kg, 0.05 g, 0.002 g). It is a border controlled drug either as within Schedule 2 item 115 «Lysergamide» or as an analogue of lysergide (item 116). At the border it is also a «derivative» of lysergide under regulation 5(20) of the Prohibited Imports Regulations, a substance «chemically derived from the chemical or compound and from which the chemical or compound may be regenerated», since the propionyl group is removed by hydrolysis. The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» The exposure below uses the lysergide quantities, the higher exposure of the two readings. Trafficking 1P-LSD (s302.1: selling, preparing for supply, transporting, guarding or possessing with intent to sell) is s302.4, imprisonment for 10 years or 2,000 penalty units, or both. Read as a lysergide analogue, s301.12 table item 2 applies the lysergide quantities. Trafficking a marketable quantity, 0.05 g or more under Schedule 1 item 152 of the Criminal Code Regulations, is s302.3, 25 years or 5,000 penalty units, or both. A commercial quantity, 0.002 kg or more, is s302.2, imprisonment for life or 7,500 penalty units, or both. Under s302.5 a person who prepares, transports, guards or possesses a trafficable quantity, 0.002 g or more, is taken to have intended to sell unless they prove they had neither that intention nor belief, a legal burden (s13.4). Manufacturing 1P-LSD for a commercial purpose is s305.5, 10 years or 2,000 penalty units, or both (12 years or 2,400 penalty units if a child under 14 is exposed, s310.4); s305.4 for a marketable quantity, 25 years or 5,000 penalty units (28 years or 5,600 aggravated); s305.3 for a commercial quantity, imprisonment for life or 7,500 penalty units, or both. Under s305.6 manufacturing a trafficable quantity presumes the commercial purpose, rebuttably. Import and export are offences of their own in Division 307 against the border controlled drug listing (Schedule 2 item 116), as an analogue of lysergide (s301.4(1)(b)) or within item 115: s307.3, imprisonment for 10 years or 2,000 penalty units, or both, with a defence if the person proves no intention or belief that any would be sold; s307.4, which needs no commercial intent, 2 years or 400 penalty units, or both; s307.2 for a marketable quantity (0.002 g or more), 25 years or 5,000 penalty units, or both; s307.1 for a commercial quantity (0.002 kg or more), imprisonment for life or 7,500 penalty units, or both. Possessing an unlawfully imported quantity is s307.5 to s307.7 on the same thresholds, and possessing one reasonably suspected of unlawful import is s307.8 to s307.10. The Customs Act s233(5) leaves border controlled drugs to these offences rather than to the Customs Act smuggling offence. Possessing 1P-LSD as a controlled drug is s308.1, imprisonment for 2 years or 400 penalty units, or both, and s308.1(3) lets the court deal with the offender as if the offence were the state or territory possession offence, so diversion available there is available here. Supplying any quantity to a child is s309.2, 15 years or 3,000 penalty units, or both. Part 9.1, other than the import and export offences in Division 307, does not apply to conduct justified or excused by or under a state or territory law (s313.1), which is how lawful prescribing and dispensing sit outside it. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together. Quantities are proved under s312.1 as in force on 2 October 2026, by the pure drug in a mixture. A substituted s312.1, enacted by the Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2026 (assented to 26 August 2026), Schedule 2 Part 2, will «treat the mixture as consisting wholly of the prohibited substance»; it commences on a day fixed by Proclamation or at the latest on 26 August 2027, and no Proclamation was found when this was read.
- If prescribed / medical
- No prescription route: 1P-LSD, as a derivative of lysergide, sits in Schedule 9 of F2026L01327. The Reader's guide, which is not part of the instrument, describes Schedule 9 as «Substances which may be abused or misused, the manufacture, possession, supply or use of which should be prohibited by law except when required for medical or scientific research, or for analytical, teaching or training purposes with approval of Commonwealth and/or State or Territory Health Authorities.» Outside an approved clinical trial or research, there is no lawful medical supply in Australia on anything read for this cell, and a foreign prescription does not change the Commonwealth position.
- Documentation
- No traveller exemption is shown for a Schedule 9 substance. The Australian Border Force traveller guidance (abf.gov.au, read 2 October 2026) covers «Prescription medicines such as morphine, oxycodone, methadone, methylphenidate, Adderall®, and benzodiazepines» and nothing read for this cell treats a foreign prescription for a Schedule 9 substance as lawful authority for an import that Division 307 otherwise punishes. An import needs an Office of Drug Control licence and permission under regulation 5(1) of the Customs (Prohibited Imports) Regulations 1956, and regulation 5(10) lets permission be granted only where, in the cases that apply to a private person, the drug «is required by the applicant for medical or scientific purposes». The personal importation rule in Therapeutic Goods Regulations 1990 Schedule 5 item 1, which covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family», does not help where the substance is a prohibited import, because it applies only where «the goods do not contain a substance the importation of which is prohibited under the Customs Act 1901».
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
2-FDCK
- Legal status
- Controlled federally by name since 1 March 2025; not named in the Poisons Standard. The Criminal Code Regulations 2019 list «2-Fluorodeschloroketamine (2-FDCK)» as a controlled drug at Schedule 1 item 117A (commercial 1.0 kg, marketable 500.0 g, trafficable 3.0 g) and a border controlled drug at Schedule 2 item 89B (1.0 kg, 3.0 g), the same thresholds as ketamine. Both items were inserted by the Criminal Code Amendment (Controlled and Border Controlled Drugs and Precursors) Regulations 2025 (F2025L00032, made 23 January 2025, registered 24 January 2025, in force 1 March 2025, Schedule 1 items 33 and 53); before that date it was reachable only as a drug analogue of ketamine. The Customs (Prohibited Imports) Regulations 1956 name it, «97AAA 2-fluorodeschloroketamine». F2026L01327 does not name it as in force on 2 October 2026. Poisons Standard s7(c) extends a named substance to «every salt, active principle or derivative of the substance, including esters and ethers», and the instrument does not define derivative. This data set reads it with the definition the Customs (Prohibited Imports) Regulations 1956 give in regulation 5(20), «any substance chemically derived from the chemical or compound and from which the chemical or compound may be regenerated»: a salt, ester, ether or amide from which the named substance is regenerated is a derivative, and a compound from which it cannot be regenerated is not shown as one. Ketamine cannot be regenerated from 2-FDCK, which carries fluorine where ketamine carries chlorine, so it is not shown as a derivative of «KETAMINE.» (Schedule 8), and no class entry reaches it; whether a state or territory applying the Standard treats it as a ketamine derivative is unsettled, and no Poisons Standard Schedule is shown for it. The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» Trafficking 2-FDCK (s302.1: selling, preparing for supply, transporting, guarding or possessing with intent to sell) is s302.4, imprisonment for 10 years or 2,000 penalty units, or both. Trafficking a marketable quantity, 500.0 g or more under Schedule 1 item 117A of the Criminal Code Regulations, is s302.3, 25 years or 5,000 penalty units, or both. A commercial quantity, 1.0 kg or more, is s302.2, imprisonment for life or 7,500 penalty units, or both. Under s302.5 a person who prepares, transports, guards or possesses a trafficable quantity, 3.0 g or more, is taken to have intended to sell unless they prove they had neither that intention nor belief, a legal burden (s13.4). Manufacturing 2-FDCK for a commercial purpose is s305.5, 10 years or 2,000 penalty units, or both (12 years or 2,400 penalty units if a child under 14 is exposed, s310.4); s305.4 for a marketable quantity, 25 years or 5,000 penalty units (28 years or 5,600 aggravated); s305.3 for a commercial quantity, imprisonment for life or 7,500 penalty units, or both. Under s305.6 manufacturing a trafficable quantity presumes the commercial purpose, rebuttably. Import and export are offences of their own in Division 307 against the border controlled drug listing (Schedule 2 item 89B): s307.3, imprisonment for 10 years or 2,000 penalty units, or both, with a defence if the person proves no intention or belief that any would be sold; s307.4, which needs no commercial intent, 2 years or 400 penalty units, or both; s307.2 for a marketable quantity (3.0 g or more), 25 years or 5,000 penalty units, or both; s307.1 for a commercial quantity (1.0 kg or more), imprisonment for life or 7,500 penalty units, or both. Possessing an unlawfully imported quantity is s307.5 to s307.7 on the same thresholds, and possessing one reasonably suspected of unlawful import is s307.8 to s307.10. The Customs Act s233(5) leaves border controlled drugs to these offences rather than to the Customs Act smuggling offence. Possessing 2-FDCK as a controlled drug is s308.1, imprisonment for 2 years or 400 penalty units, or both, and s308.1(3) lets the court deal with the offender as if the offence were the state or territory possession offence, so diversion available there is available here. Supplying any quantity to a child is s309.2, 15 years or 3,000 penalty units, or both. Part 9.1, other than the import and export offences in Division 307, does not apply to conduct justified or excused by or under a state or territory law (s313.1), which is how lawful prescribing and dispensing sit outside it. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together. Quantities are proved under s312.1 as in force on 2 October 2026, by the pure drug in a mixture. A substituted s312.1, enacted by the Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2026 (assented to 26 August 2026), Schedule 2 Part 2, will «treat the mixture as consisting wholly of the prohibited substance»; it commences on a day fixed by Proclamation or at the latest on 26 August 2027, and no Proclamation was found when this was read.
- If prescribed / medical
- No prescription route: 2-FDCK is not a medicine in any instrument read.
- Documentation
- No traveller exemption is shown for 2-FDCK. The Australian Border Force traveller guidance (abf.gov.au, read 2 October 2026) covers «Prescription medicines such as morphine, oxycodone, methadone, methylphenidate, Adderall®, and benzodiazepines» and nothing read for this cell treats a foreign prescription for 2-FDCK as lawful authority for an import that Division 307 otherwise punishes. An import needs an Office of Drug Control licence and permission under regulation 5(1) of the Customs (Prohibited Imports) Regulations 1956, and regulation 5(10) lets permission be granted only where, in the cases that apply to a private person, the drug «is required by the applicant for medical or scientific purposes». The personal importation rule in Therapeutic Goods Regulations 1990 Schedule 5 item 1, which covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family», does not help where the substance is a prohibited import, because it applies only where «the goods do not contain a substance the importation of which is prohibited under the Customs Act 1901».
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
25I-NBOMe
- Legal status
- Prohibited. 25I-NBOMe is 2C-I with a 2-methoxybenzyl group on the amine nitrogen. It is not named in F2026L01327 as in force on 2 October 2026, but as a 2,5-dimethoxyphenethylamine carrying a further methoxy group it is a substituted alkoxyphenylethylamine within the Schedule 9 entry «ALKOXYPHENYLETHYLAMINES and substituted alkoxyphenylethylamines except when separately specified in these Schedules.». The Criminal Code Regulations 2019 name it as a border controlled drug at Schedule 2 item 107, «2-(4-iodo-2,5-dimethoxyphenyl)-N-[(2-methoxyphenyl) methyl]ethanamine (25-I-NBOMe)», at commercial 0.002 kg and marketable 0.002 g, the potency-scaled thresholds. It is not in Schedule 1; the N-(2-methoxybenzyl) addition is a substituent s301.9(2) does not specify, so it is a controlled drug only through s301.9(1)(d) as substantially similar in chemical structure to 2C-I (Schedule 1 item 86), one added substituent away. The method used for every row is a reading, not a rule the Act states: a modification that limb (a) or limb (c) plainly describes is treated as making a drug analogue; one contestable modification (a swap within one paragraph of s301.9(2), or a core ring replaced), a single limb (d) change from the listed drug, or an express exclusion or different listing in the Regulations is treated as making the exposure conditional; anything more, including adding or removing a ring, is treated as outside s301.9. Because s301.9(1)(c) allows a modification «obtained in one or more of the following ways», the tier this gives can depend on how a change is described, and nothing read settles which description governs. On that method its controlled drug status is conditional; no court decision on it was read. The Customs (Prohibited Imports) Regulations 1956 Schedule 4 item 5B names it within «Alkoxyphenylethylamines». The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» The import thresholds are very small. Import and export are offences of their own in Division 307 against the border controlled drug listing (Schedule 2 item 107): s307.3, imprisonment for 10 years or 2,000 penalty units, or both, with a defence if the person proves no intention or belief that any would be sold; s307.4, which needs no commercial intent, 2 years or 400 penalty units, or both; s307.2 for a marketable quantity (0.002 g or more), 25 years or 5,000 penalty units, or both; s307.1 for a commercial quantity (0.002 kg or more), imprisonment for life or 7,500 penalty units, or both. Possessing an unlawfully imported quantity is s307.5 to s307.7 on the same thresholds, and possessing one reasonably suspected of unlawful import is s307.8 to s307.10. The Customs Act s233(5) leaves border controlled drugs to these offences rather than to the Customs Act smuggling offence. Only if the conditional s301.9(1)(d) reading holds, as an analogue of 2C-I: Trafficking 25I-NBOMe (s302.1: selling, preparing for supply, transporting, guarding or possessing with intent to sell) is s302.4, imprisonment for 10 years or 2,000 penalty units, or both. Trafficking a marketable quantity, 100.0 g or more under Schedule 1 item 86 of the Criminal Code Regulations, is s302.3, 25 years or 5,000 penalty units, or both. A commercial quantity, 0.5 kg or more, is s302.2, imprisonment for life or 7,500 penalty units, or both. Under s302.5 a person who prepares, transports, guards or possesses a trafficable quantity, 0.5 g or more, is taken to have intended to sell unless they prove they had neither that intention nor belief, a legal burden (s13.4). Manufacturing 25I-NBOMe for a commercial purpose is s305.5, 10 years or 2,000 penalty units, or both (12 years or 2,400 penalty units if a child under 14 is exposed, s310.4); s305.4 for a marketable quantity, 25 years or 5,000 penalty units (28 years or 5,600 aggravated); s305.3 for a commercial quantity, imprisonment for life or 7,500 penalty units, or both. Under s305.6 manufacturing a trafficable quantity presumes the commercial purpose, rebuttably. Possessing 25I-NBOMe as a controlled drug is s308.1, imprisonment for 2 years or 400 penalty units, or both, and s308.1(3) lets the court deal with the offender as if the offence were the state or territory possession offence, so diversion available there is available here. Supplying any quantity to a child is s309.2, 15 years or 3,000 penalty units, or both. Part 9.1, other than the import and export offences in Division 307, does not apply to conduct justified or excused by or under a state or territory law (s313.1), which is how lawful prescribing and dispensing sit outside it. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together. Quantities are proved under s312.1 as in force on 2 October 2026, by the pure drug in a mixture. A substituted s312.1, enacted by the Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2026 (assented to 26 August 2026), Schedule 2 Part 2, will «treat the mixture as consisting wholly of the prohibited substance»; it commences on a day fixed by Proclamation or at the latest on 26 August 2027, and no Proclamation was found when this was read.
- If prescribed / medical
- No prescription route: 25I-NBOMe sits in Schedule 9 of F2026L01327. The Reader's guide, which is not part of the instrument, describes Schedule 9 as «Substances which may be abused or misused, the manufacture, possession, supply or use of which should be prohibited by law except when required for medical or scientific research, or for analytical, teaching or training purposes with approval of Commonwealth and/or State or Territory Health Authorities.» Outside an approved clinical trial or research, there is no lawful medical supply in Australia on anything read for this cell, and a foreign prescription does not change the Commonwealth position.
- Documentation
- No traveller exemption is shown for a Schedule 9 substance. The Australian Border Force traveller guidance (abf.gov.au, read 2 October 2026) covers «Prescription medicines such as morphine, oxycodone, methadone, methylphenidate, Adderall®, and benzodiazepines» and nothing read for this cell treats a foreign prescription for a Schedule 9 substance as lawful authority for an import that Division 307 otherwise punishes. An import needs an Office of Drug Control licence and permission under regulation 5(1) of the Customs (Prohibited Imports) Regulations 1956, and regulation 5(10) lets permission be granted only where, in the cases that apply to a private person, the drug «is required by the applicant for medical or scientific purposes». The personal importation rule in Therapeutic Goods Regulations 1990 Schedule 5 item 1, which covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family», does not help where the substance is a prohibited import, because it applies only where «the goods do not contain a substance the importation of which is prohibited under the Customs Act 1901».
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
2C-B
- Legal status
- Prohibited. 2C-B is named in Schedule 9 of F2026L01327 as «4-BROMO-2,5-DIMETHOXYPHENETHYLAMINE *(BDMPEA).». It must not be confused with the separate Schedule 9 entry «2,5-DIMETHOXY-4-BROMOAMFETAMINE *(DOB).»: DOB carries an alpha-methyl group on the side chain that 2C-B lacks, so it is a different drug with its own Criminal Code listing (Schedule 1 item 40, Schedule 2 item 32). Criminal Code Regulations 2019: a controlled drug at Schedule 1 item 84 (commercial quantity 0.5 kg, marketable 100.0 g, trafficable 0.5 g) and a border controlled drug at Schedule 2 item 59 (commercial 0.5 kg, marketable 0.5 g). Customs (Prohibited Imports) Regulations 1956 Schedule 4 item 30A («30A 4-bromo-2,5-dimethoxyphenethylamine (otherwise known as 2-CB)»). The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» Trafficking 2C-B (s302.1: selling, preparing for supply, transporting, guarding or possessing with intent to sell) is s302.4, imprisonment for 10 years or 2,000 penalty units, or both. Trafficking a marketable quantity, 100.0 g or more under Schedule 1 item 84 of the Criminal Code Regulations, is s302.3, 25 years or 5,000 penalty units, or both. A commercial quantity, 0.5 kg or more, is s302.2, imprisonment for life or 7,500 penalty units, or both. Under s302.5 a person who prepares, transports, guards or possesses a trafficable quantity, 0.5 g or more, is taken to have intended to sell unless they prove they had neither that intention nor belief, a legal burden (s13.4). Manufacturing 2C-B for a commercial purpose is s305.5, 10 years or 2,000 penalty units, or both (12 years or 2,400 penalty units if a child under 14 is exposed, s310.4); s305.4 for a marketable quantity, 25 years or 5,000 penalty units (28 years or 5,600 aggravated); s305.3 for a commercial quantity, imprisonment for life or 7,500 penalty units, or both. Under s305.6 manufacturing a trafficable quantity presumes the commercial purpose, rebuttably. Import and export are offences of their own in Division 307 against the border controlled drug listing (Schedule 2 item 59): s307.3, imprisonment for 10 years or 2,000 penalty units, or both, with a defence if the person proves no intention or belief that any would be sold; s307.4, which needs no commercial intent, 2 years or 400 penalty units, or both; s307.2 for a marketable quantity (0.5 g or more), 25 years or 5,000 penalty units, or both; s307.1 for a commercial quantity (0.5 kg or more), imprisonment for life or 7,500 penalty units, or both. Possessing an unlawfully imported quantity is s307.5 to s307.7 on the same thresholds, and possessing one reasonably suspected of unlawful import is s307.8 to s307.10. The Customs Act s233(5) leaves border controlled drugs to these offences rather than to the Customs Act smuggling offence. Possessing 2C-B as a controlled drug is s308.1, imprisonment for 2 years or 400 penalty units, or both, and s308.1(3) lets the court deal with the offender as if the offence were the state or territory possession offence, so diversion available there is available here. Supplying any quantity to a child is s309.2, 15 years or 3,000 penalty units, or both. Part 9.1, other than the import and export offences in Division 307, does not apply to conduct justified or excused by or under a state or territory law (s313.1), which is how lawful prescribing and dispensing sit outside it. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together. Quantities are proved under s312.1 as in force on 2 October 2026, by the pure drug in a mixture. A substituted s312.1, enacted by the Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2026 (assented to 26 August 2026), Schedule 2 Part 2, will «treat the mixture as consisting wholly of the prohibited substance»; it commences on a day fixed by Proclamation or at the latest on 26 August 2027, and no Proclamation was found when this was read.
- If prescribed / medical
- No prescription route: 2C-B sits in Schedule 9 of F2026L01327. The Reader's guide, which is not part of the instrument, describes Schedule 9 as «Substances which may be abused or misused, the manufacture, possession, supply or use of which should be prohibited by law except when required for medical or scientific research, or for analytical, teaching or training purposes with approval of Commonwealth and/or State or Territory Health Authorities.» Outside an approved clinical trial or research, there is no lawful medical supply in Australia on anything read for this cell, and a foreign prescription does not change the Commonwealth position.
- Documentation
- No traveller exemption is shown for a Schedule 9 substance. The Australian Border Force traveller guidance (abf.gov.au, read 2 October 2026) covers «Prescription medicines such as morphine, oxycodone, methadone, methylphenidate, Adderall®, and benzodiazepines» and nothing read for this cell treats a foreign prescription for a Schedule 9 substance as lawful authority for an import that Division 307 otherwise punishes. An import needs an Office of Drug Control licence and permission under regulation 5(1) of the Customs (Prohibited Imports) Regulations 1956, and regulation 5(10) lets permission be granted only where, in the cases that apply to a private person, the drug «is required by the applicant for medical or scientific purposes». The personal importation rule in Therapeutic Goods Regulations 1990 Schedule 5 item 1, which covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family», does not help where the substance is a prohibited import, because it applies only where «the goods do not contain a substance the importation of which is prohibited under the Customs Act 1901».
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
2C-E
- Legal status
- Prohibited. 2C-E (2,5-dimethoxy-4-ethylphenethylamine) is not named in F2026L01327 as in force on 2 October 2026, but it is a phenethylamine carrying two methoxy groups on the ring, so two Schedule 9 entries reach it: «ALKOXYPHENYLETHYLAMINES and substituted alkoxyphenylethylamines except when separately specified in these Schedules.» and the mescaline entry, which extends to «other substances structurally derived from methoxy-phenylethylamine». Criminal Code Regulations 2019: a controlled drug at Schedule 1 item 85 (commercial quantity 0.5 kg, marketable 100.0 g, trafficable 0.5 g) and a border controlled drug at Schedule 2 item 61 (commercial 0.5 kg, marketable 0.5 g). Customs (Prohibited Imports) Regulations 1956 Schedule 4 item 66AA («66AA 2,5-dimethoxy-4-ethylphenethylamine (otherwise known as 2C-E)»). The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» Trafficking 2C-E (s302.1: selling, preparing for supply, transporting, guarding or possessing with intent to sell) is s302.4, imprisonment for 10 years or 2,000 penalty units, or both. Trafficking a marketable quantity, 100.0 g or more under Schedule 1 item 85 of the Criminal Code Regulations, is s302.3, 25 years or 5,000 penalty units, or both. A commercial quantity, 0.5 kg or more, is s302.2, imprisonment for life or 7,500 penalty units, or both. Under s302.5 a person who prepares, transports, guards or possesses a trafficable quantity, 0.5 g or more, is taken to have intended to sell unless they prove they had neither that intention nor belief, a legal burden (s13.4). Manufacturing 2C-E for a commercial purpose is s305.5, 10 years or 2,000 penalty units, or both (12 years or 2,400 penalty units if a child under 14 is exposed, s310.4); s305.4 for a marketable quantity, 25 years or 5,000 penalty units (28 years or 5,600 aggravated); s305.3 for a commercial quantity, imprisonment for life or 7,500 penalty units, or both. Under s305.6 manufacturing a trafficable quantity presumes the commercial purpose, rebuttably. Import and export are offences of their own in Division 307 against the border controlled drug listing (Schedule 2 item 61): s307.3, imprisonment for 10 years or 2,000 penalty units, or both, with a defence if the person proves no intention or belief that any would be sold; s307.4, which needs no commercial intent, 2 years or 400 penalty units, or both; s307.2 for a marketable quantity (0.5 g or more), 25 years or 5,000 penalty units, or both; s307.1 for a commercial quantity (0.5 kg or more), imprisonment for life or 7,500 penalty units, or both. Possessing an unlawfully imported quantity is s307.5 to s307.7 on the same thresholds, and possessing one reasonably suspected of unlawful import is s307.8 to s307.10. The Customs Act s233(5) leaves border controlled drugs to these offences rather than to the Customs Act smuggling offence. Possessing 2C-E as a controlled drug is s308.1, imprisonment for 2 years or 400 penalty units, or both, and s308.1(3) lets the court deal with the offender as if the offence were the state or territory possession offence, so diversion available there is available here. Supplying any quantity to a child is s309.2, 15 years or 3,000 penalty units, or both. Part 9.1, other than the import and export offences in Division 307, does not apply to conduct justified or excused by or under a state or territory law (s313.1), which is how lawful prescribing and dispensing sit outside it. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together. Quantities are proved under s312.1 as in force on 2 October 2026, by the pure drug in a mixture. A substituted s312.1, enacted by the Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2026 (assented to 26 August 2026), Schedule 2 Part 2, will «treat the mixture as consisting wholly of the prohibited substance»; it commences on a day fixed by Proclamation or at the latest on 26 August 2027, and no Proclamation was found when this was read.
- If prescribed / medical
- No prescription route: 2C-E sits in Schedule 9 of F2026L01327. The Reader's guide, which is not part of the instrument, describes Schedule 9 as «Substances which may be abused or misused, the manufacture, possession, supply or use of which should be prohibited by law except when required for medical or scientific research, or for analytical, teaching or training purposes with approval of Commonwealth and/or State or Territory Health Authorities.» Outside an approved clinical trial or research, there is no lawful medical supply in Australia on anything read for this cell, and a foreign prescription does not change the Commonwealth position.
- Documentation
- No traveller exemption is shown for a Schedule 9 substance. The Australian Border Force traveller guidance (abf.gov.au, read 2 October 2026) covers «Prescription medicines such as morphine, oxycodone, methadone, methylphenidate, Adderall®, and benzodiazepines» and nothing read for this cell treats a foreign prescription for a Schedule 9 substance as lawful authority for an import that Division 307 otherwise punishes. An import needs an Office of Drug Control licence and permission under regulation 5(1) of the Customs (Prohibited Imports) Regulations 1956, and regulation 5(10) lets permission be granted only where, in the cases that apply to a private person, the drug «is required by the applicant for medical or scientific purposes». The personal importation rule in Therapeutic Goods Regulations 1990 Schedule 5 item 1, which covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family», does not help where the substance is a prohibited import, because it applies only where «the goods do not contain a substance the importation of which is prohibited under the Customs Act 1901».
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
2C-I
- Legal status
- Prohibited. 2C-I is named in Schedule 9 of F2026L01327 as «2,5-DIMETHOXY-4-IODOPHENETHYLAMINE *(2C-I).». Criminal Code Regulations 2019: a controlled drug at Schedule 1 item 86 (commercial quantity 0.5 kg, marketable 100.0 g, trafficable 0.5 g) and a border controlled drug at Schedule 2 item 63 (commercial 0.5 kg, marketable 0.5 g). Customs (Prohibited Imports) Regulations 1956 Schedule 4 item 66B (printed «66B 2,5-dimethoxy-4-iodophenethylamine (otherwise known as 2C-1)», the regulation's own misprint of 2C-I). The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» Trafficking 2C-I (s302.1: selling, preparing for supply, transporting, guarding or possessing with intent to sell) is s302.4, imprisonment for 10 years or 2,000 penalty units, or both. Trafficking a marketable quantity, 100.0 g or more under Schedule 1 item 86 of the Criminal Code Regulations, is s302.3, 25 years or 5,000 penalty units, or both. A commercial quantity, 0.5 kg or more, is s302.2, imprisonment for life or 7,500 penalty units, or both. Under s302.5 a person who prepares, transports, guards or possesses a trafficable quantity, 0.5 g or more, is taken to have intended to sell unless they prove they had neither that intention nor belief, a legal burden (s13.4). Manufacturing 2C-I for a commercial purpose is s305.5, 10 years or 2,000 penalty units, or both (12 years or 2,400 penalty units if a child under 14 is exposed, s310.4); s305.4 for a marketable quantity, 25 years or 5,000 penalty units (28 years or 5,600 aggravated); s305.3 for a commercial quantity, imprisonment for life or 7,500 penalty units, or both. Under s305.6 manufacturing a trafficable quantity presumes the commercial purpose, rebuttably. Import and export are offences of their own in Division 307 against the border controlled drug listing (Schedule 2 item 63): s307.3, imprisonment for 10 years or 2,000 penalty units, or both, with a defence if the person proves no intention or belief that any would be sold; s307.4, which needs no commercial intent, 2 years or 400 penalty units, or both; s307.2 for a marketable quantity (0.5 g or more), 25 years or 5,000 penalty units, or both; s307.1 for a commercial quantity (0.5 kg or more), imprisonment for life or 7,500 penalty units, or both. Possessing an unlawfully imported quantity is s307.5 to s307.7 on the same thresholds, and possessing one reasonably suspected of unlawful import is s307.8 to s307.10. The Customs Act s233(5) leaves border controlled drugs to these offences rather than to the Customs Act smuggling offence. Possessing 2C-I as a controlled drug is s308.1, imprisonment for 2 years or 400 penalty units, or both, and s308.1(3) lets the court deal with the offender as if the offence were the state or territory possession offence, so diversion available there is available here. Supplying any quantity to a child is s309.2, 15 years or 3,000 penalty units, or both. Part 9.1, other than the import and export offences in Division 307, does not apply to conduct justified or excused by or under a state or territory law (s313.1), which is how lawful prescribing and dispensing sit outside it. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together. Quantities are proved under s312.1 as in force on 2 October 2026, by the pure drug in a mixture. A substituted s312.1, enacted by the Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2026 (assented to 26 August 2026), Schedule 2 Part 2, will «treat the mixture as consisting wholly of the prohibited substance»; it commences on a day fixed by Proclamation or at the latest on 26 August 2027, and no Proclamation was found when this was read.
- If prescribed / medical
- No prescription route: 2C-I sits in Schedule 9 of F2026L01327. The Reader's guide, which is not part of the instrument, describes Schedule 9 as «Substances which may be abused or misused, the manufacture, possession, supply or use of which should be prohibited by law except when required for medical or scientific research, or for analytical, teaching or training purposes with approval of Commonwealth and/or State or Territory Health Authorities.» Outside an approved clinical trial or research, there is no lawful medical supply in Australia on anything read for this cell, and a foreign prescription does not change the Commonwealth position.
- Documentation
- No traveller exemption is shown for a Schedule 9 substance. The Australian Border Force traveller guidance (abf.gov.au, read 2 October 2026) covers «Prescription medicines such as morphine, oxycodone, methadone, methylphenidate, Adderall®, and benzodiazepines» and nothing read for this cell treats a foreign prescription for a Schedule 9 substance as lawful authority for an import that Division 307 otherwise punishes. An import needs an Office of Drug Control licence and permission under regulation 5(1) of the Customs (Prohibited Imports) Regulations 1956, and regulation 5(10) lets permission be granted only where, in the cases that apply to a private person, the drug «is required by the applicant for medical or scientific purposes». The personal importation rule in Therapeutic Goods Regulations 1990 Schedule 5 item 1, which covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family», does not help where the substance is a prohibited import, because it applies only where «the goods do not contain a substance the importation of which is prohibited under the Customs Act 1901».
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
2C-T-7
- Legal status
- Prohibited. 2C-T-7 is named in Schedule 9 of F2026L01327 as «2,5-DIMETHOXY-4-(N)-PROPYLTHIOPHENETHYLAMINE *(2C-T-7).» and in the Criminal Code Regulations 2019 as a border controlled drug at Schedule 2 item 71 (commercial 0.5 kg, marketable 0.5 g). It is not listed in Schedule 1. The nearest listed controlled drug is 2C-P, «2,5-Dimethoxy-4-(n)-propylphenethylamine (2C-P)» at item 90 (0.5 kg, 100.0 g, 0.5 g); 2C-T-7 is 2C-P with a sulphur atom between the ring and the propyl chain. That insertion is not one of the replacements in s301.9(1)(c), so 2C-T-7 is a controlled drug only through limb (d), «any other homologue, analogue, chemical derivative or substance substantially similar in chemical structure», as one inserted atom. The method used for every row is a reading, not a rule the Act states: a modification that limb (a) or limb (c) plainly describes is treated as making a drug analogue; one contestable modification (a swap within one paragraph of s301.9(2), or a core ring replaced), a single limb (d) change from the listed drug, or an express exclusion or different listing in the Regulations is treated as making the exposure conditional; anything more, including adding or removing a ring, is treated as outside s301.9. Because s301.9(1)(c) allows a modification «obtained in one or more of the following ways», the tier this gives can depend on how a change is described, and nothing read settles which description governs. On that method its controlled drug status is conditional; no court decision on 2C-T-7 was read. Customs (Prohibited Imports) Regulations 1956 Schedule 4 item 67A («67A 2,5-dimethoxy-4-n-propylthiophenethylamine (otherwise known as 2C-T-7)»). The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» Import and export are offences of their own in Division 307 against the border controlled drug listing (Schedule 2 item 71): s307.3, imprisonment for 10 years or 2,000 penalty units, or both, with a defence if the person proves no intention or belief that any would be sold; s307.4, which needs no commercial intent, 2 years or 400 penalty units, or both; s307.2 for a marketable quantity (0.5 g or more), 25 years or 5,000 penalty units, or both; s307.1 for a commercial quantity (0.5 kg or more), imprisonment for life or 7,500 penalty units, or both. Possessing an unlawfully imported quantity is s307.5 to s307.7 on the same thresholds, and possessing one reasonably suspected of unlawful import is s307.8 to s307.10. The Customs Act s233(5) leaves border controlled drugs to these offences rather than to the Customs Act smuggling offence. The trafficking, manufacture and possession offences reach it only if the conditional s301.9(1)(d) reading holds; if it does, Trafficking 2C-T-7 (s302.1: selling, preparing for supply, transporting, guarding or possessing with intent to sell) is s302.4, imprisonment for 10 years or 2,000 penalty units, or both. Trafficking a marketable quantity, 100.0 g or more under Schedule 1 item 90 of the Criminal Code Regulations, is s302.3, 25 years or 5,000 penalty units, or both. A commercial quantity, 0.5 kg or more, is s302.2, imprisonment for life or 7,500 penalty units, or both. Under s302.5 a person who prepares, transports, guards or possesses a trafficable quantity, 0.5 g or more, is taken to have intended to sell unless they prove they had neither that intention nor belief, a legal burden (s13.4). Manufacturing 2C-T-7 for a commercial purpose is s305.5, 10 years or 2,000 penalty units, or both (12 years or 2,400 penalty units if a child under 14 is exposed, s310.4); s305.4 for a marketable quantity, 25 years or 5,000 penalty units (28 years or 5,600 aggravated); s305.3 for a commercial quantity, imprisonment for life or 7,500 penalty units, or both. Under s305.6 manufacturing a trafficable quantity presumes the commercial purpose, rebuttably. Possessing 2C-T-7 as a controlled drug is s308.1, imprisonment for 2 years or 400 penalty units, or both, and s308.1(3) lets the court deal with the offender as if the offence were the state or territory possession offence, so diversion available there is available here. Supplying any quantity to a child is s309.2, 15 years or 3,000 penalty units, or both. Part 9.1, other than the import and export offences in Division 307, does not apply to conduct justified or excused by or under a state or territory law (s313.1), which is how lawful prescribing and dispensing sit outside it. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together. Quantities are proved under s312.1 as in force on 2 October 2026, by the pure drug in a mixture. A substituted s312.1, enacted by the Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2026 (assented to 26 August 2026), Schedule 2 Part 2, will «treat the mixture as consisting wholly of the prohibited substance»; it commences on a day fixed by Proclamation or at the latest on 26 August 2027, and no Proclamation was found when this was read.
- If prescribed / medical
- No prescription route: 2C-T-7 sits in Schedule 9 of F2026L01327. The Reader's guide, which is not part of the instrument, describes Schedule 9 as «Substances which may be abused or misused, the manufacture, possession, supply or use of which should be prohibited by law except when required for medical or scientific research, or for analytical, teaching or training purposes with approval of Commonwealth and/or State or Territory Health Authorities.» Outside an approved clinical trial or research, there is no lawful medical supply in Australia on anything read for this cell, and a foreign prescription does not change the Commonwealth position.
- Documentation
- No traveller exemption is shown for a Schedule 9 substance. The Australian Border Force traveller guidance (abf.gov.au, read 2 October 2026) covers «Prescription medicines such as morphine, oxycodone, methadone, methylphenidate, Adderall®, and benzodiazepines» and nothing read for this cell treats a foreign prescription for a Schedule 9 substance as lawful authority for an import that Division 307 otherwise punishes. An import needs an Office of Drug Control licence and permission under regulation 5(1) of the Customs (Prohibited Imports) Regulations 1956, and regulation 5(10) lets permission be granted only where, in the cases that apply to a private person, the drug «is required by the applicant for medical or scientific purposes». The personal importation rule in Therapeutic Goods Regulations 1990 Schedule 5 item 1, which covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family», does not help where the substance is a prohibited import, because it applies only where «the goods do not contain a substance the importation of which is prohibited under the Customs Act 1901».
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
3-MMC
- Legal status
- Prohibited. 3-MMC (3-methylmethcathinone) is not named in F2026L01327 or in the Criminal Code Regulations 2019, each as in force on 2 October 2026. In F2026L01327 it is within the Schedule 9 class entry «CATHINONES except when separately specified in these Schedules.», being methcathinone with a methyl group on the ring. In the Criminal Code it is a primary drug analogue of mephedrone (4-MMC): s301.9(1)(a) lists «(ii) a structural isomer having the same constituent groups», and 3-MMC is 4-MMC with the same methyl group moved from the 4 to the 3 position. So it is a controlled drug and border controlled drug at 4-MMC's quantities (Schedule 1 item 183: commercial 0.75 kg, marketable 250.0 g, trafficable 2.0 g; Schedule 2 item 138: 0.75 kg, 2.0 g). The Customs (Prohibited Imports) Regulations 1956 name it, «147AA 3-methylmethcathinone (otherwise known as 3-MMC)». The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» Trafficking 3-MMC (s302.1: selling, preparing for supply, transporting, guarding or possessing with intent to sell) is s302.4, imprisonment for 10 years or 2,000 penalty units, or both. As a primary analogue of 4-MMC it takes 4-MMC's quantities under s301.10 to s301.12 table item 2. Trafficking a marketable quantity, 250.0 g or more under Schedule 1 item 183 of the Criminal Code Regulations, is s302.3, 25 years or 5,000 penalty units, or both. A commercial quantity, 0.75 kg or more, is s302.2, imprisonment for life or 7,500 penalty units, or both. Under s302.5 a person who prepares, transports, guards or possesses a trafficable quantity, 2.0 g or more, is taken to have intended to sell unless they prove they had neither that intention nor belief, a legal burden (s13.4). Manufacturing 3-MMC for a commercial purpose is s305.5, 10 years or 2,000 penalty units, or both (12 years or 2,400 penalty units if a child under 14 is exposed, s310.4); s305.4 for a marketable quantity, 25 years or 5,000 penalty units (28 years or 5,600 aggravated); s305.3 for a commercial quantity, imprisonment for life or 7,500 penalty units, or both. Under s305.6 manufacturing a trafficable quantity presumes the commercial purpose, rebuttably. Import and export are offences of their own in Division 307 against the border controlled drug listing (Schedule 2 item 138), by s301.4(1)(b) as a primary analogue of 4-MMC: s307.3, imprisonment for 10 years or 2,000 penalty units, or both, with a defence if the person proves no intention or belief that any would be sold; s307.4, which needs no commercial intent, 2 years or 400 penalty units, or both; s307.2 for a marketable quantity (2.0 g or more), 25 years or 5,000 penalty units, or both; s307.1 for a commercial quantity (0.75 kg or more), imprisonment for life or 7,500 penalty units, or both. Possessing an unlawfully imported quantity is s307.5 to s307.7 on the same thresholds, and possessing one reasonably suspected of unlawful import is s307.8 to s307.10. The Customs Act s233(5) leaves border controlled drugs to these offences rather than to the Customs Act smuggling offence. Possessing 3-MMC as a controlled drug is s308.1, imprisonment for 2 years or 400 penalty units, or both, and s308.1(3) lets the court deal with the offender as if the offence were the state or territory possession offence, so diversion available there is available here. Supplying any quantity to a child is s309.2, 15 years or 3,000 penalty units, or both. Part 9.1, other than the import and export offences in Division 307, does not apply to conduct justified or excused by or under a state or territory law (s313.1), which is how lawful prescribing and dispensing sit outside it. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together. Quantities are proved under s312.1 as in force on 2 October 2026, by the pure drug in a mixture. A substituted s312.1, enacted by the Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2026 (assented to 26 August 2026), Schedule 2 Part 2, will «treat the mixture as consisting wholly of the prohibited substance»; it commences on a day fixed by Proclamation or at the latest on 26 August 2027, and no Proclamation was found when this was read.
- If prescribed / medical
- No prescription route: 3-MMC sits in Schedule 9 of F2026L01327. The Reader's guide, which is not part of the instrument, describes Schedule 9 as «Substances which may be abused or misused, the manufacture, possession, supply or use of which should be prohibited by law except when required for medical or scientific research, or for analytical, teaching or training purposes with approval of Commonwealth and/or State or Territory Health Authorities.» Outside an approved clinical trial or research, there is no lawful medical supply in Australia on anything read for this cell, and a foreign prescription does not change the Commonwealth position.
- Documentation
- No traveller exemption is shown for a Schedule 9 substance. The Australian Border Force traveller guidance (abf.gov.au, read 2 October 2026) covers «Prescription medicines such as morphine, oxycodone, methadone, methylphenidate, Adderall®, and benzodiazepines» and nothing read for this cell treats a foreign prescription for a Schedule 9 substance as lawful authority for an import that Division 307 otherwise punishes. An import needs an Office of Drug Control licence and permission under regulation 5(1) of the Customs (Prohibited Imports) Regulations 1956, and regulation 5(10) lets permission be granted only where, in the cases that apply to a private person, the drug «is required by the applicant for medical or scientific purposes». The personal importation rule in Therapeutic Goods Regulations 1990 Schedule 5 item 1, which covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family», does not help where the substance is a prohibited import, because it applies only where «the goods do not contain a substance the importation of which is prohibited under the Customs Act 1901».
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
4-AcO-DMT
- Legal status
- Prohibited. 4-AcO-DMT (psilacetin) is the acetate ester of psilocine. The Criminal Code Regulations 2019 name it as a controlled drug, «4-Acetoxy-N, N-dimethyltryptamine (4-AcO-DMT)» at Schedule 1 item 2 (commercial 2.0 kg, marketable 250.0 g, trafficable 2.0 g). It is not named in Schedule 2; it is a border controlled drug as a drug analogue of psilocine (Schedule 2 item 195: 0.1 kg, 0.1 g), an acyloxy group in place of psilocine's hydroxy group, both specified in different paragraphs of s301.9(2) ((a) «acyloxy» and (c) «hydroxy»), which s301.9(1)(c)(iii) plainly describes. F2026L01327 does not name it, but s7(c) makes the Schedule 9 entry «3-(2-DIMETHYLAMINOETHYL)-4-HYDROXYINDOLE *(PSILOCINE or PSILOTSIN).» include «every salt, active principle or derivative of the substance, including esters and ethers». Poisons Standard s7(c) extends a named substance to «every salt, active principle or derivative of the substance, including esters and ethers», and the instrument does not define derivative. This data set reads it with the definition the Customs (Prohibited Imports) Regulations 1956 give in regulation 5(20), «any substance chemically derived from the chemical or compound and from which the chemical or compound may be regenerated»: a salt, ester, ether or amide from which the named substance is regenerated is a derivative, and a compound from which it cannot be regenerated is not shown as one. Psilocine is regenerated from 4-AcO-DMT by hydrolysis of the ester, so on the derivative reading it is Schedule 9 as in force on 2 October 2026. At the border it is also a derivative of psilocine under regulation 5(20) of the Prohibited Imports Regulations, because psilocine is regenerated from it by hydrolysis, so Schedule 4 item 213 («213 Psilocine») reaches it. The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» Trafficking 4-AcO-DMT (s302.1: selling, preparing for supply, transporting, guarding or possessing with intent to sell) is s302.4, imprisonment for 10 years or 2,000 penalty units, or both. Trafficking a marketable quantity, 250.0 g or more under Schedule 1 item 2 of the Criminal Code Regulations, is s302.3, 25 years or 5,000 penalty units, or both. A commercial quantity, 2.0 kg or more, is s302.2, imprisonment for life or 7,500 penalty units, or both. Under s302.5 a person who prepares, transports, guards or possesses a trafficable quantity, 2.0 g or more, is taken to have intended to sell unless they prove they had neither that intention nor belief, a legal burden (s13.4). Manufacturing 4-AcO-DMT for a commercial purpose is s305.5, 10 years or 2,000 penalty units, or both (12 years or 2,400 penalty units if a child under 14 is exposed, s310.4); s305.4 for a marketable quantity, 25 years or 5,000 penalty units (28 years or 5,600 aggravated); s305.3 for a commercial quantity, imprisonment for life or 7,500 penalty units, or both. Under s305.6 manufacturing a trafficable quantity presumes the commercial purpose, rebuttably. Import and export are offences of their own in Division 307 against the border controlled drug listing (Schedule 2 item 195), by s301.4(1)(b) as an analogue of psilocine: s307.3, imprisonment for 10 years or 2,000 penalty units, or both, with a defence if the person proves no intention or belief that any would be sold; s307.4, which needs no commercial intent, 2 years or 400 penalty units, or both; s307.2 for a marketable quantity (0.1 g or more), 25 years or 5,000 penalty units, or both; s307.1 for a commercial quantity (0.1 kg or more), imprisonment for life or 7,500 penalty units, or both. Possessing an unlawfully imported quantity is s307.5 to s307.7 on the same thresholds, and possessing one reasonably suspected of unlawful import is s307.8 to s307.10. The Customs Act s233(5) leaves border controlled drugs to these offences rather than to the Customs Act smuggling offence. Possessing 4-AcO-DMT as a controlled drug is s308.1, imprisonment for 2 years or 400 penalty units, or both, and s308.1(3) lets the court deal with the offender as if the offence were the state or territory possession offence, so diversion available there is available here. Supplying any quantity to a child is s309.2, 15 years or 3,000 penalty units, or both. Part 9.1, other than the import and export offences in Division 307, does not apply to conduct justified or excused by or under a state or territory law (s313.1), which is how lawful prescribing and dispensing sit outside it. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together. Quantities are proved under s312.1 as in force on 2 October 2026, by the pure drug in a mixture. A substituted s312.1, enacted by the Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2026 (assented to 26 August 2026), Schedule 2 Part 2, will «treat the mixture as consisting wholly of the prohibited substance»; it commences on a day fixed by Proclamation or at the latest on 26 August 2027, and no Proclamation was found when this was read. Psilocine's border thresholds are small: 0.1 g is a marketable quantity for import.
- If prescribed / medical
- No prescription route: 4-AcO-DMT, as an ester of psilocine, sits in Schedule 9 of F2026L01327. The Reader's guide, which is not part of the instrument, describes Schedule 9 as «Substances which may be abused or misused, the manufacture, possession, supply or use of which should be prohibited by law except when required for medical or scientific research, or for analytical, teaching or training purposes with approval of Commonwealth and/or State or Territory Health Authorities.» Outside an approved clinical trial or research, there is no lawful medical supply in Australia on anything read for this cell, and a foreign prescription does not change the Commonwealth position. The Schedule 8 psilocybine route for treatment-resistant depression does not extend to it.
- Documentation
- No traveller exemption is shown for a Schedule 9 substance. The Australian Border Force traveller guidance (abf.gov.au, read 2 October 2026) covers «Prescription medicines such as morphine, oxycodone, methadone, methylphenidate, Adderall®, and benzodiazepines» and nothing read for this cell treats a foreign prescription for a Schedule 9 substance as lawful authority for an import that Division 307 otherwise punishes. An import needs an Office of Drug Control licence and permission under regulation 5(1) of the Customs (Prohibited Imports) Regulations 1956, and regulation 5(10) lets permission be granted only where, in the cases that apply to a private person, the drug «is required by the applicant for medical or scientific purposes». The personal importation rule in Therapeutic Goods Regulations 1990 Schedule 5 item 1, which covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family», does not help where the substance is a prohibited import, because it applies only where «the goods do not contain a substance the importation of which is prohibited under the Customs Act 1901».
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
4-HO-MET
- Legal status
- Controlled federally as a drug analogue of a listed drug; its border status is conditional and the Poisons Standard does not place it. 4-HO-MET (metocin) is not named in F2026L01327, in the Criminal Code Regulations 2019 or in Schedule 4 of the Customs (Prohibited Imports) Regulations 1956, each as in force on 2 October 2026. Criminal Code s301.9(1) makes a substance a drug analogue of a listed drug if it is, among other things, «a structural modification obtained in one or more of the following ways», including «(iii) by the replacement of one or more of the groups or atoms specified in subsection (2) with one or more of the other groups or atoms specified in that subsection», or «(d) any other homologue, analogue, chemical derivative or substance substantially similar in chemical structure». Controlled drug: 4-HO-MET is 4-AcO-MET, which Schedule 1 item 3 lists («4-Acetoxy-N-methyl-N-ethyltryptamine (4-AcO-MET)»: 2.0 kg, 250.0 g, 2.0 g), with the acyloxy group replaced by a hydroxy group, groups specified in different paragraphs of s301.9(2) ((a) and (c)), which s301.9(1)(c)(iii) plainly describes; so it is a controlled drug at 4-AcO-MET's quantities. Border: 4-AcO-MET is not in Schedule 2, and the nearest listed border controlled drug is psilocine (Schedule 2 item 195: 0.1 kg, 0.1 g), from which 4-HO-MET differs by an N-methyl group becoming N-ethyl, a swap within the one alkyl paragraph s301.9(2)(b). The method used for every row is a reading, not a rule the Act states: a modification that limb (a) or limb (c) plainly describes is treated as making a drug analogue; one contestable modification (a swap within one paragraph of s301.9(2), or a core ring replaced), a single limb (d) change from the listed drug, or an express exclusion or different listing in the Regulations is treated as making the exposure conditional; anything more, including adding or removing a ring, is treated as outside s301.9. Because s301.9(1)(c) allows a modification «obtained in one or more of the following ways», the tier this gives can depend on how a change is described, and nothing read settles which description governs. On that method 4-HO-MET is a controlled drug, and a border controlled drug only conditionally. Described another way the step is plain: psilocine's N-methyl group gaining a methyl group in place of one of its hydrogen atoms, a hydrogen atom («hydrogen atoms», (2)(d)) replaced by an alkyl group ((2)(b)). Because s301.9(1)(c) allows a structural modification «obtained in one or more of the following ways», nothing read decides whether such a redescription, or a composition of steps, is accepted, so the tier depends on the description and this cell keeps the exposure conditional. Prohibited Imports Regulations: regulation 5(20) makes a drug include «an isomer or a mixture of isomers of a chemical or compound referred to in paragraph (a)», and 4-HO-MET has the same molecular formula, C13H18N2O, as 5-MeO-DMT, which Schedule 4 names («139C 5-methoxy-N,N-dimethyltryptamine (otherwise known as 5-MEO-DMT)»). If «isomer» there reaches a structural isomer carrying different groups, and not only a stereoisomer, 4-HO-MET is a drug for regulation 5 and a prohibited import; nothing read settles that, so its prohibited import status is conditional. Poisons Standard: Poisons Standard s7(c) extends a named substance to «every salt, active principle or derivative of the substance, including esters and ethers», and the instrument does not define derivative. This data set reads it with the definition the Customs (Prohibited Imports) Regulations 1956 give in regulation 5(20), «any substance chemically derived from the chemical or compound and from which the chemical or compound may be regenerated»: a salt, ester, ether or amide from which the named substance is regenerated is a derivative, and a compound from which it cannot be regenerated is not shown as one. Psilocine cannot be regenerated from 4-HO-MET, whose N-ethyl group does not convert back to N-methyl, so it is not shown as a derivative of psilocine; no class entry covers tryptamines, and its placement is a question for each state and territory applying the Standard. The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» The controlled drug offences apply: Trafficking 4-HO-MET (s302.1: selling, preparing for supply, transporting, guarding or possessing with intent to sell) is s302.4, imprisonment for 10 years or 2,000 penalty units, or both. As an analogue of 4-AcO-MET it takes that drug's quantities under s301.10 to s301.12 table item 2. Trafficking a marketable quantity, 250.0 g or more under Schedule 1 item 3 of the Criminal Code Regulations, is s302.3, 25 years or 5,000 penalty units, or both. A commercial quantity, 2.0 kg or more, is s302.2, imprisonment for life or 7,500 penalty units, or both. Under s302.5 a person who prepares, transports, guards or possesses a trafficable quantity, 2.0 g or more, is taken to have intended to sell unless they prove they had neither that intention nor belief, a legal burden (s13.4). Manufacturing 4-HO-MET for a commercial purpose is s305.5, 10 years or 2,000 penalty units, or both (12 years or 2,400 penalty units if a child under 14 is exposed, s310.4); s305.4 for a marketable quantity, 25 years or 5,000 penalty units (28 years or 5,600 aggravated); s305.3 for a commercial quantity, imprisonment for life or 7,500 penalty units, or both. Under s305.6 manufacturing a trafficable quantity presumes the commercial purpose, rebuttably. Possessing 4-HO-MET as a controlled drug is s308.1, imprisonment for 2 years or 400 penalty units, or both, and s308.1(3) lets the court deal with the offender as if the offence were the state or territory possession offence, so diversion available there is available here. Supplying any quantity to a child is s309.2, 15 years or 3,000 penalty units, or both. The border offences turn on the conditional border reading. If it holds: Import and export are offences of their own in Division 307 against the border controlled drug listing (Schedule 2 item 195), by s301.4(1)(b) as an analogue of psilocine, if that reading holds: s307.3, imprisonment for 10 years or 2,000 penalty units, or both, with a defence if the person proves no intention or belief that any would be sold; s307.4, which needs no commercial intent, 2 years or 400 penalty units, or both; s307.2 for a marketable quantity (0.1 g or more), 25 years or 5,000 penalty units, or both; s307.1 for a commercial quantity (0.1 kg or more), imprisonment for life or 7,500 penalty units, or both. Possessing an unlawfully imported quantity is s307.5 to s307.7 on the same thresholds, and possessing one reasonably suspected of unlawful import is s307.8 to s307.10. The Customs Act s233(5) leaves border controlled drugs to these offences rather than to the Customs Act smuggling offence. If it does not, Division 307 does not apply, Part 9.2 is excluded because 4-HO-MET is a controlled drug (s320.2(2)(j)), and the import is reached only if regulation 5(20) makes it a drug as an isomer of 5-MeO-DMT, in which case importing it without a licence and permission contravenes Customs Act s233(1)(b), punishable under s233AB(2) by a fine only, the greater of 3 times the value of the goods or 1,000 penalty units. Part 9.1, other than the import and export offences in Division 307, does not apply to conduct justified or excused by or under a state or territory law (s313.1), which is how lawful prescribing and dispensing sit outside it. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together. Quantities are proved under s312.1 as in force on 2 October 2026, by the pure drug in a mixture. A substituted s312.1, enacted by the Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2026 (assented to 26 August 2026), Schedule 2 Part 2, will «treat the mixture as consisting wholly of the prohibited substance»; it commences on a day fixed by Proclamation or at the latest on 26 August 2027, and no Proclamation was found when this was read.
- If prescribed / medical
- No prescription route: 4-HO-MET is not a medicine in any instrument read, and its analogue status makes possession a Part 9.1 matter without any medical exception.
- Documentation
- No traveller exemption is shown for 4-HO-MET. The Australian Border Force traveller guidance (abf.gov.au, read 2 October 2026) covers «Prescription medicines such as morphine, oxycodone, methadone, methylphenidate, Adderall®, and benzodiazepines» and nothing read for this cell treats a foreign prescription for 4-HO-MET as lawful authority for an import that Division 307 otherwise punishes. An import needs an Office of Drug Control licence and permission under regulation 5(1) of the Customs (Prohibited Imports) Regulations 1956, and regulation 5(10) lets permission be granted only where, in the cases that apply to a private person, the drug «is required by the applicant for medical or scientific purposes». The personal importation rule in Therapeutic Goods Regulations 1990 Schedule 5 item 1, which covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family», does not help where the substance is a prohibited import, because it applies only where «the goods do not contain a substance the importation of which is prohibited under the Customs Act 1901».
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
5-MeO-DMT (Bufo / Toad)
- Legal status
- Prohibited. 5-MeO-DMT is the methyl ether of bufotenine (5-hydroxy-DMT). The Customs (Prohibited Imports) Regulations 1956 name it, «139C 5-methoxy-N,N-dimethyltryptamine (otherwise known as 5-MEO-DMT)». It is not named in the Criminal Code Regulations 2019 or in F2026L01327, each as in force on 2 October 2026. Criminal Code: bufotenine is a controlled drug at Schedule 1 item 48 (2.0 kg, 250.0 g, 2.0 g) and a border controlled drug at Schedule 2 item 34 (2.0 kg, 2.0 g), and 5-MeO-DMT is bufotenine with its hydroxy group ((2)(c)) replaced by an alkoxy group ((2)(a)), a swap between paragraphs that s301.9(1)(c)(iii) plainly describes, so it is a drug analogue at bufotenine's quantities; it is equally DMT with a hydrogen atom replaced by an alkoxy group, and DMT's quantities are the same. Poisons Standard: s7(c) makes «BUFOTENINE.» in Schedule 9 include «every salt, active principle or derivative of the substance, including esters and ethers». Poisons Standard s7(c) extends a named substance to «every salt, active principle or derivative of the substance, including esters and ethers», and the instrument does not define derivative. This data set reads it with the definition the Customs (Prohibited Imports) Regulations 1956 give in regulation 5(20), «any substance chemically derived from the chemical or compound and from which the chemical or compound may be regenerated»: a salt, ester, ether or amide from which the named substance is regenerated is a derivative, and a compound from which it cannot be regenerated is not shown as one. Bufotenine is regenerated from its methyl ether by ether cleavage, so on the derivative reading 5-MeO-DMT is Schedule 9; it is named in no Schedule. Toad secretions containing it are reached through s7(a) and (g). The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» Trafficking 5-MeO-DMT (s302.1: selling, preparing for supply, transporting, guarding or possessing with intent to sell) is s302.4, imprisonment for 10 years or 2,000 penalty units, or both. As a drug analogue of bufotenine it takes bufotenine's quantities. Trafficking a marketable quantity, 250.0 g or more under Schedule 1 item 48 of the Criminal Code Regulations, is s302.3, 25 years or 5,000 penalty units, or both. A commercial quantity, 2.0 kg or more, is s302.2, imprisonment for life or 7,500 penalty units, or both. Under s302.5 a person who prepares, transports, guards or possesses a trafficable quantity, 2.0 g or more, is taken to have intended to sell unless they prove they had neither that intention nor belief, a legal burden (s13.4). Manufacturing 5-MeO-DMT for a commercial purpose is s305.5, 10 years or 2,000 penalty units, or both (12 years or 2,400 penalty units if a child under 14 is exposed, s310.4); s305.4 for a marketable quantity, 25 years or 5,000 penalty units (28 years or 5,600 aggravated); s305.3 for a commercial quantity, imprisonment for life or 7,500 penalty units, or both. Under s305.6 manufacturing a trafficable quantity presumes the commercial purpose, rebuttably. Import and export are offences of their own in Division 307 against the border controlled drug listing (Schedule 2 item 34), by s301.4(1)(b) as an analogue of bufotenine: s307.3, imprisonment for 10 years or 2,000 penalty units, or both, with a defence if the person proves no intention or belief that any would be sold; s307.4, which needs no commercial intent, 2 years or 400 penalty units, or both; s307.2 for a marketable quantity (2.0 g or more), 25 years or 5,000 penalty units, or both; s307.1 for a commercial quantity (2.0 kg or more), imprisonment for life or 7,500 penalty units, or both. Possessing an unlawfully imported quantity is s307.5 to s307.7 on the same thresholds, and possessing one reasonably suspected of unlawful import is s307.8 to s307.10. The Customs Act s233(5) leaves border controlled drugs to these offences rather than to the Customs Act smuggling offence. Possessing 5-MeO-DMT as a controlled drug is s308.1, imprisonment for 2 years or 400 penalty units, or both, and s308.1(3) lets the court deal with the offender as if the offence were the state or territory possession offence, so diversion available there is available here. Supplying any quantity to a child is s309.2, 15 years or 3,000 penalty units, or both. Part 9.1, other than the import and export offences in Division 307, does not apply to conduct justified or excused by or under a state or territory law (s313.1), which is how lawful prescribing and dispensing sit outside it. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together. Quantities are proved under s312.1 as in force on 2 October 2026, by the pure drug in a mixture. A substituted s312.1, enacted by the Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2026 (assented to 26 August 2026), Schedule 2 Part 2, will «treat the mixture as consisting wholly of the prohibited substance»; it commences on a day fixed by Proclamation or at the latest on 26 August 2027, and no Proclamation was found when this was read.
- If prescribed / medical
- No prescription route: 5-MeO-DMT, as an ether of bufotenine, sits in Schedule 9 of F2026L01327. The Reader's guide, which is not part of the instrument, describes Schedule 9 as «Substances which may be abused or misused, the manufacture, possession, supply or use of which should be prohibited by law except when required for medical or scientific research, or for analytical, teaching or training purposes with approval of Commonwealth and/or State or Territory Health Authorities.» Outside an approved clinical trial or research, there is no lawful medical supply in Australia on anything read for this cell, and a foreign prescription does not change the Commonwealth position.
- Documentation
- No traveller exemption is shown for a Schedule 9 substance. The Australian Border Force traveller guidance (abf.gov.au, read 2 October 2026) covers «Prescription medicines such as morphine, oxycodone, methadone, methylphenidate, Adderall®, and benzodiazepines» and nothing read for this cell treats a foreign prescription for a Schedule 9 substance as lawful authority for an import that Division 307 otherwise punishes. An import needs an Office of Drug Control licence and permission under regulation 5(1) of the Customs (Prohibited Imports) Regulations 1956, and regulation 5(10) lets permission be granted only where, in the cases that apply to a private person, the drug «is required by the applicant for medical or scientific purposes». The personal importation rule in Therapeutic Goods Regulations 1990 Schedule 5 item 1, which covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family», does not help where the substance is a prohibited import, because it applies only where «the goods do not contain a substance the importation of which is prohibited under the Customs Act 1901».
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
6-APB
- Legal status
- Controlled federally by name in the Criminal Code Regulations; its Poisons Standard placement is by class and unsettled. 6-APB is listed as «1-(Benzofuran-6-yl) propan-2-amine (6-APB)» at Schedule 1 item 24 (commercial 0.75 kg, marketable 250.0 g, trafficable 0.75 g) and Schedule 2 item 20 (0.75 kg, 0.5 g), and the Customs (Prohibited Imports) Regulations 1956 name it at Schedule 4 item 19A («19A 1-(benzofuran-6-yl)propan-2-amine (otherwise known as 6-APB)»). F2026L01327 does not name it as in force on 2 October 2026. The Schedule 9 entry «ALKOXYAMFETAMINES and substituted alkoxyamfetamines except when separately specified in these Schedules.» may reach it, since its furan oxygen is an ether oxygen bonded to the aromatic ring of an amfetamine, but the instrument does not define the class and the oxygen sits in a fused ring rather than a free alkoxy group, so that placement is for each state and territory applying the Standard. The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» Trafficking 6-APB (s302.1: selling, preparing for supply, transporting, guarding or possessing with intent to sell) is s302.4, imprisonment for 10 years or 2,000 penalty units, or both. Trafficking a marketable quantity, 250.0 g or more under Schedule 1 item 24 of the Criminal Code Regulations, is s302.3, 25 years or 5,000 penalty units, or both. A commercial quantity, 0.75 kg or more, is s302.2, imprisonment for life or 7,500 penalty units, or both. Under s302.5 a person who prepares, transports, guards or possesses a trafficable quantity, 0.75 g or more, is taken to have intended to sell unless they prove they had neither that intention nor belief, a legal burden (s13.4). Manufacturing 6-APB for a commercial purpose is s305.5, 10 years or 2,000 penalty units, or both (12 years or 2,400 penalty units if a child under 14 is exposed, s310.4); s305.4 for a marketable quantity, 25 years or 5,000 penalty units (28 years or 5,600 aggravated); s305.3 for a commercial quantity, imprisonment for life or 7,500 penalty units, or both. Under s305.6 manufacturing a trafficable quantity presumes the commercial purpose, rebuttably. Import and export are offences of their own in Division 307 against the border controlled drug listing (Schedule 2 item 20): s307.3, imprisonment for 10 years or 2,000 penalty units, or both, with a defence if the person proves no intention or belief that any would be sold; s307.4, which needs no commercial intent, 2 years or 400 penalty units, or both; s307.2 for a marketable quantity (0.5 g or more), 25 years or 5,000 penalty units, or both; s307.1 for a commercial quantity (0.75 kg or more), imprisonment for life or 7,500 penalty units, or both. Possessing an unlawfully imported quantity is s307.5 to s307.7 on the same thresholds, and possessing one reasonably suspected of unlawful import is s307.8 to s307.10. The Customs Act s233(5) leaves border controlled drugs to these offences rather than to the Customs Act smuggling offence. Possessing 6-APB as a controlled drug is s308.1, imprisonment for 2 years or 400 penalty units, or both, and s308.1(3) lets the court deal with the offender as if the offence were the state or territory possession offence, so diversion available there is available here. Supplying any quantity to a child is s309.2, 15 years or 3,000 penalty units, or both. Part 9.1, other than the import and export offences in Division 307, does not apply to conduct justified or excused by or under a state or territory law (s313.1), which is how lawful prescribing and dispensing sit outside it. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together. Quantities are proved under s312.1 as in force on 2 October 2026, by the pure drug in a mixture. A substituted s312.1, enacted by the Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2026 (assented to 26 August 2026), Schedule 2 Part 2, will «treat the mixture as consisting wholly of the prohibited substance»; it commences on a day fixed by Proclamation or at the latest on 26 August 2027, and no Proclamation was found when this was read.
- If prescribed / medical
- No prescription route: 6-APB is not a medicine in any instrument read, and whatever its Poisons Standard placement, no lawful medical supply is shown.
- Documentation
- No traveller exemption is shown for 6-APB. The Australian Border Force traveller guidance (abf.gov.au, read 2 October 2026) covers «Prescription medicines such as morphine, oxycodone, methadone, methylphenidate, Adderall®, and benzodiazepines» and nothing read for this cell treats a foreign prescription for 6-APB as lawful authority for an import that Division 307 otherwise punishes. An import needs an Office of Drug Control licence and permission under regulation 5(1) of the Customs (Prohibited Imports) Regulations 1956, and regulation 5(10) lets permission be granted only where, in the cases that apply to a private person, the drug «is required by the applicant for medical or scientific purposes». The personal importation rule in Therapeutic Goods Regulations 1990 Schedule 5 item 1, which covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family», does not help where the substance is a prohibited import, because it applies only where «the goods do not contain a substance the importation of which is prohibited under the Customs Act 1901».
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
7-Hydroxymitragynine (7-OH)
- Legal status
- Prohibited under the Poisons Standard; its border route depends on how it was made. 7-Hydroxymitragynine is not named in F2026L01327, the Criminal Code Regulations 2019 or the Customs (Prohibited Imports) Regulations 1956, each as in force on 2 October 2026. It is a minor alkaloid of the kratom leaf and the oxidation product of mitragynine. s7(c) extends a substance to «every salt, active principle or derivative of the substance», and as an active principle of the plant 7-hydroxymitragynine is within the Schedule 9 entry «MITRAGYNA SPECIOSA.»; this cell does not rest that placement on derivative, because on the method used for every row (a derivative is one from which the named substance may be regenerated, the regulation 5(20) test) whether mitragynine can be regenerated from it is the open question below. At the border, regulation 5(20) makes a «derivative» of a Schedule 4 drug «any substance chemically derived from the chemical or compound and from which the chemical or compound may be regenerated»; 7-hydroxymitragynine is chemically derived from mitragynine (item 153A), but whether mitragynine «may be regenerated» from it is a chemistry question the regulation leaves open. If it is a derivative, it is a prohibited import; if not, Part 9.2 of the Criminal Code is the import offence. It is not listed in Schedule 1 or Schedule 2 of the Criminal Code Regulations 2019 (Compilation No. 6). Nearest listed drug: harmine (Schedule 2 item 97), a beta-carboline listed only as a border controlled drug; mitragynine itself is not listed. Limb (a) of s301.9(1) does not reach it because its molecular formula differs from harmine's, so it is no isomer, and it is not an alkaloid of harmine; limb (c) does not, because its core, like mitragynine's, adds a further ring to harmine's beta-carboline, and the 7-hydroxy group also turns the indole into an indolenine; and on the method stated next limb (d) does not, because adding a whole ring puts it outside s301.9 on that method. The method used for every row is a reading, not a rule the Act states: a modification that limb (a) or limb (c) plainly describes is treated as making a drug analogue; one contestable modification (a swap within one paragraph of s301.9(2), or a core ring replaced), a single limb (d) change from the listed drug, or an express exclusion or different listing in the Regulations is treated as making the exposure conditional; anything more, including adding or removing a ring, is treated as outside s301.9. Because s301.9(1)(c) allows a modification «obtained in one or more of the following ways», the tier this gives can depend on how a change is described, and nothing read settles which description governs. No court decision applying s301.9 to 7-hydroxymitragynine was read, so this is a reading of the text. The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» No Commonwealth offence reaches possession, sale or supply inside Australia; those are state and territory poisons offences. At the border one of two offences applies. If it is a derivative of mitragynine under regulation 5(20), then it is a prohibited import under regulation 5 of the Customs (Prohibited Imports) Regulations 1956, which names mitragynine at Schedule 4 item 153A. Importing it without a licence and permission, or outside the traveller exemption, contravenes Customs Act 1901 s233(1)(b), and having unlawfully imported goods in possession contravenes s233(1)(d); both are strict liability (s233(1AB)) and are punishable under s233AB(2) by a fine only, not exceeding 3 times the value of the goods or 1,000 penalty units ($364,000), whichever is greater. Customs Act s233(5) takes narcotic goods, meaning border controlled drugs and plants, out of s233, which is why Division 307 and not s233 governs a border controlled drug. If it is not: Part 9.2 of the Criminal Code is the residual import offence: s320.2 punishes importing a psychoactive substance by 5 years or 300 penalty units, or both, and s320.3 importing a substance presented as a serious drug alternative by 2 years or 120 penalty units, or both; s320.2(2) excludes listed or registered therapeutic goods, goods represented for therapeutic use other than as a serious drug alternative, industrial chemicals, a plant or fungus or an extract from one, any serious drug or precursor, and any prohibited import within the meaning of the Customs Act. A semi-synthetic 7-hydroxymitragynine product is not a plant or an extract from one, and is not a listed or registered therapeutic good, so on that branch s320.2 applies to its import. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together.
- If prescribed / medical
- No prescription route: 7-Hydroxymitragynine, through the kratom entries, sits in Schedule 9 of F2026L01327. The Reader's guide, which is not part of the instrument, describes Schedule 9 as «Substances which may be abused or misused, the manufacture, possession, supply or use of which should be prohibited by law except when required for medical or scientific research, or for analytical, teaching or training purposes with approval of Commonwealth and/or State or Territory Health Authorities.» Outside an approved clinical trial or research, there is no lawful medical supply in Australia on anything read for this cell, and a foreign prescription does not change the Commonwealth position.
- Documentation
- No traveller exemption is shown for a Schedule 9 substance. The Australian Border Force traveller guidance (abf.gov.au, read 2 October 2026) covers «Prescription medicines such as morphine, oxycodone, methadone, methylphenidate, Adderall®, and benzodiazepines» and nothing read for this cell treats a foreign prescription for a Schedule 9 substance as lawful authority for an import. An import needs an Office of Drug Control licence and permission under regulation 5(1) of the Customs (Prohibited Imports) Regulations 1956, and regulation 5(10) lets permission be granted only where, in the cases that apply to a private person, the drug «is required by the applicant for medical or scientific purposes». The personal importation rule in Therapeutic Goods Regulations 1990 Schedule 5 item 1, which covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family», does not help where the substance is a prohibited import, because it applies only where «the goods do not contain a substance the importation of which is prohibited under the Customs Act 1901».
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
Adderall
- Legal status
- Controlled medicine, regulated through its two active ingredients. Adderall is a brand of mixed amphetamine salts, racemic amphetamine and dexamphetamine, and has no separate entry in any Commonwealth instrument read. F2026L01327 names both in Schedule 8, «AMFETAMINE.» and «DEXAMFETAMINE.». Criminal Code Regulations 2019: amphetamine is Schedule 1 item 20 (commercial 0.75 kg, marketable 250.0 g, trafficable 2.0 g) and Schedule 2 item 16 (0.75 kg, 2.0 g); dexamphetamine is Schedule 1 item 72 (2.0 kg, 250.0 g, 2.0 g) and Schedule 2 item 48 (2.0 kg, 2.0 g). Where a parcel holds both, s312.2 adds the requisite fractions of each drug's quantity. Customs (Prohibited Imports) Regulations 1956 Schedule 4 items 16 («16 Amphetamine, but not including levamfetamine») and 52 («52 Dexamphetamine»). The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» The amphetamine thresholds, the lower of the two, are used below. Trafficking mixed amphetamine salts (s302.1: selling, preparing for supply, transporting, guarding or possessing with intent to sell) is s302.4, imprisonment for 10 years or 2,000 penalty units, or both. Trafficking a marketable quantity, 250.0 g or more under Schedule 1 item 20 of the Criminal Code Regulations, is s302.3, 25 years or 5,000 penalty units, or both. A commercial quantity, 0.75 kg or more, is s302.2, imprisonment for life or 7,500 penalty units, or both. Under s302.5 a person who prepares, transports, guards or possesses a trafficable quantity, 2.0 g or more, is taken to have intended to sell unless they prove they had neither that intention nor belief, a legal burden (s13.4). Manufacturing mixed amphetamine salts for a commercial purpose is s305.5, 10 years or 2,000 penalty units, or both (12 years or 2,400 penalty units if a child under 14 is exposed, s310.4); s305.4 for a marketable quantity, 25 years or 5,000 penalty units (28 years or 5,600 aggravated); s305.3 for a commercial quantity, imprisonment for life or 7,500 penalty units, or both. Under s305.6 manufacturing a trafficable quantity presumes the commercial purpose, rebuttably. Import and export are offences of their own in Division 307 against the border controlled drug listing (Schedule 2 item 16): s307.3, imprisonment for 10 years or 2,000 penalty units, or both, with a defence if the person proves no intention or belief that any would be sold; s307.4, which needs no commercial intent, 2 years or 400 penalty units, or both; s307.2 for a marketable quantity (2.0 g or more), 25 years or 5,000 penalty units, or both; s307.1 for a commercial quantity (0.75 kg or more), imprisonment for life or 7,500 penalty units, or both. Possessing an unlawfully imported quantity is s307.5 to s307.7 on the same thresholds, and possessing one reasonably suspected of unlawful import is s307.8 to s307.10. The Customs Act s233(5) leaves border controlled drugs to these offences rather than to the Customs Act smuggling offence. Possessing mixed amphetamine salts as a controlled drug is s308.1, imprisonment for 2 years or 400 penalty units, or both, and s308.1(3) lets the court deal with the offender as if the offence were the state or territory possession offence, so diversion available there is available here. Supplying any quantity to a child is s309.2, 15 years or 3,000 penalty units, or both. Part 9.1, other than the import and export offences in Division 307, does not apply to conduct justified or excused by or under a state or territory law (s313.1), which is how lawful prescribing and dispensing sit outside it. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together. Quantities are proved under s312.1 as in force on 2 October 2026, by the pure drug in a mixture. A substituted s312.1, enacted by the Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2026 (assented to 26 August 2026), Schedule 2 Part 2, will «treat the mixture as consisting wholly of the prohibited substance»; it commences on a day fixed by Proclamation or at the latest on 26 August 2027, and no Proclamation was found when this was read.
- If prescribed / medical
- Each ingredient has a prescription route as a Schedule 8 controlled drug. The Reader's guide, which is not part of the instrument, describes Schedule 8 as «Substances which should be available for use but require restriction of manufacture, supply, distribution, possession and use to reduce abuse, misuse and physical or psychological dependence.» Prescribing, dispensing and the permits a prescriber may need are state and territory law. Possession under a lawful prescription is conduct justified or excused by state or territory law, so Part 9.1 outside Division 307 does not apply to it (s313.1), and Criminal Code s10.5 provides «A person is not criminally responsible for an offence if the conduct constituting the offence is justified or excused by or under a law.» Adderall itself is not shown as an approved product in anything read for this cell.
- Documentation
- Traveller rule, Commonwealth: regulation 5(2)(b) of the Customs (Prohibited Imports) Regulations 1956 lifts the import prohibition for a drug carried by a passenger on a ship or aircraft that «is required for the medical treatment of the person or of another passenger under the care of the person», «was prescribed by a medical practitioner for the purposes of that treatment» and «was supplied to the person in accordance with the prescription of the medical practitioner referred to in subparagraph (ii)». Therapeutic Goods Regulations 1990 Schedule 5 item 1 (Compilation No. 130, compilation date 8 September 2026) covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family» and limits the personal import to «not more than 3 months’ supply at the maximum dose recommended by the manufacturer» in one importation and, for goods in Schedule 4 or Schedule 8 of the current Poisons Standard, requires a written authority from a medical practitioner, or an overseas medical practitioner where the goods are carried by a passenger. The Australian Border Force traveller guidance (abf.gov.au, read 2 October 2026) asks the traveller to «carry a letter or copy of your prescription (written in English) from your doctor to certify that the medicine has been prescribed to you to treat a medical condition», to keep the medicine in its original packaging and to declare it on arrival. Anything outside that exemption needs an import licence and permission from the Office of Drug Control under regulation 5(1). Where the medicine is also a border controlled drug, Division 307 of the Criminal Code has no traveller exception of its own; the traveller relies on Criminal Code s10.5, «A person is not criminally responsible for an offence if the conduct constituting the offence is justified or excused by or under a law.», on the footing that an import within regulation 5(2)(b) is so excused. That footing is this cell's reading of the provisions; no decision applying it was read. The ABF guidance names Adderall® among «Prescription medicines» covered by the traveller exemption and adds: «If your medication is not currently registered for use in Australia (e.g. Adderall®,), then contact the Drug Control Section» for further instructions. The Therapeutic Goods Administration and Office of Drug Control traveller pages (tga.gov.au, odc.gov.au) did not respond from this network on 2 October 2026 (curl timeout after 60 seconds, twice, and a second fetcher timed out), so nothing in this cell rests on them.
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
Alcohol
- Legal status
- Legal; not a scheduled poison and not a Commonwealth drug. F2026L01327 lists ethyl alcohol in Appendix B, «Substances considered not to require control by scheduling», at «91 ETHYL ALCOHOL 7.1 a Nov 1974». It is not listed in the Criminal Code Regulations 2019 or the Customs (Prohibited Imports) Regulations 1956, each as in force on 2 October 2026. Licensing, the legal purchase age, service and drink driving rules are state and territory law and are not stated here. It is not listed in Schedule 1 or Schedule 2 of the Criminal Code Regulations 2019 (Compilation No. 6). Nearest listed drug: 4-hydroxybutanoic acid, GHB (Schedule 1 item 132), with 1,4-butanediol (Schedule 2 item 1), the small aliphatic depressants the Regulations list. Limb (a) of s301.9(1) does not reach it because ethanol's formula differs from each of theirs, so it is no isomer, and it is not an alkaloid; limb (c) does not, because the s301.9(1)(c) modifications swap specified groups and add hydrogen on the listed drug's own skeleton, and none removes carbon atoms, which reaching a two-carbon alcohol from either would need; and on the method stated next limb (d) does not, because it differs from each in both chain length and functional groups, which is more than one change. The method used for every row is a reading, not a rule the Act states: a modification that limb (a) or limb (c) plainly describes is treated as making a drug analogue; one contestable modification (a swap within one paragraph of s301.9(2), or a core ring replaced), a single limb (d) change from the listed drug, or an express exclusion or different listing in the Regulations is treated as making the exposure conditional; anything more, including adding or removing a ring, is treated as outside s301.9. Because s301.9(1)(c) allows a modification «obtained in one or more of the following ways», the tier this gives can depend on how a change is described, and nothing read settles which description governs. No court decision applying s301.9 to ethanol was read, so this is a reading of the text. The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» No Commonwealth criminal drug offence reaches possession, sale, supply or use of alcohol. Part 9.2 does not reach beverages either, because s320.2(2)(a) excludes food for which there is a standard or a tradition of use as food. Commonwealth law touches alcohol through excise and customs duty, not read for this cell beyond the traveller allowance.
- If prescribed / medical
- Not applicable: alcohol is not a medicine and needs no prescription.
- Documentation
- The Australian Border Force duty-free guidance (abf.gov.au, last updated 5 June 2026, read 2 October 2026) states: «If you are aged 18 years or over, you can bring 2.25 litres of alcoholic beverages duty free into Australia with you.» Above that allowance duty and tax are payable on the declared goods.
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Australian Border Force, duty free · abf.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
Amanita muscaria
- Legal status
- Prohibited through its constituents; not a Criminal Code drug. The fly agaric is not named in any Commonwealth instrument read, but its two psychoactive constituents are Schedule 9 in F2026L01327, «MUSCIMOL.» and «IBOTENIC ACID.», and s7(a) and (g) carry the dried mushroom in as a substance «prepared from natural sources» and «a preparation or admixture containing any proportion of the substance». The ibotenic acid entry is an in-window amendment: it is absent from the February 2023 to October 2023 issues and first appears in the February 2024 issue (F2024L00095, made 19 January 2024, registered 23 January 2024, in force from 1 February 2024). The Customs (Prohibited Imports) Regulations 1956 name «159A Muscimol» and «111A Ibotenic Acid», so the mushroom is a prohibited import as goods containing them under the regulation 5(20) definition of drug, paragraph (d). It is not listed in Schedule 1 or Schedule 2 of the Criminal Code Regulations 2019 (Compilation No. 6). Nearest listed drug: 4-hydroxybutanoic acid, GHB (Schedule 1 item 132), the listed depressant nearest to muscimol, which is a GABA analogue closed into an isoxazole ring. Limb (a) of s301.9(1) does not reach it because neither has GHB's molecular formula or that of any listed drug, and neither is an alkaloid of a listed drug; limb (c) does not, because reaching either from GHB would close the chain into an isoxazole ring, and adding a ring is none of the s301.9(1)(c) modifications; and on the method stated next limb (d) does not, because adding a whole ring puts them outside s301.9 on that method. The method used for every row is a reading, not a rule the Act states: a modification that limb (a) or limb (c) plainly describes is treated as making a drug analogue; one contestable modification (a swap within one paragraph of s301.9(2), or a core ring replaced), a single limb (d) change from the listed drug, or an express exclusion or different listing in the Regulations is treated as making the exposure conditional; anything more, including adding or removing a ring, is treated as outside s301.9. Because s301.9(1)(c) allows a modification «obtained in one or more of the following ways», the tier this gives can depend on how a change is described, and nothing read settles which description governs. No court decision applying s301.9 to muscimol or ibotenic acid was read, so this is a reading of the text. The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» No Commonwealth offence reaches possession, sale, supply, manufacture or use of the mushroom or its constituents inside Australia; those are state and territory poisons offences built on its Poisons Standard placement. At the border it is a prohibited import under regulation 5 of the Customs (Prohibited Imports) Regulations 1956, which names muscimol and ibotenic acid at Schedule 4 items 159A and 111A. Importing it without a licence and permission, or outside the traveller exemption, contravenes Customs Act 1901 s233(1)(b), and having unlawfully imported goods in possession contravenes s233(1)(d); both are strict liability (s233(1AB)) and are punishable under s233AB(2) by a fine only, not exceeding 3 times the value of the goods or 1,000 penalty units ($364,000), whichever is greater. Customs Act s233(5) takes narcotic goods, meaning border controlled drugs and plants, out of s233, which is why Division 307 and not s233 governs a border controlled drug. Part 9.2 does not apply, because s320.2(2)(k) excludes a prohibited import. Part 9.2 would also exclude a fungus, s320.2(2)(ia). There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together.
- If prescribed / medical
- No prescription route: Amanita muscaria, through muscimol and ibotenic acid, sits in Schedule 9 of F2026L01327. The Reader's guide, which is not part of the instrument, describes Schedule 9 as «Substances which may be abused or misused, the manufacture, possession, supply or use of which should be prohibited by law except when required for medical or scientific research, or for analytical, teaching or training purposes with approval of Commonwealth and/or State or Territory Health Authorities.» Outside an approved clinical trial or research, there is no lawful medical supply in Australia on anything read for this cell, and a foreign prescription does not change the Commonwealth position.
- Documentation
- No traveller exemption is shown for a Schedule 9 substance. The Australian Border Force traveller guidance (abf.gov.au, read 2 October 2026) covers «Prescription medicines such as morphine, oxycodone, methadone, methylphenidate, Adderall®, and benzodiazepines» and nothing read for this cell treats a foreign prescription for a Schedule 9 substance as lawful authority for an import. An import needs an Office of Drug Control licence and permission under regulation 5(1) of the Customs (Prohibited Imports) Regulations 1956, and regulation 5(10) lets permission be granted only where, in the cases that apply to a private person, the drug «is required by the applicant for medical or scientific purposes». The personal importation rule in Therapeutic Goods Regulations 1990 Schedule 5 item 1, which covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family», does not help where the substance is a prohibited import, because it applies only where «the goods do not contain a substance the importation of which is prohibited under the Customs Act 1901».
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
Amphetamine
- Legal status
- Controlled medicine. Amphetamine is named in Schedule 8 of F2026L01327 as «AMFETAMINE.», with «DEXAMFETAMINE.», «LEVAMFETAMINE.» and «LISDEXAMFETAMINE.» as separate entries. Criminal Code Regulations 2019: a controlled drug at Schedule 1 item 20 (commercial quantity 0.75 kg, marketable 250.0 g, trafficable 2.0 g) and a border controlled drug at Schedule 2 item 16 (commercial 0.75 kg, marketable 2.0 g). Customs (Prohibited Imports) Regulations 1956 Schedule 4 item 16 («16 Amphetamine, but not including levamfetamine»). The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» Trafficking amphetamine (s302.1: selling, preparing for supply, transporting, guarding or possessing with intent to sell) is s302.4, imprisonment for 10 years or 2,000 penalty units, or both. Trafficking a marketable quantity, 250.0 g or more under Schedule 1 item 20 of the Criminal Code Regulations, is s302.3, 25 years or 5,000 penalty units, or both. A commercial quantity, 0.75 kg or more, is s302.2, imprisonment for life or 7,500 penalty units, or both. Under s302.5 a person who prepares, transports, guards or possesses a trafficable quantity, 2.0 g or more, is taken to have intended to sell unless they prove they had neither that intention nor belief, a legal burden (s13.4). Manufacturing amphetamine for a commercial purpose is s305.5, 10 years or 2,000 penalty units, or both (12 years or 2,400 penalty units if a child under 14 is exposed, s310.4); s305.4 for a marketable quantity, 25 years or 5,000 penalty units (28 years or 5,600 aggravated); s305.3 for a commercial quantity, imprisonment for life or 7,500 penalty units, or both. Under s305.6 manufacturing a trafficable quantity presumes the commercial purpose, rebuttably. Import and export are offences of their own in Division 307 against the border controlled drug listing (Schedule 2 item 16): s307.3, imprisonment for 10 years or 2,000 penalty units, or both, with a defence if the person proves no intention or belief that any would be sold; s307.4, which needs no commercial intent, 2 years or 400 penalty units, or both; s307.2 for a marketable quantity (2.0 g or more), 25 years or 5,000 penalty units, or both; s307.1 for a commercial quantity (0.75 kg or more), imprisonment for life or 7,500 penalty units, or both. Possessing an unlawfully imported quantity is s307.5 to s307.7 on the same thresholds, and possessing one reasonably suspected of unlawful import is s307.8 to s307.10. The Customs Act s233(5) leaves border controlled drugs to these offences rather than to the Customs Act smuggling offence. Possessing amphetamine as a controlled drug is s308.1, imprisonment for 2 years or 400 penalty units, or both, and s308.1(3) lets the court deal with the offender as if the offence were the state or territory possession offence, so diversion available there is available here. Supplying any quantity to a child is s309.2, 15 years or 3,000 penalty units, or both. Part 9.1, other than the import and export offences in Division 307, does not apply to conduct justified or excused by or under a state or territory law (s313.1), which is how lawful prescribing and dispensing sit outside it. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together. Quantities are proved under s312.1 as in force on 2 October 2026, by the pure drug in a mixture. A substituted s312.1, enacted by the Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2026 (assented to 26 August 2026), Schedule 2 Part 2, will «treat the mixture as consisting wholly of the prohibited substance»; it commences on a day fixed by Proclamation or at the latest on 26 August 2027, and no Proclamation was found when this was read.
- If prescribed / medical
- Amphetamine has a prescription route as a Schedule 8 controlled drug. The Reader's guide, which is not part of the instrument, describes Schedule 8 as «Substances which should be available for use but require restriction of manufacture, supply, distribution, possession and use to reduce abuse, misuse and physical or psychological dependence.» Prescribing, dispensing and the permits a prescriber may need are state and territory law. Possession under a lawful prescription is conduct justified or excused by state or territory law, so Part 9.1 outside Division 307 does not apply to it (s313.1), and Criminal Code s10.5 provides «A person is not criminally responsible for an offence if the conduct constituting the offence is justified or excused by or under a law.»
- Documentation
- Traveller rule, Commonwealth: regulation 5(2)(b) of the Customs (Prohibited Imports) Regulations 1956 lifts the import prohibition for a drug carried by a passenger on a ship or aircraft that «is required for the medical treatment of the person or of another passenger under the care of the person», «was prescribed by a medical practitioner for the purposes of that treatment» and «was supplied to the person in accordance with the prescription of the medical practitioner referred to in subparagraph (ii)». Therapeutic Goods Regulations 1990 Schedule 5 item 1 (Compilation No. 130, compilation date 8 September 2026) covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family» and limits the personal import to «not more than 3 months’ supply at the maximum dose recommended by the manufacturer» in one importation and, for goods in Schedule 4 or Schedule 8 of the current Poisons Standard, requires a written authority from a medical practitioner, or an overseas medical practitioner where the goods are carried by a passenger. The Australian Border Force traveller guidance (abf.gov.au, read 2 October 2026) asks the traveller to «carry a letter or copy of your prescription (written in English) from your doctor to certify that the medicine has been prescribed to you to treat a medical condition», to keep the medicine in its original packaging and to declare it on arrival. Anything outside that exemption needs an import licence and permission from the Office of Drug Control under regulation 5(1). Where the medicine is also a border controlled drug, Division 307 of the Criminal Code has no traveller exception of its own; the traveller relies on Criminal Code s10.5, «A person is not criminally responsible for an offence if the conduct constituting the offence is justified or excused by or under a law.», on the footing that an import within regulation 5(2)(b) is so excused. That footing is this cell's reading of the provisions; no decision applying it was read. The Therapeutic Goods Administration and Office of Drug Control traveller pages (tga.gov.au, odc.gov.au) did not respond from this network on 2 October 2026 (curl timeout after 60 seconds, twice, and a second fetcher timed out), so nothing in this cell rests on them.
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
Amyl Nitrite
- Legal status
- Pharmacist only medicine in a child-resistant therapeutic pack, prescription only otherwise; no Commonwealth criminal drug status. F2026L01327 places amyl nitrite in Schedule 3, «AMYL NITRITE when in preparations for human therapeutic use and packaged in containers with child-resistant closures.», and in Schedule 4, «AMYL NITRITE except when included in Schedule 3.». It is not listed in Schedule 1 or Schedule 2 of the Criminal Code Regulations 2019 (Compilation No. 6). Nearest listed drug: 1,4-butanediol (Schedule 2 item 1) and GHB (Schedule 1 item 132), the listed drugs nearest to the alkyl nitrites in size and kind, small aliphatic compounds carrying oxygen groups; no listed drug is a nitrite ester. Limb (a) of s301.9(1) does not reach it because no alkyl nitrite has the molecular formula of a listed drug, and none is an alkaloid; limb (c) does not, because a nitrite ester group is not among the groups s301.9(2) specifies (it specifies nitro groups, which are a different arrangement), so turning a hydroxy group into a nitrite ester is a change of functional group that no s301.9(1)(c) modification describes; and on the method stated next limb (d) does not, because reaching any alkyl nitrite from 1,4-butanediol or GHB changes a functional group and removes or alters another, which is more than one change. The method used for every row is a reading, not a rule the Act states: a modification that limb (a) or limb (c) plainly describes is treated as making a drug analogue; one contestable modification (a swap within one paragraph of s301.9(2), or a core ring replaced), a single limb (d) change from the listed drug, or an express exclusion or different listing in the Regulations is treated as making the exposure conditional; anything more, including adding or removing a ring, is treated as outside s301.9. Because s301.9(1)(c) allows a modification «obtained in one or more of the following ways», the tier this gives can depend on how a change is described, and nothing read settles which description governs. No court decision applying s301.9 to an alkyl nitrite was read, so this is a reading of the text. Nor is it named in Schedule 4 of the Customs (Prohibited Imports) Regulations 1956 as in force on 2 October 2026. The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» No Commonwealth criminal offence reaches possession, sale, supply, manufacture or use of amyl nitrite: it is not a controlled or border controlled drug, and it is not a prohibited import under Schedule 4 of the Customs (Prohibited Imports) Regulations 1956 (Compilation No. 147), so the Customs Act 1901 s233 offence for prohibited imports does not reach its import. Supply is controlled by state and territory poisons law applying its Poisons Standard schedule. Part 9.2 of the Criminal Code is the residual import offence: s320.2 punishes importing a psychoactive substance by 5 years or 300 penalty units, or both, and s320.3 importing a substance presented as a serious drug alternative by 2 years or 120 penalty units, or both; s320.2(2) excludes listed or registered therapeutic goods, goods represented for therapeutic use other than as a serious drug alternative, industrial chemicals, a plant or fungus or an extract from one, any serious drug or precursor, and any prohibited import within the meaning of the Customs Act. Part 9.2 resolved: s320.2 does not reach an import of amyl nitrite, because s320.2(2)(i) excludes «an industrial chemical within the meaning of the Industrial Chemicals Act 2019». That Act (Compilation No. 6, compilation date 14 October 2024) makes an industrial chemical, in s10(1)(b), «a compound or complex of a chemical element that has an industrial use», and s9 defines industrial use as «a use other than (or in addition to)» agricultural, veterinary, therapeutic, vaping, food and feed uses and any use the rules prescribe. Amyl nitrite is sold and used as a solvent and odouriser as well as a medicine. The Industrial Chemicals (General) Rules 2019 (Compilation No. 7) prescribe no use for that definition and exclude only «radioactive chemicals» under s10(2), so amyl nitrite is an industrial chemical and s320.2 does not apply whatever product it is sold in. s320.3 has no industrial chemical exclusion and no prohibited import exclusion, so importing amyl nitrite in a presentation that includes «an express or implied representation that the substance is a serious drug alternative» is an offence against s320.3, imprisonment for 2 years or 120 penalty units, or both, unless it is a listed or registered therapeutic good (s320.3(3)(b)) or food for which there is a standard (s320.3(3)(a)). A registered therapeutic product is also excluded by s320.2(2)(c). There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together.
- If prescribed / medical
- Schedule 3 lets a pharmacist supply the child-resistant therapeutic pack without prescription; any other amyl nitrite preparation is Schedule 4. The Reader's guide, which is not part of the instrument, describes Schedule 4 as «Substances, the use or supply of which should be by or on the order of persons permitted by State or Territory legislation to prescribe and should be available from a pharmacist on prescription.»
- Documentation
- Personal import of a therapeutic amyl nitrite product follows the rule in Therapeutic Goods Regulations 1990 Schedule 5 item 1 (Compilation No. 130), which covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family», limited to «not more than 3 months’ supply at the maximum dose recommended by the manufacturer» in one importation. The Therapeutic Goods Administration and Office of Drug Control traveller pages (tga.gov.au, odc.gov.au) did not respond from this network on 2 October 2026 (curl timeout after 60 seconds, twice, and a second fetcher timed out), so nothing in this cell rests on them.
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Industrial Chemicals Act 2019, Compilation No. 6 (s9, s10) · legislation.gov.au · Industrial Chemicals (General) Rules 2019, Compilation No. 7 (s13) · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
Ayahuasca
- Legal status
- Prohibited through its constituents. Ayahuasca is a brew, usually of Banisteriopsis caapi vine with a DMT-bearing leaf such as Psychotria viridis, and neither plant is named in any Commonwealth instrument read. Its active constituents are: DMT, Schedule 9 in F2026L01327 («N,N-DIMETHYLTRYPTAMINE *(DMT).»), a controlled drug at Schedule 1 item 98 (commercial 2.0 kg, marketable 250.0 g, trafficable 2.0 g) and border controlled drug at Schedule 2 item 76 (2.0 kg, 2.0 g); and the harmala alkaloids, Schedule 9 as «HARMALA ALKALOIDS except in herbs, or preparations, for therapeutic use: (a) containing 0.1% or less of harmala alkaloids; or (b) in divided preparations containing 2 mg or less of harmala alkaloids per recommended daily dose.», border controlled drugs by name at Schedule 2 item 96 (harmaline) and item 97 (harmine), each at 5.0 kg and 2.0 g, but not listed in Schedule 1. The brew is reached as «a preparation or admixture containing any proportion of the substance» (s7(g)). Customs (Prohibited Imports) Regulations 1956 Schedule 4 item 70 (DMT) and items 102 and 103 (harmaline and harmine, each «except when occurring naturally as a component of the herb tribulus terrestris»). The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» The DMT content carries the Part 9.1 exposure; the harmala alkaloids add a border offence of their own. Trafficking DMT in the brew (s302.1: selling, preparing for supply, transporting, guarding or possessing with intent to sell) is s302.4, imprisonment for 10 years or 2,000 penalty units, or both. Trafficking a marketable quantity, 250.0 g or more under Schedule 1 item 98 of the Criminal Code Regulations, is s302.3, 25 years or 5,000 penalty units, or both. A commercial quantity, 2.0 kg or more, is s302.2, imprisonment for life or 7,500 penalty units, or both. Under s302.5 a person who prepares, transports, guards or possesses a trafficable quantity, 2.0 g or more, is taken to have intended to sell unless they prove they had neither that intention nor belief, a legal burden (s13.4). Manufacturing DMT in the brew for a commercial purpose is s305.5, 10 years or 2,000 penalty units, or both (12 years or 2,400 penalty units if a child under 14 is exposed, s310.4); s305.4 for a marketable quantity, 25 years or 5,000 penalty units (28 years or 5,600 aggravated); s305.3 for a commercial quantity, imprisonment for life or 7,500 penalty units, or both. Under s305.6 manufacturing a trafficable quantity presumes the commercial purpose, rebuttably. Import and export are offences of their own in Division 307 against the border controlled drug listing (Schedule 2 item 76): s307.3, imprisonment for 10 years or 2,000 penalty units, or both, with a defence if the person proves no intention or belief that any would be sold; s307.4, which needs no commercial intent, 2 years or 400 penalty units, or both; s307.2 for a marketable quantity (2.0 g or more), 25 years or 5,000 penalty units, or both; s307.1 for a commercial quantity (2.0 kg or more), imprisonment for life or 7,500 penalty units, or both. Possessing an unlawfully imported quantity is s307.5 to s307.7 on the same thresholds, and possessing one reasonably suspected of unlawful import is s307.8 to s307.10. The Customs Act s233(5) leaves border controlled drugs to these offences rather than to the Customs Act smuggling offence. Possessing DMT in the brew as a controlled drug is s308.1, imprisonment for 2 years or 400 penalty units, or both, and s308.1(3) lets the court deal with the offender as if the offence were the state or territory possession offence, so diversion available there is available here. Supplying any quantity to a child is s309.2, 15 years or 3,000 penalty units, or both. Part 9.1, other than the import and export offences in Division 307, does not apply to conduct justified or excused by or under a state or territory law (s313.1), which is how lawful prescribing and dispensing sit outside it. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together. Quantities are proved under s312.1 as in force on 2 October 2026, by the pure drug in a mixture. A substituted s312.1, enacted by the Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2026 (assented to 26 August 2026), Schedule 2 Part 2, will «treat the mixture as consisting wholly of the prohibited substance»; it commences on a day fixed by Proclamation or at the latest on 26 August 2027, and no Proclamation was found when this was read. Importing harmine or harmaline, or a brew or vine containing them, is separately a Division 307 offence against items 96 and 97 (marketable quantity 2.0 g, commercial 5.0 kg).
- If prescribed / medical
- No prescription route: Ayahuasca sits in Schedule 9 of F2026L01327. The Reader's guide, which is not part of the instrument, describes Schedule 9 as «Substances which may be abused or misused, the manufacture, possession, supply or use of which should be prohibited by law except when required for medical or scientific research, or for analytical, teaching or training purposes with approval of Commonwealth and/or State or Territory Health Authorities.» Outside an approved clinical trial or research, there is no lawful medical supply in Australia on anything read for this cell, and a foreign prescription does not change the Commonwealth position.
- Documentation
- No traveller exemption is shown for ayahuasca. The Australian Border Force traveller guidance (abf.gov.au, read 2 October 2026) covers «Prescription medicines such as morphine, oxycodone, methadone, methylphenidate, Adderall®, and benzodiazepines» and nothing read for this cell treats a foreign prescription for ayahuasca as lawful authority for an import that Division 307 otherwise punishes. An import needs an Office of Drug Control licence and permission under regulation 5(1) of the Customs (Prohibited Imports) Regulations 1956, and regulation 5(10) lets permission be granted only where, in the cases that apply to a private person, the drug «is required by the applicant for medical or scientific purposes». The personal importation rule in Therapeutic Goods Regulations 1990 Schedule 5 item 1, which covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family», does not help where the substance is a prohibited import, because it applies only where «the goods do not contain a substance the importation of which is prohibited under the Customs Act 1901».
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
Barbiturates
- Legal status
- Controlled as a class; the range runs from Schedule 4 to Schedule 8 in the Poisons Standard while every member is a Commonwealth controlled drug. The Criminal Code Regulations 2019 list «Barbiturates» as a class at Schedule 1 item 22 (commercial 5.0 kg, trafficable 5.0 g, no marketable quantity listed) and Schedule 2 item 18 (commercial 5.0 kg, marketable 50.0 g), so every barbiturate is a controlled drug and border controlled drug at the same thresholds. F2026L01327 separates the members: Schedule 8 names «AMOBARBITAL except when included in Schedule 4.», «BUTOBARBITAL.», «CYCLOBARBITAL.», «# PENTOBARBITAL except when included in Schedule 4.», «SECBUTOBARBITAL.» and «SECOBARBITAL.»; Schedule 4 names «PHENOBARBITAL.», «METHYLPHENOBARBITAL.», «AMOBARBITAL when packed and labelled for injection.» and «# PENTOBARBITAL when packed and labelled for injection.», and catches the rest with «BARBITURATES except when separately specified in these Schedules.». The Customs (Prohibited Imports) Regulations 1956 define the class at Schedule 4 item 18, «18 Barbiturates belonging to the class of 5,5-disubstituted barbituric and thiobarbituric acids, including compounds structurally derived from those acids». The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» Because the Criminal Code listing is the class, a Schedule 4 barbiturate such as phenobarbital carries the same Part 9.1 ladder as a Schedule 8 one. Trafficking a barbiturate (s302.1: selling, preparing for supply, transporting, guarding or possessing with intent to sell) is s302.4, imprisonment for 10 years or 2,000 penalty units, or both. Schedule 1 item 22 lists no marketable quantity, so s302.3 has no threshold to engage for it. A commercial quantity, 5.0 kg or more, is s302.2, imprisonment for life or 7,500 penalty units, or both. Under s302.5 a person who prepares, transports, guards or possesses a trafficable quantity, 5.0 g or more, is taken to have intended to sell unless they prove they had neither that intention nor belief, a legal burden (s13.4). Manufacturing a barbiturate for a commercial purpose is s305.5, 10 years or 2,000 penalty units, or both (12 years or 2,400 penalty units if a child under 14 is exposed, s310.4); s305.3 for a commercial quantity, imprisonment for life or 7,500 penalty units, or both. Under s305.6 manufacturing a trafficable quantity presumes the commercial purpose, rebuttably. Import and export are offences of their own in Division 307 against the border controlled drug listing (Schedule 2 item 18): s307.3, imprisonment for 10 years or 2,000 penalty units, or both, with a defence if the person proves no intention or belief that any would be sold; s307.4, which needs no commercial intent, 2 years or 400 penalty units, or both; s307.2 for a marketable quantity (50.0 g or more), 25 years or 5,000 penalty units, or both; s307.1 for a commercial quantity (5.0 kg or more), imprisonment for life or 7,500 penalty units, or both. Possessing an unlawfully imported quantity is s307.5 to s307.7 on the same thresholds, and possessing one reasonably suspected of unlawful import is s307.8 to s307.10. The Customs Act s233(5) leaves border controlled drugs to these offences rather than to the Customs Act smuggling offence. Possessing a barbiturate as a controlled drug is s308.1, imprisonment for 2 years or 400 penalty units, or both, and s308.1(3) lets the court deal with the offender as if the offence were the state or territory possession offence, so diversion available there is available here. Supplying any quantity to a child is s309.2, 15 years or 3,000 penalty units, or both. Part 9.1, other than the import and export offences in Division 307, does not apply to conduct justified or excused by or under a state or territory law (s313.1), which is how lawful prescribing and dispensing sit outside it. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together. Quantities are proved under s312.1 as in force on 2 October 2026, by the pure drug in a mixture. A substituted s312.1, enacted by the Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2026 (assented to 26 August 2026), Schedule 2 Part 2, will «treat the mixture as consisting wholly of the prohibited substance»; it commences on a day fixed by Proclamation or at the latest on 26 August 2027, and no Proclamation was found when this was read. Lawful prescribed possession of phenobarbital or any other member is excused under s313.1.
- If prescribed / medical
- The prescription route depends on the member: phenobarbital and methylphenobarbital are Schedule 4 prescription only medicines; amobarbital, butobarbital, cyclobarbital, pentobarbital (other than injections), secbutobarbital and secobarbital are Schedule 8 controlled drugs. The Reader's guide, which is not part of the instrument, describes Schedule 4 as «Substances, the use or supply of which should be by or on the order of persons permitted by State or Territory legislation to prescribe and should be available from a pharmacist on prescription.» The Reader's guide, which is not part of the instrument, describes Schedule 8 as «Substances which should be available for use but require restriction of manufacture, supply, distribution, possession and use to reduce abuse, misuse and physical or psychological dependence.» Appendix D clause 8 adds that «PENTOBARBITAL in injectable preparations» must be stored in a locked container. Possession under a lawful prescription is outside Part 9.1 by s313.1.
- Documentation
- Traveller rule, Commonwealth: regulation 5(2)(b) of the Customs (Prohibited Imports) Regulations 1956 lifts the import prohibition for a drug carried by a passenger on a ship or aircraft that «is required for the medical treatment of the person or of another passenger under the care of the person», «was prescribed by a medical practitioner for the purposes of that treatment» and «was supplied to the person in accordance with the prescription of the medical practitioner referred to in subparagraph (ii)». Therapeutic Goods Regulations 1990 Schedule 5 item 1 (Compilation No. 130, compilation date 8 September 2026) covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family» and limits the personal import to «not more than 3 months’ supply at the maximum dose recommended by the manufacturer» in one importation and, for goods in Schedule 4 or Schedule 8 of the current Poisons Standard, requires a written authority from a medical practitioner, or an overseas medical practitioner where the goods are carried by a passenger. The Australian Border Force traveller guidance (abf.gov.au, read 2 October 2026) asks the traveller to «carry a letter or copy of your prescription (written in English) from your doctor to certify that the medicine has been prescribed to you to treat a medical condition», to keep the medicine in its original packaging and to declare it on arrival. Anything outside that exemption needs an import licence and permission from the Office of Drug Control under regulation 5(1). Where the medicine is also a border controlled drug, Division 307 of the Criminal Code has no traveller exception of its own; the traveller relies on Criminal Code s10.5, «A person is not criminally responsible for an offence if the conduct constituting the offence is justified or excused by or under a law.», on the footing that an import within regulation 5(2)(b) is so excused. That footing is this cell's reading of the provisions; no decision applying it was read. The Therapeutic Goods Administration and Office of Drug Control traveller pages (tga.gov.au, odc.gov.au) did not respond from this network on 2 October 2026 (curl timeout after 60 seconds, twice, and a second fetcher timed out), so nothing in this cell rests on them.
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
Benzodiazepines
- Legal status
- Controlled as a class, with a range and not one answer. The class has no single Commonwealth placement, so each of the six members carried in this data set was resolved on its own. Poisons Standard: alprazolam is Schedule 8 by name («# ALPRAZOLAM.»); diazepam, clonazepam and lorazepam are Schedule 4 by name; nimetazepam is not named and falls in the Schedule 4 class entry «# BENZODIAZEPINE derivatives except when separately specified in these Schedules.»; etizolam is not named, and that class entry reaches it only if a thienodiazepine counts as a benzodiazepine derivative, which the text does not settle. Criminal Code Regulations 2019: the only benzodiazepine listed by name is bromazolam (Schedule 1 item 36A, Schedule 2 item 31A, since 1 March 2025); alprazolam and etizolam are drug analogues of bromazolam under s301.9 only conditionally, alprazolam because bromine and chlorine are both «halogen» in s301.9(2)(c) and etizolam because its thiophene replaces a ring of the fused core, while diazepam, clonazepam, lorazepam and nimetazepam lack bromazolam's fused triazole ring and are outside s301.9, because removing a whole ring is none of the s301.9(1)(c) modifications. Customs (Prohibited Imports) Regulations 1956 Schedule 4 names all six: alprazolam item 13, clonazepam item 42, diazepam item 56, etizolam item 87C, lorazepam item 122 and nimetazepam item 164. The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» The exposure therefore runs from a fine only to Part 9.1 of the Criminal Code. Diazepam, clonazepam, lorazepam and nimetazepam: no Commonwealth offence reaches possession, sale or supply; those are state and territory poisons offences built on the Schedule 4 placement. At the border it is a prohibited import under regulation 5 of the Customs (Prohibited Imports) Regulations 1956, which names clonazepam, diazepam, lorazepam and nimetazepam at Schedule 4 items 42, 56, 122 and 164. Importing it without a licence and permission, or outside the traveller exemption, contravenes Customs Act 1901 s233(1)(b), and having unlawfully imported goods in possession contravenes s233(1)(d); both are strict liability (s233(1AB)) and are punishable under s233AB(2) by a fine only, not exceeding 3 times the value of the goods or 1,000 penalty units ($364,000), whichever is greater. Customs Act s233(5) takes narcotic goods, meaning border controlled drugs and plants, out of s233, which is why Division 307 and not s233 governs a border controlled drug. Alprazolam and etizolam: their Part 9.1 exposure is conditional on the drug analogue reading stated in the opening; if it holds they carry the Part 9.1 ladder at bromazolam's quantities, and if it does not, their import is a Customs Act s233 matter under Prohibited Imports Regulations items 13 and 87C and nothing in Part 9.1 reaches them. On the analogue reading: Trafficking alprazolam or etizolam (s302.1: selling, preparing for supply, transporting, guarding or possessing with intent to sell) is s302.4, imprisonment for 10 years or 2,000 penalty units, or both. Trafficking a marketable quantity, 1,250.0 g or more under Schedule 1 item 36A of the Criminal Code Regulations, is s302.3, 25 years or 5,000 penalty units, or both. A commercial quantity, 5.0 kg or more, is s302.2, imprisonment for life or 7,500 penalty units, or both. Under s302.5 a person who prepares, transports, guards or possesses a trafficable quantity, 30.0 g or more, is taken to have intended to sell unless they prove they had neither that intention nor belief, a legal burden (s13.4). Manufacturing either for a commercial purpose is s305.5, 10 years or 2,000 penalty units, or both (12 years or 2,400 penalty units if a child under 14 is exposed, s310.4); s305.4 for a marketable quantity, 25 years or 5,000 penalty units (28 years or 5,600 aggravated); s305.3 for a commercial quantity, imprisonment for life or 7,500 penalty units, or both. Under s305.6 manufacturing a trafficable quantity presumes the commercial purpose, rebuttably. Import and export are offences of their own in Division 307 against the border controlled drug listing (Schedule 2 item 31A), by the drug analogue route in s301.4(1)(b), if it holds: s307.3, imprisonment for 10 years or 2,000 penalty units, or both, with a defence if the person proves no intention or belief that any would be sold; s307.4, which needs no commercial intent, 2 years or 400 penalty units, or both; s307.2 for a marketable quantity (30.0 g or more), 25 years or 5,000 penalty units, or both; s307.1 for a commercial quantity (5.0 kg or more), imprisonment for life or 7,500 penalty units, or both. Possessing an unlawfully imported quantity is s307.5 to s307.7 on the same thresholds, and possessing one reasonably suspected of unlawful import is s307.8 to s307.10. The Customs Act s233(5) leaves border controlled drugs to these offences rather than to the Customs Act smuggling offence. Possessing either as a controlled drug is s308.1, imprisonment for 2 years or 400 penalty units, or both, and s308.1(3) lets the court deal with the offender as if the offence were the state or territory possession offence, so diversion available there is available here. Supplying any quantity to a child is s309.2, 15 years or 3,000 penalty units, or both. Part 9.1, other than the import and export offences in Division 307, does not apply to conduct justified or excused by or under a state or territory law (s313.1), which is how lawful prescribing and dispensing sit outside it. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together. Quantities are proved under s312.1 as in force on 2 October 2026, by the pure drug in a mixture. A substituted s312.1, enacted by the Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2026 (assented to 26 August 2026), Schedule 2 Part 2, will «treat the mixture as consisting wholly of the prohibited substance»; it commences on a day fixed by Proclamation or at the latest on 26 August 2027, and no Proclamation was found when this was read.
- If prescribed / medical
- Prescription route: Schedule 4 members (diazepam, clonazepam, lorazepam, nimetazepam under the class entry) are prescription only medicines and alprazolam is a Schedule 8 controlled drug, each supplied on prescription under state and territory law. Appendix D clause 5 of F2026L01327 lists «BENZODIAZEPINE DERIVATIVES, including those separately specified in Schedule 4 and Schedule 8» among the poisons that «must not be possessed by a person without authority (for example, possession other than in accordance with a legal prescription)», so possession without a prescription is meant to be an offence once each state and territory adopts it. A person holding a member under a lawful prescription is outside Part 9.1 by s313.1 (and Criminal Code s10.5, lawful authority). Nimetazepam and etizolam are not entered as approved medicines in anything read for this cell, so a prescription route for them is not shown.
- Documentation
- Traveller rule, Commonwealth: regulation 5(2)(b) of the Customs (Prohibited Imports) Regulations 1956 lifts the import prohibition for a drug carried by a passenger on a ship or aircraft that «is required for the medical treatment of the person or of another passenger under the care of the person», «was prescribed by a medical practitioner for the purposes of that treatment» and «was supplied to the person in accordance with the prescription of the medical practitioner referred to in subparagraph (ii)». Therapeutic Goods Regulations 1990 Schedule 5 item 1 (Compilation No. 130, compilation date 8 September 2026) covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family» and limits the personal import to «not more than 3 months’ supply at the maximum dose recommended by the manufacturer» in one importation and, for goods in Schedule 4 or Schedule 8 of the current Poisons Standard, requires a written authority from a medical practitioner, or an overseas medical practitioner where the goods are carried by a passenger. The Australian Border Force traveller guidance (abf.gov.au, read 2 October 2026) asks the traveller to «carry a letter or copy of your prescription (written in English) from your doctor to certify that the medicine has been prescribed to you to treat a medical condition», to keep the medicine in its original packaging and to declare it on arrival. Anything outside that exemption needs an import licence and permission from the Office of Drug Control under regulation 5(1). Where the medicine is also a border controlled drug, Division 307 of the Criminal Code has no traveller exception of its own; the traveller relies on Criminal Code s10.5, «A person is not criminally responsible for an offence if the conduct constituting the offence is justified or excused by or under a law.», on the footing that an import within regulation 5(2)(b) is so excused. That footing is this cell's reading of the provisions; no decision applying it was read. The ABF guidance names sedatives expressly: «Sedatives include prescription medicines from the benzodiazepines group (eg diazepam, lorazepam).» Because all six members are in Schedule 4 of the Prohibited Imports Regulations, a benzodiazepine posted from overseas needs an Office of Drug Control licence and permission. The Therapeutic Goods Administration and Office of Drug Control traveller pages (tga.gov.au, odc.gov.au) did not respond from this network on 2 October 2026 (curl timeout after 60 seconds, twice, and a second fetcher timed out), so nothing in this cell rests on them.
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
Buprenorphine
- Legal status
- Controlled medicine and prohibited import; not listed as a Criminal Code drug. F2026L01327 names buprenorphine in Schedule 8, «BUPRENORPHINE.». The Customs (Prohibited Imports) Regulations 1956 name it, «32 Buprenorphine». It is not listed in Schedule 1 or Schedule 2 of the Criminal Code Regulations 2019 (Compilation No. 6). Nearest listed drug: etorphine (Schedule 1 item 111, Schedule 2 item 87), the bridged oripavine that, like buprenorphine, is made from thebaine (Schedule 1 item 240). Limb (a) of s301.9(1) does not reach it because its molecular formula differs from etorphine's, so it is no isomer, and it is a semi-synthetic, not an alkaloid; limb (c) does not, because saturating etorphine's two-carbon bridge is the hydrogen addition in (c)(ii), but the propyl group on the side chain carbinol becomes a tert-butyl group, a swap within the alkyl paragraph s301.9(2)(b), and the N-methyl group becomes a cyclopropylmethyl group, which brings in a carbocyclic ring that s301.9(2) does not specify; and on the method stated next limb (d) does not, because it needs at least two contestable modifications; the same method treats alprazolam, one contestable swap from bromazolam, as conditional, so the medicine status of either plays no part in the result. The method used for every row is a reading, not a rule the Act states: a modification that limb (a) or limb (c) plainly describes is treated as making a drug analogue; one contestable modification (a swap within one paragraph of s301.9(2), or a core ring replaced), a single limb (d) change from the listed drug, or an express exclusion or different listing in the Regulations is treated as making the exposure conditional; anything more, including adding or removing a ring, is treated as outside s301.9. Because s301.9(1)(c) allows a modification «obtained in one or more of the following ways», the tier this gives can depend on how a change is described, and nothing read settles which description governs. No court decision applying s301.9 to buprenorphine was read, so this is a reading of the text. The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» No Commonwealth offence reaches possession, sale, supply, manufacture or use of buprenorphine inside Australia; those are state and territory poisons offences built on its Poisons Standard placement. At the border it is a prohibited import under regulation 5 of the Customs (Prohibited Imports) Regulations 1956, which names buprenorphine at Schedule 4 item 32. Importing it without a licence and permission, or outside the traveller exemption, contravenes Customs Act 1901 s233(1)(b), and having unlawfully imported goods in possession contravenes s233(1)(d); both are strict liability (s233(1AB)) and are punishable under s233AB(2) by a fine only, not exceeding 3 times the value of the goods or 1,000 penalty units ($364,000), whichever is greater. Customs Act s233(5) takes narcotic goods, meaning border controlled drugs and plants, out of s233, which is why Division 307 and not s233 governs a border controlled drug. Part 9.2 does not apply, because s320.2(2)(k) excludes a prohibited import. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together.
- If prescribed / medical
- Buprenorphine has a prescription route as a Schedule 8 controlled drug. The Reader's guide, which is not part of the instrument, describes Schedule 8 as «Substances which should be available for use but require restriction of manufacture, supply, distribution, possession and use to reduce abuse, misuse and physical or psychological dependence.» Prescribing, dispensing and the permits a prescriber may need are state and territory law. Possession under a lawful prescription is conduct justified or excused by state or territory law, so Part 9.1 outside Division 307 does not apply to it (s313.1), and Criminal Code s10.5 provides «A person is not criminally responsible for an offence if the conduct constituting the offence is justified or excused by or under a law.» State and territory law also governs opioid treatment programmes.
- Documentation
- Traveller rule, Commonwealth: regulation 5(2)(b) of the Customs (Prohibited Imports) Regulations 1956 lifts the import prohibition for a drug carried by a passenger on a ship or aircraft that «is required for the medical treatment of the person or of another passenger under the care of the person», «was prescribed by a medical practitioner for the purposes of that treatment» and «was supplied to the person in accordance with the prescription of the medical practitioner referred to in subparagraph (ii)». Therapeutic Goods Regulations 1990 Schedule 5 item 1 (Compilation No. 130, compilation date 8 September 2026) covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family» and limits the personal import to «not more than 3 months’ supply at the maximum dose recommended by the manufacturer» in one importation and, for goods in Schedule 4 or Schedule 8 of the current Poisons Standard, requires a written authority from a medical practitioner, or an overseas medical practitioner where the goods are carried by a passenger. The Australian Border Force traveller guidance (abf.gov.au, read 2 October 2026) asks the traveller to «carry a letter or copy of your prescription (written in English) from your doctor to certify that the medicine has been prescribed to you to treat a medical condition», to keep the medicine in its original packaging and to declare it on arrival. Anything outside that exemption needs an import licence and permission from the Office of Drug Control under regulation 5(1). Where the medicine is also a border controlled drug, Division 307 of the Criminal Code has no traveller exception of its own; the traveller relies on Criminal Code s10.5, «A person is not criminally responsible for an offence if the conduct constituting the offence is justified or excused by or under a law.», on the footing that an import within regulation 5(2)(b) is so excused. That footing is this cell's reading of the provisions; no decision applying it was read. The Therapeutic Goods Administration and Office of Drug Control traveller pages (tga.gov.au, odc.gov.au) did not respond from this network on 2 October 2026 (curl timeout after 60 seconds, twice, and a second fetcher timed out), so nothing in this cell rests on them.
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
Caffeine
- Legal status
- Legal as food and drink; scheduled only in concentrated or high dose forms. F2026L01327 places caffeine «for internal therapeutic use» above a 600 mg labelled daily dose in Schedule 4: «CAFFEINE for internal therapeutic use except: (a) in divided preparations when labelled with a maximum recommended daily dose of no greater than 600 mg of total caffeine; or (b) in undivided preparations with a concentration of less than 5% of caffeine and when labelled with a maximum recommended daily dose of no greater than 600 mg of total caffeine.» Its Schedule 6 entry catches other caffeine except, among other things, «in other preparations with a concentration of less than 5% of caffeine», so pure or highly concentrated caffeine powder sold other than as a medicine is a Schedule 6 poison when states and territories apply the entry. It is not listed in Schedule 1 or Schedule 2 of the Criminal Code Regulations 2019 (Compilation No. 6). Nearest listed drug: methaqualone (Schedule 1 item 158), the listed drug nearest in form, a fused two-ring nitrogen heterocycle with a ring carbonyl; no listed drug is a xanthine or other purine. Limb (a) of s301.9(1) does not reach it because its molecular formula differs from methaqualone's and from every listed drug's, so it is no isomer, and it is not an alkaloid of a listed drug; limb (c) does not, because reaching it from methaqualone would replace the benzene ring of the fused core with an imidazole ring and remove the methylphenyl ring, and removing a ring is none of the s301.9(1)(c) modifications; and on the method stated next limb (d) does not, because removing a ring puts it outside s301.9 on that method. The method used for every row is a reading, not a rule the Act states: a modification that limb (a) or limb (c) plainly describes is treated as making a drug analogue; one contestable modification (a swap within one paragraph of s301.9(2), or a core ring replaced), a single limb (d) change from the listed drug, or an express exclusion or different listing in the Regulations is treated as making the exposure conditional; anything more, including adding or removing a ring, is treated as outside s301.9. Because s301.9(1)(c) allows a modification «obtained in one or more of the following ways», the tier this gives can depend on how a change is described, and nothing read settles which description governs. No court decision applying s301.9 to caffeine was read, so this is a reading of the text. Nor is it named in Schedule 4 of the Customs (Prohibited Imports) Regulations 1956 as in force on 2 October 2026. Food law adds its own controls, made by Food Standards Australia New Zealand under a Commonwealth Act and applied by the states and territories through the Food Standards Code: the Australia New Zealand Food Standards Code Standard 1.1.1 (Compilation No. 17, F2026C00543, compilation date 9 June 2026) says that, unless the Code expressly permits it, food for retail sale must not be a prescribed caffeine product, and from 9 June 2026 must not have caffeine from any source as an added ingredient; the thresholds that define a prescribed caffeine product sit in Standard 1.1.2, which was not read. Standard 2.6.4 requires a formulated caffeinated beverage to contain «no less than 145 mg/L and no more than 320 mg/L of caffeine in total, from any source». The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» No Commonwealth criminal offence reaches possession, sale, supply, manufacture or use of caffeine: it is not a controlled or border controlled drug, and it is not a prohibited import under Schedule 4 of the Customs (Prohibited Imports) Regulations 1956 (Compilation No. 147), so the Customs Act 1901 s233 offence for prohibited imports does not reach its import. Supply is controlled by state and territory poisons law applying its Poisons Standard schedule. Part 9.2 of the Criminal Code is the residual import offence: s320.2 punishes importing a psychoactive substance by 5 years or 300 penalty units, or both, and s320.3 importing a substance presented as a serious drug alternative by 2 years or 120 penalty units, or both; s320.2(2) excludes listed or registered therapeutic goods, goods represented for therapeutic use other than as a serious drug alternative, industrial chemicals, a plant or fungus or an extract from one, any serious drug or precursor, and any prohibited import within the meaning of the Customs Act. Part 9.2 excludes food for which there is a standard, s320.2(2)(a). There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together.
- If prescribed / medical
- High dose therapeutic caffeine products above the 600 mg labelled daily dose are Schedule 4. The Reader's guide, which is not part of the instrument, describes Schedule 4 as «Substances, the use or supply of which should be by or on the order of persons permitted by State or Territory legislation to prescribe and should be available from a pharmacist on prescription.»
- Documentation
- No traveller restriction applies to caffeine in food or drink; a caffeine medicine follows the rule in Therapeutic Goods Regulations 1990 Schedule 5 item 1 (Compilation No. 130), which covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family», limited to «not more than 3 months’ supply at the maximum dose recommended by the manufacturer» in one importation.
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Australia New Zealand Food Standards Code Standard 1.1.1, Compilation No. 17 · legislation.gov.au · Food Standards Code Standard 2.6.4, Formulated caffeinated beverages · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
Cannabinol
- Legal status
- Prohibited under the Poisons Standard and a border controlled drug; its status for Commonwealth possession and trafficking rests on the analogue limb and is conditional. Cannabinol (CBN) is not named in the Schedules of F2026L01327 as in force on 2 October 2026 except as a listed constituent of nabiximols in Schedule 8. Its chemical name is 6,6,9-trimethyl-3-pentyl-6H-dibenzo[b,d]pyran-1-ol, so the Schedule 9 entry «DIBENZOPYRANS except when separately specified in these Schedules.» reaches it, as does the Schedule 9 cannabis entry when it is an extract of the plant. Schedule 2 item 35 of the Criminal Code Regulations 2019 lists «Cannabinoids (other than a Cannabinoid of a kind that can be obtained from a plant that is not a Cannabis plant)» as a border controlled drug (commercial 2.0 kg, marketable 2.0 g). CBN occurs in the cannabis plant, so the import of isolated CBN is a Division 307 matter. The Customs (Prohibited Imports) Regulations 1956 name «34 Cannabinoids». CBN is not listed in Schedule 1 of the Criminal Code Regulations; it is THC with its partly saturated ring made aromatic, the reverse of the hydrogen-addition limb, so only s301.9(1)(d), «any other homologue, analogue, chemical derivative or substance substantially similar in chemical structure», can make it a controlled drug; it shares THC's dibenzopyran skeleton and side chains and is one change from it. The method used for every row is a reading, not a rule the Act states: a modification that limb (a) or limb (c) plainly describes is treated as making a drug analogue; one contestable modification (a swap within one paragraph of s301.9(2), or a core ring replaced), a single limb (d) change from the listed drug, or an express exclusion or different listing in the Regulations is treated as making the exposure conditional; anything more, including adding or removing a ring, is treated as outside s301.9. Because s301.9(1)(c) allows a modification «obtained in one or more of the following ways», the tier this gives can depend on how a change is described, and nothing read settles which description governs. On that method its controlled drug status is conditional, at THC's quantities. No court decision on CBN was read. The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» CBN is a listed border controlled drug within item 35. Import and export are offences of their own in Division 307 against the border controlled drug listing (Schedule 2 item 35): s307.3, imprisonment for 10 years or 2,000 penalty units, or both, with a defence if the person proves no intention or belief that any would be sold; s307.4, which needs no commercial intent, 2 years or 400 penalty units, or both; s307.2 for a marketable quantity (2.0 g or more), 25 years or 5,000 penalty units, or both; s307.1 for a commercial quantity (2.0 kg or more), imprisonment for life or 7,500 penalty units, or both. Possessing an unlawfully imported quantity is s307.5 to s307.7 on the same thresholds, and possessing one reasonably suspected of unlawful import is s307.8 to s307.10. The Customs Act s233(5) leaves border controlled drugs to these offences rather than to the Customs Act smuggling offence. The trafficking, manufacture and possession offences reach CBN only if the conditional s301.9(1)(d) reading holds; if it does, Trafficking CBN (s302.1: selling, preparing for supply, transporting, guarding or possessing with intent to sell) is s302.4, imprisonment for 10 years or 2,000 penalty units, or both. Trafficking a marketable quantity, 1,000.0 g or more under Schedule 1 item 238 of the Criminal Code Regulations, is s302.3, 25 years or 5,000 penalty units, or both. A commercial quantity, 5.0 kg or more, is s302.2, imprisonment for life or 7,500 penalty units, or both. Under s302.5 a person who prepares, transports, guards or possesses a trafficable quantity, 2.0 g or more, is taken to have intended to sell unless they prove they had neither that intention nor belief, a legal burden (s13.4). Manufacturing CBN for a commercial purpose is s305.5, 10 years or 2,000 penalty units, or both (12 years or 2,400 penalty units if a child under 14 is exposed, s310.4); s305.4 for a marketable quantity, 25 years or 5,000 penalty units (28 years or 5,600 aggravated); s305.3 for a commercial quantity, imprisonment for life or 7,500 penalty units, or both. Under s305.6 manufacturing a trafficable quantity presumes the commercial purpose, rebuttably. Possessing CBN as a controlled drug is s308.1, imprisonment for 2 years or 400 penalty units, or both, and s308.1(3) lets the court deal with the offender as if the offence were the state or territory possession offence, so diversion available there is available here. Supplying any quantity to a child is s309.2, 15 years or 3,000 penalty units, or both. Part 9.1, other than the import and export offences in Division 307, does not apply to conduct justified or excused by or under a state or territory law (s313.1), which is how lawful prescribing and dispensing sit outside it. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together. Quantities are proved under s312.1 as in force on 2 October 2026, by the pure drug in a mixture. A substituted s312.1, enacted by the Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2026 (assented to 26 August 2026), Schedule 2 Part 2, will «treat the mixture as consisting wholly of the prohibited substance»; it commences on a day fixed by Proclamation or at the latest on 26 August 2027, and no Proclamation was found when this was read.
- If prescribed / medical
- No prescription route: Cannabinol as an isolate sits in Schedule 9 of F2026L01327. The Reader's guide, which is not part of the instrument, describes Schedule 9 as «Substances which may be abused or misused, the manufacture, possession, supply or use of which should be prohibited by law except when required for medical or scientific research, or for analytical, teaching or training purposes with approval of Commonwealth and/or State or Territory Health Authorities.» Outside an approved clinical trial or research, there is no lawful medical supply in Australia on anything read for this cell, and a foreign prescription does not change the Commonwealth position. CBN within a Schedule 8 medicinal cannabis or nabiximols product takes that product's Schedule 8 route. The Narcotic Drugs Act 1967 (Compilation No. 16, compilation date 14 October 2024) also applies, because it defines drug as «any substance that is a drug for the purposes of the Convention», the Single Convention on Narcotic Drugs, 1961: it licenses the manufacture of narcotic drugs through manufacture licences and permits.
- Documentation
- No traveller exemption is shown for a Schedule 9 substance. The Australian Border Force traveller guidance (abf.gov.au, read 2 October 2026) covers «Prescription medicines such as morphine, oxycodone, methadone, methylphenidate, Adderall®, and benzodiazepines» and nothing read for this cell treats a foreign prescription for a Schedule 9 substance as lawful authority for an import that Division 307 otherwise punishes. An import needs an Office of Drug Control licence and permission under regulation 5(1) of the Customs (Prohibited Imports) Regulations 1956, and regulation 5(10) lets permission be granted only where, in the cases that apply to a private person, the drug «is required by the applicant for medical or scientific purposes». The personal importation rule in Therapeutic Goods Regulations 1990 Schedule 5 item 1, which covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family», does not help where the substance is a prohibited import, because it applies only where «the goods do not contain a substance the importation of which is prohibited under the Customs Act 1901».
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Narcotic Drugs Act 1967, Compilation No. 16 · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
Cannabis / THC
- Legal status
- Prohibited for non-medical use under Commonwealth law; medicinal cannabis is a Schedule 8 controlled drug. F2026L01327 places cannabis in Schedule 9, «CANNABIS (including seeds, extracts, resins, and the plant and any part of the plant when packed or prepared), except: (a) when separately specified in these Schedules; or (b) processed hemp fibre containing 0.1% or less of tetrahydrocannabinols and hemp fibre products manufactured from such fibre; or (c) hemp seed oil containing 75 mg/kg or less of cannabidiol and 10 mg/kg or less of tetrahydrocannabinols.», and in Schedule 8 when «prepared or packed for human therapeutic use» and cultivated, produced, manufactured, imported or supplied in accordance with the Narcotic Drugs Act 1967 or the Therapeutic Goods Act; cannabidiol preparations sit in Schedules 3 and 4. Criminal Code Regulations 2019: cannabis is a controlled drug at Schedule 1 item 50 (commercial 125.0 kg, marketable 25,000.0 g, trafficable 250.0 g) and resin at item 51 (125.0 kg, 25,000.0 g, 20.0 g), tetrahydrocannabinols at item 238; a border controlled drug at Schedule 2 item 36 (100.0 kg, 25,000.0 g) and resin item 37 (50.0 kg, 20.0 g); the plant is a controlled plant (s12) and border controlled plant (s15 item 1). Customs (Prohibited Imports) Regulations 1956 Schedule 4 items 35 («35 Cannabis, including extracts and tinctures of cannabis») and 36 («36 Cannabis resin»). Items 50 and 36 list «Cannabis (in any form, including flowering or fruiting tops, leaves, seeds or stalks, but not including Cannabis resin or Cannabis fibre)»; resin is listed separately, and cannabis fibre is not listed anywhere, so hemp fibre is outside Part 9.1 except through any tetrahydrocannabinols it contains (Schedule 1 item 238), which s312.1 as in force measures by the pure drug. Personal possession rules, including the Australian Capital Territory's, are state and territory law, not Commonwealth law, and are not stated here. The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» Trafficking cannabis (s302.1: selling, preparing for supply, transporting, guarding or possessing with intent to sell) is s302.4, imprisonment for 10 years or 2,000 penalty units, or both. Trafficking a marketable quantity, 25,000.0 g or more under Schedule 1 item 50 of the Criminal Code Regulations, is s302.3, 25 years or 5,000 penalty units, or both. A commercial quantity, 125.0 kg or more, is s302.2, imprisonment for life or 7,500 penalty units, or both. Under s302.5 a person who prepares, transports, guards or possesses a trafficable quantity, 250.0 g or more, is taken to have intended to sell unless they prove they had neither that intention nor belief, a legal burden (s13.4). Manufacturing cannabis for a commercial purpose is s305.5, 10 years or 2,000 penalty units, or both (12 years or 2,400 penalty units if a child under 14 is exposed, s310.4); s305.4 for a marketable quantity, 25 years or 5,000 penalty units (28 years or 5,600 aggravated); s305.3 for a commercial quantity, imprisonment for life or 7,500 penalty units, or both. Under s305.6 manufacturing a trafficable quantity presumes the commercial purpose, rebuttably. Import and export are offences of their own in Division 307 against the border controlled drug listing (Schedule 2 item 36): s307.3, imprisonment for 10 years or 2,000 penalty units, or both, with a defence if the person proves no intention or belief that any would be sold; s307.4, which needs no commercial intent, 2 years or 400 penalty units, or both; s307.2 for a marketable quantity (25,000.0 g or more), 25 years or 5,000 penalty units, or both; s307.1 for a commercial quantity (100.0 kg or more), imprisonment for life or 7,500 penalty units, or both. Possessing an unlawfully imported quantity is s307.5 to s307.7 on the same thresholds, and possessing one reasonably suspected of unlawful import is s307.8 to s307.10. The Customs Act s233(5) leaves border controlled drugs to these offences rather than to the Customs Act smuggling offence. Possessing cannabis as a controlled drug is s308.1, imprisonment for 2 years or 400 penalty units, or both, and s308.1(3) lets the court deal with the offender as if the offence were the state or territory possession offence, so diversion available there is available here. Supplying any quantity to a child is s309.2, 15 years or 3,000 penalty units, or both. Cannabis is the only controlled plant (Criminal Code Regulations s12 item 1). Cultivating it for a commercial purpose is s303.6, 10 years or 2,000 penalty units, or both; s303.5 at a marketable quantity of 25 kg or 100 plants, 25 years or 5,000 penalty units, or both; s303.4 at a commercial quantity of 250 kg or 1,000 plants, imprisonment for life or 7,500 penalty units, or both; and under s303.7 cultivating a trafficable quantity, 250 g or 10 plants, presumes the commercial purpose unless the person proves otherwise. Selling plants is Division 304 on the same thresholds. Cultivation without a commercial purpose is not a Commonwealth offence; it is state and territory law. Part 9.1, other than the import and export offences in Division 307, does not apply to conduct justified or excused by or under a state or territory law (s313.1), which is how lawful prescribing and dispensing sit outside it. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together. Quantities are proved under s312.1 as in force on 2 October 2026, by the pure drug in a mixture. A substituted s312.1, enacted by the Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2026 (assented to 26 August 2026), Schedule 2 Part 2, will «treat the mixture as consisting wholly of the prohibited substance»; it commences on a day fixed by Proclamation or at the latest on 26 August 2027, and no Proclamation was found when this was read. Resin carries a far lower trafficable quantity, 20.0 g.
- If prescribed / medical
- Medicinal cannabis is a Schedule 8 controlled drug when it meets the Schedule 8 entry, and Appendix D clause 1 lists «CANNABIS for human use» among poisons supplied only «on the prescription or order of, an authorised medical practitioner». Narcotic Drugs Act 1967 (Compilation No. 16, compilation date 14 October 2024) governs lawful cultivation and production: a medicinal cannabis licence and permit scheme, with s11B making unauthorised cultivation by a licence holder an offence carrying «Imprisonment for 10 years, or 600 penalty units, or both». A patient holding medicinal cannabis under a lawful prescription is outside Part 9.1 by s313.1 and s10.5; Division 307 still governs import, which must fit the traveller exemption or an import permission. The Narcotic Drugs Act 1967 (Compilation No. 16, compilation date 14 October 2024) also applies, because it defines drug as «any substance that is a drug for the purposes of the Convention», the Single Convention on Narcotic Drugs, 1961: it licenses the manufacture of narcotic drugs through manufacture licences and permits.
- Documentation
- Traveller rule, Commonwealth: regulation 5(2)(b) of the Customs (Prohibited Imports) Regulations 1956 lifts the import prohibition for a drug carried by a passenger on a ship or aircraft that «is required for the medical treatment of the person or of another passenger under the care of the person», «was prescribed by a medical practitioner for the purposes of that treatment» and «was supplied to the person in accordance with the prescription of the medical practitioner referred to in subparagraph (ii)». Therapeutic Goods Regulations 1990 Schedule 5 item 1 (Compilation No. 130, compilation date 8 September 2026) covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family» and limits the personal import to «not more than 3 months’ supply at the maximum dose recommended by the manufacturer» in one importation and, for goods in Schedule 4 or Schedule 8 of the current Poisons Standard, requires a written authority from a medical practitioner, or an overseas medical practitioner where the goods are carried by a passenger. The Australian Border Force traveller guidance (abf.gov.au, read 2 October 2026) asks the traveller to «carry a letter or copy of your prescription (written in English) from your doctor to certify that the medicine has been prescribed to you to treat a medical condition», to keep the medicine in its original packaging and to declare it on arrival. Anything outside that exemption needs an import licence and permission from the Office of Drug Control under regulation 5(1). Where the medicine is also a border controlled drug, Division 307 of the Criminal Code has no traveller exception of its own; the traveller relies on Criminal Code s10.5, «A person is not criminally responsible for an offence if the conduct constituting the offence is justified or excused by or under a law.», on the footing that an import within regulation 5(2)(b) is so excused. That footing is this cell's reading of the provisions; no decision applying it was read. The ABF guidance adds that for a cannabis substance used in a reusable vape the substance «must meet the requirements of the traveller exemption for medicines and substances», and that the vaping goods traveller exemption does not apply to disposable cannabis vapes. The Therapeutic Goods Administration and Office of Drug Control traveller pages (tga.gov.au, odc.gov.au) did not respond from this network on 2 October 2026 (curl timeout after 60 seconds, twice, and a second fetcher timed out), so nothing in this cell rests on them.
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Narcotic Drugs Act 1967, Compilation No. 16 · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
Cathinone
- Legal status
- Prohibited. Cathinone, an alkaloid of khat, falls in the Schedule 9 class entry of F2026L01327 «CATHINONES except when separately specified in these Schedules.», cathinone being the parent compound of the class; its weaker relative cathine is Schedule 4 («CATHINE.»). Criminal Code Regulations 2019: a controlled drug at Schedule 1 item 52 (commercial quantity 0.75 kg, marketable 250.0 g, trafficable 0.75 g) and a border controlled drug at Schedule 2 item 38 (commercial 0.75 kg, marketable 2.0 g). Customs (Prohibited Imports) Regulations 1956 Schedule 4 item 38 («38 Cathinone»), with cathine at item 37. The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» Trafficking cathinone (s302.1: selling, preparing for supply, transporting, guarding or possessing with intent to sell) is s302.4, imprisonment for 10 years or 2,000 penalty units, or both. Trafficking a marketable quantity, 250.0 g or more under Schedule 1 item 52 of the Criminal Code Regulations, is s302.3, 25 years or 5,000 penalty units, or both. A commercial quantity, 0.75 kg or more, is s302.2, imprisonment for life or 7,500 penalty units, or both. Under s302.5 a person who prepares, transports, guards or possesses a trafficable quantity, 0.75 g or more, is taken to have intended to sell unless they prove they had neither that intention nor belief, a legal burden (s13.4). Manufacturing cathinone for a commercial purpose is s305.5, 10 years or 2,000 penalty units, or both (12 years or 2,400 penalty units if a child under 14 is exposed, s310.4); s305.4 for a marketable quantity, 25 years or 5,000 penalty units (28 years or 5,600 aggravated); s305.3 for a commercial quantity, imprisonment for life or 7,500 penalty units, or both. Under s305.6 manufacturing a trafficable quantity presumes the commercial purpose, rebuttably. Import and export are offences of their own in Division 307 against the border controlled drug listing (Schedule 2 item 38): s307.3, imprisonment for 10 years or 2,000 penalty units, or both, with a defence if the person proves no intention or belief that any would be sold; s307.4, which needs no commercial intent, 2 years or 400 penalty units, or both; s307.2 for a marketable quantity (2.0 g or more), 25 years or 5,000 penalty units, or both; s307.1 for a commercial quantity (0.75 kg or more), imprisonment for life or 7,500 penalty units, or both. Possessing an unlawfully imported quantity is s307.5 to s307.7 on the same thresholds, and possessing one reasonably suspected of unlawful import is s307.8 to s307.10. The Customs Act s233(5) leaves border controlled drugs to these offences rather than to the Customs Act smuggling offence. Possessing cathinone as a controlled drug is s308.1, imprisonment for 2 years or 400 penalty units, or both, and s308.1(3) lets the court deal with the offender as if the offence were the state or territory possession offence, so diversion available there is available here. Supplying any quantity to a child is s309.2, 15 years or 3,000 penalty units, or both. Part 9.1, other than the import and export offences in Division 307, does not apply to conduct justified or excused by or under a state or territory law (s313.1), which is how lawful prescribing and dispensing sit outside it. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together. Quantities are proved under s312.1 as in force on 2 October 2026, by the pure drug in a mixture. A substituted s312.1, enacted by the Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2026 (assented to 26 August 2026), Schedule 2 Part 2, will «treat the mixture as consisting wholly of the prohibited substance»; it commences on a day fixed by Proclamation or at the latest on 26 August 2027, and no Proclamation was found when this was read.
- If prescribed / medical
- No prescription route: Cathinone sits in Schedule 9 of F2026L01327. The Reader's guide, which is not part of the instrument, describes Schedule 9 as «Substances which may be abused or misused, the manufacture, possession, supply or use of which should be prohibited by law except when required for medical or scientific research, or for analytical, teaching or training purposes with approval of Commonwealth and/or State or Territory Health Authorities.» Outside an approved clinical trial or research, there is no lawful medical supply in Australia on anything read for this cell, and a foreign prescription does not change the Commonwealth position.
- Documentation
- No traveller exemption is shown for a Schedule 9 substance. The Australian Border Force traveller guidance (abf.gov.au, read 2 October 2026) covers «Prescription medicines such as morphine, oxycodone, methadone, methylphenidate, Adderall®, and benzodiazepines» and nothing read for this cell treats a foreign prescription for a Schedule 9 substance as lawful authority for an import that Division 307 otherwise punishes. An import needs an Office of Drug Control licence and permission under regulation 5(1) of the Customs (Prohibited Imports) Regulations 1956, and regulation 5(10) lets permission be granted only where, in the cases that apply to a private person, the drug «is required by the applicant for medical or scientific purposes». The personal importation rule in Therapeutic Goods Regulations 1990 Schedule 5 item 1, which covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family», does not help where the substance is a prohibited import, because it applies only where «the goods do not contain a substance the importation of which is prohibited under the Customs Act 1901».
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
CBD
- Legal status
- Prescription only medicine, with a pharmacist only tier, and a border controlled drug. F2026L01327 places cannabidiol in Schedule 4: «CANNABIDIOL in preparations for therapeutic use or analytical and scientific research where: (a) cannabidiol comprises 98% or more of the total cannabinoid content of the preparation; and (b) any cannabinoids, other than cannabidiol, must be only those naturally found in cannabis and comprise 2% or less of the total cannabinoid content of the preparation; except when: (c) included in Schedule 3; or (d) in hemp seed oil at a concentration of 75 mg/kg or less.» Schedule 3 covers registered oral, oromucosal and sublingual products with «the maximum recommended daily dose is 150 mg or less of cannabidiol», «packs containing not more than 30 days’ supply» and supply «for persons aged 18 years and over». A preparation outside the 98% purity condition is cannabis or a cannabis extract in Schedule 9, or Schedule 8 when it meets the medicinal cannabis entry. Schedule 2 item 35 of the Criminal Code Regulations 2019 lists «Cannabinoids (other than a Cannabinoid of a kind that can be obtained from a plant that is not a Cannabis plant)» as a border controlled drug (commercial 2.0 kg, marketable 2.0 g). Cannabidiol is a cannabinoid of the cannabis plant, so importing it is a Division 307 matter unless done under a licence and permission or the traveller exemption. For the controlled drug offences CBD needs s301.9, and it falls outside it. Apart from item 35, it is not listed in Schedule 1 or Schedule 2 of the Criminal Code Regulations 2019 (Compilation No. 6). Nearest listed drug: tetrahydrocannabinols, THC (Schedule 1 item 238). Limb (a) of s301.9(1) does not reach it because although CBD and THC share the formula C21H30O2, s301.9(1)(a)(ii) needs «a structural isomer having the same constituent groups», and CBD carries two hydroxy groups where THC carries one hydroxy group and a ring ether; limb (c) does not, because CBD is THC with its central pyran ring opened, and removing a ring is none of the s301.9(1)(c) modifications; and on the method stated next limb (d) does not, because opening a ring puts it outside s301.9 on that method. The method used for every row is a reading, not a rule the Act states: a modification that limb (a) or limb (c) plainly describes is treated as making a drug analogue; one contestable modification (a swap within one paragraph of s301.9(2), or a core ring replaced), a single limb (d) change from the listed drug, or an express exclusion or different listing in the Regulations is treated as making the exposure conditional; anything more, including adding or removing a ring, is treated as outside s301.9. Because s301.9(1)(c) allows a modification «obtained in one or more of the following ways», the tier this gives can depend on how a change is described, and nothing read settles which description governs. No court decision applying s301.9 to cannabidiol was read, so this is a reading of the text. Customs (Prohibited Imports) Regulations 1956 Schedule 4 item 34 («34 Cannabinoids»). The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» The Division 307 import and export offences are the only Commonwealth criminal offences reaching CBD. Import and export are offences of their own in Division 307 against the border controlled drug listing (Schedule 2 item 35): s307.3, imprisonment for 10 years or 2,000 penalty units, or both, with a defence if the person proves no intention or belief that any would be sold; s307.4, which needs no commercial intent, 2 years or 400 penalty units, or both; s307.2 for a marketable quantity (2.0 g or more), 25 years or 5,000 penalty units, or both; s307.1 for a commercial quantity (2.0 kg or more), imprisonment for life or 7,500 penalty units, or both. Possessing an unlawfully imported quantity is s307.5 to s307.7 on the same thresholds, and possessing one reasonably suspected of unlawful import is s307.8 to s307.10. The Customs Act s233(5) leaves border controlled drugs to these offences rather than to the Customs Act smuggling offence. Possession, sale and supply within Australia are not Commonwealth offences for CBD; they are state and territory poisons offences built on its Schedule 3, 4, 8 or 9 placement. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together.
- If prescribed / medical
- Schedule 4 makes a CBD preparation a prescription only medicine. The Reader's guide, which is not part of the instrument, describes Schedule 4 as «Substances, the use or supply of which should be by or on the order of persons permitted by State or Territory legislation to prescribe and should be available from a pharmacist on prescription.» A registered Schedule 3 product may be sold by a pharmacist without prescription to an adult within the 150 mg daily dose and 30 day pack limits quoted above. Products not entered in the Australian Register of Therapeutic Goods are prescribed through Therapeutic Goods Act approval pathways. The Narcotic Drugs Act 1967 (Compilation No. 16, compilation date 14 October 2024) also applies, because it defines drug as «any substance that is a drug for the purposes of the Convention», the Single Convention on Narcotic Drugs, 1961: it licenses the manufacture of narcotic drugs through manufacture licences and permits.
- Documentation
- Traveller rule, Commonwealth: regulation 5(2)(b) of the Customs (Prohibited Imports) Regulations 1956 lifts the import prohibition for a drug carried by a passenger on a ship or aircraft that «is required for the medical treatment of the person or of another passenger under the care of the person», «was prescribed by a medical practitioner for the purposes of that treatment» and «was supplied to the person in accordance with the prescription of the medical practitioner referred to in subparagraph (ii)». Therapeutic Goods Regulations 1990 Schedule 5 item 1 (Compilation No. 130, compilation date 8 September 2026) covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family» and limits the personal import to «not more than 3 months’ supply at the maximum dose recommended by the manufacturer» in one importation and, for goods in Schedule 4 or Schedule 8 of the current Poisons Standard, requires a written authority from a medical practitioner, or an overseas medical practitioner where the goods are carried by a passenger. The Australian Border Force traveller guidance (abf.gov.au, read 2 October 2026) asks the traveller to «carry a letter or copy of your prescription (written in English) from your doctor to certify that the medicine has been prescribed to you to treat a medical condition», to keep the medicine in its original packaging and to declare it on arrival. Anything outside that exemption needs an import licence and permission from the Office of Drug Control under regulation 5(1). Where the medicine is also a border controlled drug, Division 307 of the Criminal Code has no traveller exception of its own; the traveller relies on Criminal Code s10.5, «A person is not criminally responsible for an offence if the conduct constituting the offence is justified or excused by or under a law.», on the footing that an import within regulation 5(2)(b) is so excused. That footing is this cell's reading of the provisions; no decision applying it was read. The Therapeutic Goods Administration and Office of Drug Control traveller pages (tga.gov.au, odc.gov.au) did not respond from this network on 2 October 2026 (curl timeout after 60 seconds, twice, and a second fetcher timed out), so nothing in this cell rests on them.
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Narcotic Drugs Act 1967, Compilation No. 16 · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
Clonazepam
- Legal status
- Prescription only medicine and prohibited import; not a Criminal Code drug. F2026L01327 names clonazepam in Schedule 4, «# CLONAZEPAM.», the # marking an Appendix D control, and Appendix D clause 5 lists «BENZODIAZEPINE DERIVATIVES, including those separately specified in Schedule 4 and Schedule 8» among poisons that «must not be possessed by a person without authority». The Customs (Prohibited Imports) Regulations 1956 name it, «42 Clonazepam». Clonazepam is 5-(2-chlorophenyl)-7-nitro-1,3-dihydro-2H-1,4-benzodiazepin-2-one. It is not listed in Schedule 1 or Schedule 2 of the Criminal Code Regulations 2019 (Compilation No. 6). Nearest listed drug: bromazolam (Schedule 1 item 36A, Schedule 2 item 31A), the one benzodiazepine the Regulations list. Limb (a) of s301.9(1) does not reach it because it is not a stereoisomer, a structural isomer or an alkaloid of bromazolam; its molecular formula differs; limb (c) does not, because reaching it from bromazolam would remove the whole fused triazole ring with its methyl group and add a ring carbonyl, swap bromine for a nitro group and add a chlorine to the phenyl ring, and removing a ring is none of the s301.9(1)(c) modifications; and on the method stated next limb (d) does not, because removing a whole ring puts it outside s301.9 on that method, whatever view is taken of the remaining changes. The method used for every row is a reading, not a rule the Act states: a modification that limb (a) or limb (c) plainly describes is treated as making a drug analogue; one contestable modification (a swap within one paragraph of s301.9(2), or a core ring replaced), a single limb (d) change from the listed drug, or an express exclusion or different listing in the Regulations is treated as making the exposure conditional; anything more, including adding or removing a ring, is treated as outside s301.9. Because s301.9(1)(c) allows a modification «obtained in one or more of the following ways», the tier this gives can depend on how a change is described, and nothing read settles which description governs. No court decision applying s301.9 to clonazepam was read, so this is a reading of the text. The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» No Commonwealth offence reaches possession, sale, supply, manufacture or use of clonazepam inside Australia; those are state and territory poisons offences built on its Poisons Standard placement. At the border it is a prohibited import under regulation 5 of the Customs (Prohibited Imports) Regulations 1956, which names clonazepam at Schedule 4 item 42. Importing it without a licence and permission, or outside the traveller exemption, contravenes Customs Act 1901 s233(1)(b), and having unlawfully imported goods in possession contravenes s233(1)(d); both are strict liability (s233(1AB)) and are punishable under s233AB(2) by a fine only, not exceeding 3 times the value of the goods or 1,000 penalty units ($364,000), whichever is greater. Customs Act s233(5) takes narcotic goods, meaning border controlled drugs and plants, out of s233, which is why Division 307 and not s233 governs a border controlled drug. Part 9.2 does not apply, because s320.2(2)(k) excludes a prohibited import. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together.
- If prescribed / medical
- Clonazepam is a Schedule 4 prescription only medicine. The Reader's guide, which is not part of the instrument, describes Schedule 4 as «Substances, the use or supply of which should be by or on the order of persons permitted by State or Territory legislation to prescribe and should be available from a pharmacist on prescription.» Appendix D clause 5 of F2026L01327 lists «BENZODIAZEPINE DERIVATIVES, including those separately specified in Schedule 4 and Schedule 8» among the poisons that «must not be possessed by a person without authority (for example, possession other than in accordance with a legal prescription)», so possession without a prescription is meant to be an offence once each state and territory adopts it. Possession under a lawful prescription is lawful under state and territory law; no Commonwealth offence is engaged.
- Documentation
- Traveller rule, Commonwealth: regulation 5(2)(b) of the Customs (Prohibited Imports) Regulations 1956 lifts the import prohibition for a drug carried by a passenger on a ship or aircraft that «is required for the medical treatment of the person or of another passenger under the care of the person», «was prescribed by a medical practitioner for the purposes of that treatment» and «was supplied to the person in accordance with the prescription of the medical practitioner referred to in subparagraph (ii)». Therapeutic Goods Regulations 1990 Schedule 5 item 1 (Compilation No. 130, compilation date 8 September 2026) covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family» and limits the personal import to «not more than 3 months’ supply at the maximum dose recommended by the manufacturer» in one importation and, for goods in Schedule 4 or Schedule 8 of the current Poisons Standard, requires a written authority from a medical practitioner, or an overseas medical practitioner where the goods are carried by a passenger. The Australian Border Force traveller guidance (abf.gov.au, read 2 October 2026) asks the traveller to «carry a letter or copy of your prescription (written in English) from your doctor to certify that the medicine has been prescribed to you to treat a medical condition», to keep the medicine in its original packaging and to declare it on arrival. Anything outside that exemption needs an import licence and permission from the Office of Drug Control under regulation 5(1). Where the medicine is also a border controlled drug, Division 307 of the Criminal Code has no traveller exception of its own; the traveller relies on Criminal Code s10.5, «A person is not criminally responsible for an offence if the conduct constituting the offence is justified or excused by or under a law.», on the footing that an import within regulation 5(2)(b) is so excused. That footing is this cell's reading of the provisions; no decision applying it was read. The Therapeutic Goods Administration and Office of Drug Control traveller pages (tga.gov.au, odc.gov.au) did not respond from this network on 2 October 2026 (curl timeout after 60 seconds, twice, and a second fetcher timed out), so nothing in this cell rests on them. The ABF guidance treats benzodiazepines as sedatives covered by the traveller exemption.
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
Cocaine
- Legal status
- Controlled. Cocaine is named in Schedule 8 of F2026L01327 as «COCAINE.» and the coca leaf in Schedule 9 as «COCA LEAF.». Criminal Code Regulations s15 lists the coca plant genus Erythroxylon as border controlled plant item 2 (marketable quantity 80 kg). Criminal Code Regulations 2019: a controlled drug at Schedule 1 item 67 (commercial quantity 2.0 kg, marketable 250.0 g, trafficable 2.0 g) and a border controlled drug at Schedule 2 item 43 (commercial 2.0 kg, marketable 2.0 g). Customs (Prohibited Imports) Regulations 1956 Schedule 4 item 47 («47 Cocaine, including the leaf of any plant of any species of the genus Erythroxylon from which cocaine can be extracted, either directly or by chemical transformation»). The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» Trafficking cocaine (s302.1: selling, preparing for supply, transporting, guarding or possessing with intent to sell) is s302.4, imprisonment for 10 years or 2,000 penalty units, or both. Trafficking a marketable quantity, 250.0 g or more under Schedule 1 item 67 of the Criminal Code Regulations, is s302.3, 25 years or 5,000 penalty units, or both. A commercial quantity, 2.0 kg or more, is s302.2, imprisonment for life or 7,500 penalty units, or both. Under s302.5 a person who prepares, transports, guards or possesses a trafficable quantity, 2.0 g or more, is taken to have intended to sell unless they prove they had neither that intention nor belief, a legal burden (s13.4). Manufacturing cocaine for a commercial purpose is s305.5, 10 years or 2,000 penalty units, or both (12 years or 2,400 penalty units if a child under 14 is exposed, s310.4); s305.4 for a marketable quantity, 25 years or 5,000 penalty units (28 years or 5,600 aggravated); s305.3 for a commercial quantity, imprisonment for life or 7,500 penalty units, or both. Under s305.6 manufacturing a trafficable quantity presumes the commercial purpose, rebuttably. Import and export are offences of their own in Division 307 against the border controlled drug listing (Schedule 2 item 43): s307.3, imprisonment for 10 years or 2,000 penalty units, or both, with a defence if the person proves no intention or belief that any would be sold; s307.4, which needs no commercial intent, 2 years or 400 penalty units, or both; s307.2 for a marketable quantity (2.0 g or more), 25 years or 5,000 penalty units, or both; s307.1 for a commercial quantity (2.0 kg or more), imprisonment for life or 7,500 penalty units, or both. Possessing an unlawfully imported quantity is s307.5 to s307.7 on the same thresholds, and possessing one reasonably suspected of unlawful import is s307.8 to s307.10. The Customs Act s233(5) leaves border controlled drugs to these offences rather than to the Customs Act smuggling offence. Possessing cocaine as a controlled drug is s308.1, imprisonment for 2 years or 400 penalty units, or both, and s308.1(3) lets the court deal with the offender as if the offence were the state or territory possession offence, so diversion available there is available here. Supplying any quantity to a child is s309.2, 15 years or 3,000 penalty units, or both. Part 9.1, other than the import and export offences in Division 307, does not apply to conduct justified or excused by or under a state or territory law (s313.1), which is how lawful prescribing and dispensing sit outside it. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together. Quantities are proved under s312.1 as in force on 2 October 2026, by the pure drug in a mixture. A substituted s312.1, enacted by the Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2026 (assented to 26 August 2026), Schedule 2 Part 2, will «treat the mixture as consisting wholly of the prohibited substance»; it commences on a day fixed by Proclamation or at the latest on 26 August 2027, and no Proclamation was found when this was read.
- If prescribed / medical
- Cocaine has a prescription route as a Schedule 8 controlled drug. The Reader's guide, which is not part of the instrument, describes Schedule 8 as «Substances which should be available for use but require restriction of manufacture, supply, distribution, possession and use to reduce abuse, misuse and physical or psychological dependence.» Prescribing, dispensing and the permits a prescriber may need are state and territory law. Possession under a lawful prescription is conduct justified or excused by state or territory law, so Part 9.1 outside Division 307 does not apply to it (s313.1), and Criminal Code s10.5 provides «A person is not criminally responsible for an offence if the conduct constituting the offence is justified or excused by or under a law.» Non-medical possession has no prescription route. The Narcotic Drugs Act 1967 (Compilation No. 16, compilation date 14 October 2024) also applies, because it defines drug as «any substance that is a drug for the purposes of the Convention», the Single Convention on Narcotic Drugs, 1961: it licenses the manufacture of narcotic drugs through manufacture licences and permits.
- Documentation
- Traveller rule, Commonwealth: regulation 5(2)(b) of the Customs (Prohibited Imports) Regulations 1956 lifts the import prohibition for a drug carried by a passenger on a ship or aircraft that «is required for the medical treatment of the person or of another passenger under the care of the person», «was prescribed by a medical practitioner for the purposes of that treatment» and «was supplied to the person in accordance with the prescription of the medical practitioner referred to in subparagraph (ii)». Therapeutic Goods Regulations 1990 Schedule 5 item 1 (Compilation No. 130, compilation date 8 September 2026) covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family» and limits the personal import to «not more than 3 months’ supply at the maximum dose recommended by the manufacturer» in one importation and, for goods in Schedule 4 or Schedule 8 of the current Poisons Standard, requires a written authority from a medical practitioner, or an overseas medical practitioner where the goods are carried by a passenger. The Australian Border Force traveller guidance (abf.gov.au, read 2 October 2026) asks the traveller to «carry a letter or copy of your prescription (written in English) from your doctor to certify that the medicine has been prescribed to you to treat a medical condition», to keep the medicine in its original packaging and to declare it on arrival. Anything outside that exemption needs an import licence and permission from the Office of Drug Control under regulation 5(1). Where the medicine is also a border controlled drug, Division 307 of the Criminal Code has no traveller exception of its own; the traveller relies on Criminal Code s10.5, «A person is not criminally responsible for an offence if the conduct constituting the offence is justified or excused by or under a law.», on the footing that an import within regulation 5(2)(b) is so excused. That footing is this cell's reading of the provisions; no decision applying it was read. The Therapeutic Goods Administration and Office of Drug Control traveller pages (tga.gov.au, odc.gov.au) did not respond from this network on 2 October 2026 (curl timeout after 60 seconds, twice, and a second fetcher timed out), so nothing in this cell rests on them.
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Narcotic Drugs Act 1967, Compilation No. 16 · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
Codeine
- Legal status
- Controlled medicine in two tiers. F2026L01327 places codeine in Schedule 8, «CODEINE except when included in Schedule 4.», and in Schedule 4 «CODEINE when compounded with one or more other therapeutically active substances: (a) in divided preparations containing 30 mg or less of codeine per dosage unit; or (b) in undivided preparations containing 1% or less of codeine.», so no codeine product is available without a prescription. Criminal Code Regulations 2019: a controlled drug at Schedule 1 item 68 (commercial quantity 10.0 kg, marketable 5,000.0 g, trafficable 10.0 g) and a border controlled drug at Schedule 2 item 44 (commercial 10.0 kg, marketable 10.0 g). Customs (Prohibited Imports) Regulations 1956 Schedule 4 item 48 («48 Codeine»). The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» Trafficking codeine (s302.1: selling, preparing for supply, transporting, guarding or possessing with intent to sell) is s302.4, imprisonment for 10 years or 2,000 penalty units, or both. Trafficking a marketable quantity, 5,000.0 g or more under Schedule 1 item 68 of the Criminal Code Regulations, is s302.3, 25 years or 5,000 penalty units, or both. A commercial quantity, 10.0 kg or more, is s302.2, imprisonment for life or 7,500 penalty units, or both. Under s302.5 a person who prepares, transports, guards or possesses a trafficable quantity, 10.0 g or more, is taken to have intended to sell unless they prove they had neither that intention nor belief, a legal burden (s13.4). Manufacturing codeine for a commercial purpose is s305.5, 10 years or 2,000 penalty units, or both (12 years or 2,400 penalty units if a child under 14 is exposed, s310.4); s305.4 for a marketable quantity, 25 years or 5,000 penalty units (28 years or 5,600 aggravated); s305.3 for a commercial quantity, imprisonment for life or 7,500 penalty units, or both. Under s305.6 manufacturing a trafficable quantity presumes the commercial purpose, rebuttably. Import and export are offences of their own in Division 307 against the border controlled drug listing (Schedule 2 item 44): s307.3, imprisonment for 10 years or 2,000 penalty units, or both, with a defence if the person proves no intention or belief that any would be sold; s307.4, which needs no commercial intent, 2 years or 400 penalty units, or both; s307.2 for a marketable quantity (10.0 g or more), 25 years or 5,000 penalty units, or both; s307.1 for a commercial quantity (10.0 kg or more), imprisonment for life or 7,500 penalty units, or both. Possessing an unlawfully imported quantity is s307.5 to s307.7 on the same thresholds, and possessing one reasonably suspected of unlawful import is s307.8 to s307.10. The Customs Act s233(5) leaves border controlled drugs to these offences rather than to the Customs Act smuggling offence. Possessing codeine as a controlled drug is s308.1, imprisonment for 2 years or 400 penalty units, or both, and s308.1(3) lets the court deal with the offender as if the offence were the state or territory possession offence, so diversion available there is available here. Supplying any quantity to a child is s309.2, 15 years or 3,000 penalty units, or both. Part 9.1, other than the import and export offences in Division 307, does not apply to conduct justified or excused by or under a state or territory law (s313.1), which is how lawful prescribing and dispensing sit outside it. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together. Quantities are proved under s312.1 as in force on 2 October 2026, by the pure drug in a mixture. A substituted s312.1, enacted by the Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2026 (assented to 26 August 2026), Schedule 2 Part 2, will «treat the mixture as consisting wholly of the prohibited substance»; it commences on a day fixed by Proclamation or at the latest on 26 August 2027, and no Proclamation was found when this was read.
- If prescribed / medical
- Codeine has a prescription route as a Schedule 8 controlled drug. The Reader's guide, which is not part of the instrument, describes Schedule 8 as «Substances which should be available for use but require restriction of manufacture, supply, distribution, possession and use to reduce abuse, misuse and physical or psychological dependence.» Prescribing, dispensing and the permits a prescriber may need are state and territory law. Possession under a lawful prescription is conduct justified or excused by state or territory law, so Part 9.1 outside Division 307 does not apply to it (s313.1), and Criminal Code s10.5 provides «A person is not criminally responsible for an offence if the conduct constituting the offence is justified or excused by or under a law.» Low dose combination products are Schedule 4 prescription only medicines; single ingredient and higher dose codeine is Schedule 8. The Narcotic Drugs Act 1967 (Compilation No. 16, compilation date 14 October 2024) also applies, because it defines drug as «any substance that is a drug for the purposes of the Convention», the Single Convention on Narcotic Drugs, 1961: it licenses the manufacture of narcotic drugs through manufacture licences and permits.
- Documentation
- Traveller rule, Commonwealth: regulation 5(2)(b) of the Customs (Prohibited Imports) Regulations 1956 lifts the import prohibition for a drug carried by a passenger on a ship or aircraft that «is required for the medical treatment of the person or of another passenger under the care of the person», «was prescribed by a medical practitioner for the purposes of that treatment» and «was supplied to the person in accordance with the prescription of the medical practitioner referred to in subparagraph (ii)». Therapeutic Goods Regulations 1990 Schedule 5 item 1 (Compilation No. 130, compilation date 8 September 2026) covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family» and limits the personal import to «not more than 3 months’ supply at the maximum dose recommended by the manufacturer» in one importation and, for goods in Schedule 4 or Schedule 8 of the current Poisons Standard, requires a written authority from a medical practitioner, or an overseas medical practitioner where the goods are carried by a passenger. The Australian Border Force traveller guidance (abf.gov.au, read 2 October 2026) asks the traveller to «carry a letter or copy of your prescription (written in English) from your doctor to certify that the medicine has been prescribed to you to treat a medical condition», to keep the medicine in its original packaging and to declare it on arrival. Anything outside that exemption needs an import licence and permission from the Office of Drug Control under regulation 5(1). Where the medicine is also a border controlled drug, Division 307 of the Criminal Code has no traveller exception of its own; the traveller relies on Criminal Code s10.5, «A person is not criminally responsible for an offence if the conduct constituting the offence is justified or excused by or under a law.», on the footing that an import within regulation 5(2)(b) is so excused. That footing is this cell's reading of the provisions; no decision applying it was read. The Therapeutic Goods Administration and Office of Drug Control traveller pages (tga.gov.au, odc.gov.au) did not respond from this network on 2 October 2026 (curl timeout after 60 seconds, twice, and a second fetcher timed out), so nothing in this cell rests on them.
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Narcotic Drugs Act 1967, Compilation No. 16 · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
Crack Cocaine
- Legal status
- Controlled as cocaine. Crack is cocaine free base, and no Commonwealth instrument read names it separately. In F2026L01327 the entry «COCAINE.» in Schedule 8 covers it, because s7(c) makes a reference to a substance include «every salt, active principle or derivative of the substance»; the base and its salts are the same substance for scheduling. Criminal Code Regulations 2019: a controlled drug at Schedule 1 item 67 (commercial quantity 2.0 kg, marketable 250.0 g, trafficable 2.0 g) and a border controlled drug at Schedule 2 item 43 (commercial 2.0 kg, marketable 2.0 g). Customs (Prohibited Imports) Regulations 1956 Schedule 4 item 47 («47 Cocaine, including the leaf of any plant of any species of the genus Erythroxylon from which cocaine can be extracted, either directly or by chemical transformation»). The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» Trafficking crack cocaine (s302.1: selling, preparing for supply, transporting, guarding or possessing with intent to sell) is s302.4, imprisonment for 10 years or 2,000 penalty units, or both. Trafficking a marketable quantity, 250.0 g or more under Schedule 1 item 67 of the Criminal Code Regulations, is s302.3, 25 years or 5,000 penalty units, or both. A commercial quantity, 2.0 kg or more, is s302.2, imprisonment for life or 7,500 penalty units, or both. Under s302.5 a person who prepares, transports, guards or possesses a trafficable quantity, 2.0 g or more, is taken to have intended to sell unless they prove they had neither that intention nor belief, a legal burden (s13.4). Manufacturing crack cocaine for a commercial purpose is s305.5, 10 years or 2,000 penalty units, or both (12 years or 2,400 penalty units if a child under 14 is exposed, s310.4); s305.4 for a marketable quantity, 25 years or 5,000 penalty units (28 years or 5,600 aggravated); s305.3 for a commercial quantity, imprisonment for life or 7,500 penalty units, or both. Under s305.6 manufacturing a trafficable quantity presumes the commercial purpose, rebuttably. Import and export are offences of their own in Division 307 against the border controlled drug listing (Schedule 2 item 43): s307.3, imprisonment for 10 years or 2,000 penalty units, or both, with a defence if the person proves no intention or belief that any would be sold; s307.4, which needs no commercial intent, 2 years or 400 penalty units, or both; s307.2 for a marketable quantity (2.0 g or more), 25 years or 5,000 penalty units, or both; s307.1 for a commercial quantity (2.0 kg or more), imprisonment for life or 7,500 penalty units, or both. Possessing an unlawfully imported quantity is s307.5 to s307.7 on the same thresholds, and possessing one reasonably suspected of unlawful import is s307.8 to s307.10. The Customs Act s233(5) leaves border controlled drugs to these offences rather than to the Customs Act smuggling offence. Possessing crack cocaine as a controlled drug is s308.1, imprisonment for 2 years or 400 penalty units, or both, and s308.1(3) lets the court deal with the offender as if the offence were the state or territory possession offence, so diversion available there is available here. Supplying any quantity to a child is s309.2, 15 years or 3,000 penalty units, or both. Part 9.1, other than the import and export offences in Division 307, does not apply to conduct justified or excused by or under a state or territory law (s313.1), which is how lawful prescribing and dispensing sit outside it. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together. Quantities are proved under s312.1 as in force on 2 October 2026, by the pure drug in a mixture. A substituted s312.1, enacted by the Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2026 (assented to 26 August 2026), Schedule 2 Part 2, will «treat the mixture as consisting wholly of the prohibited substance»; it commences on a day fixed by Proclamation or at the latest on 26 August 2027, and no Proclamation was found when this was read. Converting cocaine hydrochloride to base is itself manufacture: s305.1 includes «the process of transforming a substance into a different substance» and any process «by which a substance is converted from one form to another».
- If prescribed / medical
- No prescription route for crack: cocaine's prescription route is its Schedule 8 entry, and nothing read for this cell recognises a medical use of smokable base. The Reader's guide, which is not part of the instrument, describes Schedule 8 as «Substances which should be available for use but require restriction of manufacture, supply, distribution, possession and use to reduce abuse, misuse and physical or psychological dependence.» The Narcotic Drugs Act 1967 (Compilation No. 16, compilation date 14 October 2024) also applies, because it defines drug as «any substance that is a drug for the purposes of the Convention», the Single Convention on Narcotic Drugs, 1961: it licenses the manufacture of narcotic drugs through manufacture licences and permits.
- Documentation
- No traveller exemption is shown for smokable cocaine base. The Australian Border Force traveller guidance (abf.gov.au, read 2 October 2026) covers «Prescription medicines such as morphine, oxycodone, methadone, methylphenidate, Adderall®, and benzodiazepines» and nothing read for this cell treats a foreign prescription for smokable cocaine base as lawful authority for an import that Division 307 otherwise punishes. An import needs an Office of Drug Control licence and permission under regulation 5(1) of the Customs (Prohibited Imports) Regulations 1956, and regulation 5(10) lets permission be granted only where, in the cases that apply to a private person, the drug «is required by the applicant for medical or scientific purposes». The personal importation rule in Therapeutic Goods Regulations 1990 Schedule 5 item 1, which covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family», does not help where the substance is a prohibited import, because it applies only where «the goods do not contain a substance the importation of which is prohibited under the Customs Act 1901».
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Narcotic Drugs Act 1967, Compilation No. 16 · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
Delta-8-THC
- Legal status
- Prohibited. Delta-8-tetrahydrocannabinol is an isomer of delta-9-THC, differing only in the position of one ring double bond, so it is one of the tetrahydrocannabinols named in Schedule 9 of F2026L01327: «TETRAHYDROCANNABINOLS and their alkyl homologues, except: (a) when included in Schedule 4 or Schedule 8; or (b) processed hemp fibre containing 0.1% or less of tetrahydrocannabinols, and hemp fibre products manufactured from such fibre; or (c) in hemp seed oil at a concentration of 10 mg/kg or less.» It is not within the Schedule 8 dronabinol entry, which names «DRONABINOL (delta-9-tetrahydrocannabinol)». Criminal Code Regulations 2019: a controlled drug at Schedule 1 item 238 (commercial quantity 5.0 kg, marketable 1,000.0 g, trafficable 2.0 g) and a border controlled drug at Schedule 2 item 198 (commercial 5.0 kg, marketable 2.0 g). Customs (Prohibited Imports) Regulations 1956 Schedule 4 item 223 («223 Tetrahydrocannabinols, including all alkyl homologues of tetrahydrocannabinols»). Delta-8 products derived from hemp cannabidiol are therefore not a lawful hemp product under any Commonwealth instrument read. The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» Trafficking delta-8-THC (s302.1: selling, preparing for supply, transporting, guarding or possessing with intent to sell) is s302.4, imprisonment for 10 years or 2,000 penalty units, or both. Trafficking a marketable quantity, 1,000.0 g or more under Schedule 1 item 238 of the Criminal Code Regulations, is s302.3, 25 years or 5,000 penalty units, or both. A commercial quantity, 5.0 kg or more, is s302.2, imprisonment for life or 7,500 penalty units, or both. Under s302.5 a person who prepares, transports, guards or possesses a trafficable quantity, 2.0 g or more, is taken to have intended to sell unless they prove they had neither that intention nor belief, a legal burden (s13.4). Manufacturing delta-8-THC for a commercial purpose is s305.5, 10 years or 2,000 penalty units, or both (12 years or 2,400 penalty units if a child under 14 is exposed, s310.4); s305.4 for a marketable quantity, 25 years or 5,000 penalty units (28 years or 5,600 aggravated); s305.3 for a commercial quantity, imprisonment for life or 7,500 penalty units, or both. Under s305.6 manufacturing a trafficable quantity presumes the commercial purpose, rebuttably. Import and export are offences of their own in Division 307 against the border controlled drug listing (Schedule 2 item 198): s307.3, imprisonment for 10 years or 2,000 penalty units, or both, with a defence if the person proves no intention or belief that any would be sold; s307.4, which needs no commercial intent, 2 years or 400 penalty units, or both; s307.2 for a marketable quantity (2.0 g or more), 25 years or 5,000 penalty units, or both; s307.1 for a commercial quantity (5.0 kg or more), imprisonment for life or 7,500 penalty units, or both. Possessing an unlawfully imported quantity is s307.5 to s307.7 on the same thresholds, and possessing one reasonably suspected of unlawful import is s307.8 to s307.10. The Customs Act s233(5) leaves border controlled drugs to these offences rather than to the Customs Act smuggling offence. Possessing delta-8-THC as a controlled drug is s308.1, imprisonment for 2 years or 400 penalty units, or both, and s308.1(3) lets the court deal with the offender as if the offence were the state or territory possession offence, so diversion available there is available here. Supplying any quantity to a child is s309.2, 15 years or 3,000 penalty units, or both. Part 9.1, other than the import and export offences in Division 307, does not apply to conduct justified or excused by or under a state or territory law (s313.1), which is how lawful prescribing and dispensing sit outside it. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together. Quantities are proved under s312.1 as in force on 2 October 2026, by the pure drug in a mixture. A substituted s312.1, enacted by the Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2026 (assented to 26 August 2026), Schedule 2 Part 2, will «treat the mixture as consisting wholly of the prohibited substance»; it commences on a day fixed by Proclamation or at the latest on 26 August 2027, and no Proclamation was found when this was read.
- If prescribed / medical
- No prescription route: Delta-8-THC sits in Schedule 9 of F2026L01327. The Reader's guide, which is not part of the instrument, describes Schedule 9 as «Substances which may be abused or misused, the manufacture, possession, supply or use of which should be prohibited by law except when required for medical or scientific research, or for analytical, teaching or training purposes with approval of Commonwealth and/or State or Territory Health Authorities.» Outside an approved clinical trial or research, there is no lawful medical supply in Australia on anything read for this cell, and a foreign prescription does not change the Commonwealth position. Schedule 8 reaches tetrahydrocannabinols only «when extracted from cannabis for human therapeutic use» under the Narcotic Drugs Act or Therapeutic Goods Act; a delta-8 vape or edible meets neither.
- Documentation
- No traveller exemption is shown for a Schedule 9 substance. The Australian Border Force traveller guidance (abf.gov.au, read 2 October 2026) covers «Prescription medicines such as morphine, oxycodone, methadone, methylphenidate, Adderall®, and benzodiazepines» and nothing read for this cell treats a foreign prescription for a Schedule 9 substance as lawful authority for an import that Division 307 otherwise punishes. An import needs an Office of Drug Control licence and permission under regulation 5(1) of the Customs (Prohibited Imports) Regulations 1956, and regulation 5(10) lets permission be granted only where, in the cases that apply to a private person, the drug «is required by the applicant for medical or scientific purposes». The personal importation rule in Therapeutic Goods Regulations 1990 Schedule 5 item 1, which covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family», does not help where the substance is a prohibited import, because it applies only where «the goods do not contain a substance the importation of which is prohibited under the Customs Act 1901».
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
Diazepam
- Legal status
- Prescription only medicine and prohibited import; not a Criminal Code drug. F2026L01327 names diazepam in Schedule 4, «# DIAZEPAM.», the # marking an Appendix D control, and Appendix D clause 5 lists «BENZODIAZEPINE DERIVATIVES, including those separately specified in Schedule 4 and Schedule 8» among poisons that «must not be possessed by a person without authority». The Customs (Prohibited Imports) Regulations 1956 name it, «56 Diazepam». Diazepam is 7-chloro-1-methyl-5-phenyl-1,3-dihydro-2H-1,4-benzodiazepin-2-one. It is not listed in Schedule 1 or Schedule 2 of the Criminal Code Regulations 2019 (Compilation No. 6). Nearest listed drug: bromazolam (Schedule 1 item 36A, Schedule 2 item 31A), the one benzodiazepine the Regulations list. Limb (a) of s301.9(1) does not reach it because it is not a stereoisomer, a structural isomer or an alkaloid of bromazolam; its molecular formula differs; limb (c) does not, because reaching it from bromazolam would remove the whole fused triazole ring with its methyl group and add a ring carbonyl and an N-methyl group and swap bromine for chlorine, and removing a ring is none of the s301.9(1)(c) modifications; and on the method stated next limb (d) does not, because removing a whole ring puts it outside s301.9 on that method, whatever view is taken of the remaining changes. The method used for every row is a reading, not a rule the Act states: a modification that limb (a) or limb (c) plainly describes is treated as making a drug analogue; one contestable modification (a swap within one paragraph of s301.9(2), or a core ring replaced), a single limb (d) change from the listed drug, or an express exclusion or different listing in the Regulations is treated as making the exposure conditional; anything more, including adding or removing a ring, is treated as outside s301.9. Because s301.9(1)(c) allows a modification «obtained in one or more of the following ways», the tier this gives can depend on how a change is described, and nothing read settles which description governs. No court decision applying s301.9 to diazepam was read, so this is a reading of the text. The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» No Commonwealth offence reaches possession, sale, supply, manufacture or use of diazepam inside Australia; those are state and territory poisons offences built on its Poisons Standard placement. At the border it is a prohibited import under regulation 5 of the Customs (Prohibited Imports) Regulations 1956, which names diazepam at Schedule 4 item 56. Importing it without a licence and permission, or outside the traveller exemption, contravenes Customs Act 1901 s233(1)(b), and having unlawfully imported goods in possession contravenes s233(1)(d); both are strict liability (s233(1AB)) and are punishable under s233AB(2) by a fine only, not exceeding 3 times the value of the goods or 1,000 penalty units ($364,000), whichever is greater. Customs Act s233(5) takes narcotic goods, meaning border controlled drugs and plants, out of s233, which is why Division 307 and not s233 governs a border controlled drug. Part 9.2 does not apply, because s320.2(2)(k) excludes a prohibited import. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together.
- If prescribed / medical
- Diazepam is a Schedule 4 prescription only medicine. The Reader's guide, which is not part of the instrument, describes Schedule 4 as «Substances, the use or supply of which should be by or on the order of persons permitted by State or Territory legislation to prescribe and should be available from a pharmacist on prescription.» Appendix D clause 5 of F2026L01327 lists «BENZODIAZEPINE DERIVATIVES, including those separately specified in Schedule 4 and Schedule 8» among the poisons that «must not be possessed by a person without authority (for example, possession other than in accordance with a legal prescription)», so possession without a prescription is meant to be an offence once each state and territory adopts it. Possession under a lawful prescription is lawful under state and territory law; no Commonwealth offence is engaged.
- Documentation
- Traveller rule, Commonwealth: regulation 5(2)(b) of the Customs (Prohibited Imports) Regulations 1956 lifts the import prohibition for a drug carried by a passenger on a ship or aircraft that «is required for the medical treatment of the person or of another passenger under the care of the person», «was prescribed by a medical practitioner for the purposes of that treatment» and «was supplied to the person in accordance with the prescription of the medical practitioner referred to in subparagraph (ii)». Therapeutic Goods Regulations 1990 Schedule 5 item 1 (Compilation No. 130, compilation date 8 September 2026) covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family» and limits the personal import to «not more than 3 months’ supply at the maximum dose recommended by the manufacturer» in one importation and, for goods in Schedule 4 or Schedule 8 of the current Poisons Standard, requires a written authority from a medical practitioner, or an overseas medical practitioner where the goods are carried by a passenger. The Australian Border Force traveller guidance (abf.gov.au, read 2 October 2026) asks the traveller to «carry a letter or copy of your prescription (written in English) from your doctor to certify that the medicine has been prescribed to you to treat a medical condition», to keep the medicine in its original packaging and to declare it on arrival. Anything outside that exemption needs an import licence and permission from the Office of Drug Control under regulation 5(1). Where the medicine is also a border controlled drug, Division 307 of the Criminal Code has no traveller exception of its own; the traveller relies on Criminal Code s10.5, «A person is not criminally responsible for an offence if the conduct constituting the offence is justified or excused by or under a law.», on the footing that an import within regulation 5(2)(b) is so excused. That footing is this cell's reading of the provisions; no decision applying it was read. The Therapeutic Goods Administration and Office of Drug Control traveller pages (tga.gov.au, odc.gov.au) did not respond from this network on 2 October 2026 (curl timeout after 60 seconds, twice, and a second fetcher timed out), so nothing in this cell rests on them. The ABF guidance names diazepam expressly where it lists sedatives: «Sedatives include prescription medicines from the benzodiazepines group (eg diazepam, lorazepam).»
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
DMT
- Legal status
- Prohibited. DMT is named in Schedule 9 of F2026L01327 as «N,N-DIMETHYLTRYPTAMINE *(DMT).», and plant material or brews containing it are reached through s7(a) and (g) as a substance prepared from natural sources or an admixture containing any proportion of it. Criminal Code Regulations 2019: a controlled drug at Schedule 1 item 98 (commercial quantity 2.0 kg, marketable 250.0 g, trafficable 2.0 g) and a border controlled drug at Schedule 2 item 76 (commercial 2.0 kg, marketable 2.0 g). Customs (Prohibited Imports) Regulations 1956 Schedule 4 item 70 («70 N,N-dimethyltryptamine»). The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» Trafficking DMT (s302.1: selling, preparing for supply, transporting, guarding or possessing with intent to sell) is s302.4, imprisonment for 10 years or 2,000 penalty units, or both. Trafficking a marketable quantity, 250.0 g or more under Schedule 1 item 98 of the Criminal Code Regulations, is s302.3, 25 years or 5,000 penalty units, or both. A commercial quantity, 2.0 kg or more, is s302.2, imprisonment for life or 7,500 penalty units, or both. Under s302.5 a person who prepares, transports, guards or possesses a trafficable quantity, 2.0 g or more, is taken to have intended to sell unless they prove they had neither that intention nor belief, a legal burden (s13.4). Manufacturing DMT for a commercial purpose is s305.5, 10 years or 2,000 penalty units, or both (12 years or 2,400 penalty units if a child under 14 is exposed, s310.4); s305.4 for a marketable quantity, 25 years or 5,000 penalty units (28 years or 5,600 aggravated); s305.3 for a commercial quantity, imprisonment for life or 7,500 penalty units, or both. Under s305.6 manufacturing a trafficable quantity presumes the commercial purpose, rebuttably. Import and export are offences of their own in Division 307 against the border controlled drug listing (Schedule 2 item 76): s307.3, imprisonment for 10 years or 2,000 penalty units, or both, with a defence if the person proves no intention or belief that any would be sold; s307.4, which needs no commercial intent, 2 years or 400 penalty units, or both; s307.2 for a marketable quantity (2.0 g or more), 25 years or 5,000 penalty units, or both; s307.1 for a commercial quantity (2.0 kg or more), imprisonment for life or 7,500 penalty units, or both. Possessing an unlawfully imported quantity is s307.5 to s307.7 on the same thresholds, and possessing one reasonably suspected of unlawful import is s307.8 to s307.10. The Customs Act s233(5) leaves border controlled drugs to these offences rather than to the Customs Act smuggling offence. Possessing DMT as a controlled drug is s308.1, imprisonment for 2 years or 400 penalty units, or both, and s308.1(3) lets the court deal with the offender as if the offence were the state or territory possession offence, so diversion available there is available here. Supplying any quantity to a child is s309.2, 15 years or 3,000 penalty units, or both. Part 9.1, other than the import and export offences in Division 307, does not apply to conduct justified or excused by or under a state or territory law (s313.1), which is how lawful prescribing and dispensing sit outside it. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together. Quantities are proved under s312.1 as in force on 2 October 2026, by the pure drug in a mixture. A substituted s312.1, enacted by the Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2026 (assented to 26 August 2026), Schedule 2 Part 2, will «treat the mixture as consisting wholly of the prohibited substance»; it commences on a day fixed by Proclamation or at the latest on 26 August 2027, and no Proclamation was found when this was read.
- If prescribed / medical
- No prescription route: DMT sits in Schedule 9 of F2026L01327. The Reader's guide, which is not part of the instrument, describes Schedule 9 as «Substances which may be abused or misused, the manufacture, possession, supply or use of which should be prohibited by law except when required for medical or scientific research, or for analytical, teaching or training purposes with approval of Commonwealth and/or State or Territory Health Authorities.» Outside an approved clinical trial or research, there is no lawful medical supply in Australia on anything read for this cell, and a foreign prescription does not change the Commonwealth position.
- Documentation
- No traveller exemption is shown for a Schedule 9 substance. The Australian Border Force traveller guidance (abf.gov.au, read 2 October 2026) covers «Prescription medicines such as morphine, oxycodone, methadone, methylphenidate, Adderall®, and benzodiazepines» and nothing read for this cell treats a foreign prescription for a Schedule 9 substance as lawful authority for an import that Division 307 otherwise punishes. An import needs an Office of Drug Control licence and permission under regulation 5(1) of the Customs (Prohibited Imports) Regulations 1956, and regulation 5(10) lets permission be granted only where, in the cases that apply to a private person, the drug «is required by the applicant for medical or scientific purposes». The personal importation rule in Therapeutic Goods Regulations 1990 Schedule 5 item 1, which covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family», does not help where the substance is a prohibited import, because it applies only where «the goods do not contain a substance the importation of which is prohibited under the Customs Act 1901».
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
DOM
- Legal status
- Prohibited. DOM (STP) is named in Schedule 9 of F2026L01327 as «2-AMINO-1-(2,5-DIMETHOXY-4-METHYL)PHENYLPROPANE *(STP or DOM).». Criminal Code Regulations 2019: a controlled drug at Schedule 1 item 87 (commercial quantity 0.75 kg, marketable 250 g, trafficable 0.75 g) and a border controlled drug at Schedule 2 item 67 (commercial 0.75 kg, marketable 2.0 g). Customs (Prohibited Imports) Regulations 1956 Schedule 4 item 67 («67 2,5-dimethoxy-4-methylamphetamine»). The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» Trafficking DOM (s302.1: selling, preparing for supply, transporting, guarding or possessing with intent to sell) is s302.4, imprisonment for 10 years or 2,000 penalty units, or both. Trafficking a marketable quantity, 250 g or more under Schedule 1 item 87 of the Criminal Code Regulations, is s302.3, 25 years or 5,000 penalty units, or both. A commercial quantity, 0.75 kg or more, is s302.2, imprisonment for life or 7,500 penalty units, or both. Under s302.5 a person who prepares, transports, guards or possesses a trafficable quantity, 0.75 g or more, is taken to have intended to sell unless they prove they had neither that intention nor belief, a legal burden (s13.4). Manufacturing DOM for a commercial purpose is s305.5, 10 years or 2,000 penalty units, or both (12 years or 2,400 penalty units if a child under 14 is exposed, s310.4); s305.4 for a marketable quantity, 25 years or 5,000 penalty units (28 years or 5,600 aggravated); s305.3 for a commercial quantity, imprisonment for life or 7,500 penalty units, or both. Under s305.6 manufacturing a trafficable quantity presumes the commercial purpose, rebuttably. Import and export are offences of their own in Division 307 against the border controlled drug listing (Schedule 2 item 67): s307.3, imprisonment for 10 years or 2,000 penalty units, or both, with a defence if the person proves no intention or belief that any would be sold; s307.4, which needs no commercial intent, 2 years or 400 penalty units, or both; s307.2 for a marketable quantity (2.0 g or more), 25 years or 5,000 penalty units, or both; s307.1 for a commercial quantity (0.75 kg or more), imprisonment for life or 7,500 penalty units, or both. Possessing an unlawfully imported quantity is s307.5 to s307.7 on the same thresholds, and possessing one reasonably suspected of unlawful import is s307.8 to s307.10. The Customs Act s233(5) leaves border controlled drugs to these offences rather than to the Customs Act smuggling offence. Possessing DOM as a controlled drug is s308.1, imprisonment for 2 years or 400 penalty units, or both, and s308.1(3) lets the court deal with the offender as if the offence were the state or territory possession offence, so diversion available there is available here. Supplying any quantity to a child is s309.2, 15 years or 3,000 penalty units, or both. Part 9.1, other than the import and export offences in Division 307, does not apply to conduct justified or excused by or under a state or territory law (s313.1), which is how lawful prescribing and dispensing sit outside it. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together. Quantities are proved under s312.1 as in force on 2 October 2026, by the pure drug in a mixture. A substituted s312.1, enacted by the Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2026 (assented to 26 August 2026), Schedule 2 Part 2, will «treat the mixture as consisting wholly of the prohibited substance»; it commences on a day fixed by Proclamation or at the latest on 26 August 2027, and no Proclamation was found when this was read. Schedule 1 prints DOM's marketable quantity as «250» without a decimal place.
- If prescribed / medical
- No prescription route: DOM sits in Schedule 9 of F2026L01327. The Reader's guide, which is not part of the instrument, describes Schedule 9 as «Substances which may be abused or misused, the manufacture, possession, supply or use of which should be prohibited by law except when required for medical or scientific research, or for analytical, teaching or training purposes with approval of Commonwealth and/or State or Territory Health Authorities.» Outside an approved clinical trial or research, there is no lawful medical supply in Australia on anything read for this cell, and a foreign prescription does not change the Commonwealth position.
- Documentation
- No traveller exemption is shown for a Schedule 9 substance. The Australian Border Force traveller guidance (abf.gov.au, read 2 October 2026) covers «Prescription medicines such as morphine, oxycodone, methadone, methylphenidate, Adderall®, and benzodiazepines» and nothing read for this cell treats a foreign prescription for a Schedule 9 substance as lawful authority for an import that Division 307 otherwise punishes. An import needs an Office of Drug Control licence and permission under regulation 5(1) of the Customs (Prohibited Imports) Regulations 1956, and regulation 5(10) lets permission be granted only where, in the cases that apply to a private person, the drug «is required by the applicant for medical or scientific purposes». The personal importation rule in Therapeutic Goods Regulations 1990 Schedule 5 item 1, which covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family», does not help where the substance is a prohibited import, because it applies only where «the goods do not contain a substance the importation of which is prohibited under the Customs Act 1901».
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
DXM
- Legal status
- Pharmacy medicine at low dose, prescription only above it; its Commonwealth criminal drug status is conditional. F2026L01327 places dextromethorphan in Schedule 2 «when supplied in a pack containing 600 mg or less of dextromethorphan and with a recommended daily dose of 120 mg or less of dextromethorphan», and otherwise in Schedule 4: «DEXTROMETHORPHAN (excluding its stereoisomers) except when included in Schedule 2.» The Criminal Code Regulations 2019 list «Methorphan, but not including dextromethorphan» at Schedule 1 item 160 and Schedule 2 item 124, and the Customs (Prohibited Imports) Regulations 1956 list «139 Methorphan, but not including dextromethorphan», so neither item lists it. The same Regulations list its mirror image without any exclusion: «148 Levomethorphan» at Schedule 1 item 148 (commercial 2.0 kg, marketable 250.0 g, trafficable 2.0 g) and Schedule 2 item 112 (2.0 kg, 2.0 g). Criminal Code s301.9(1)(a) makes a primary drug analogue of a listed drug «(i) a stereoisomer», and dextromethorphan is the stereoisomer of levomethorphan. s301.9(3) takes out of the analogue definition only «a substance that is itself a listed controlled drug» (and, for border controlled drugs, one that is itself a listed border controlled drug), which dextromethorphan is not, because items 160 and 124 exclude it. On the words, therefore, the stereoisomer route makes it a drug analogue of levomethorphan, and the express exclusion in item 160 does not by itself displace that route. Against it, the exclusion shows the Regulations meant dextromethorphan to stay outside Part 9.1, and a court may decline to read limb (a) so as to restore what the listing leaves out; the Regulations repeat the pattern for dextrorphan, its metabolite, which items 150 and 197 exclude («Levorphanol, but not including dextrorphan» and «Morphan, but not including dextrorphan») although it is the stereoisomer of levorphanol. The Prohibited Imports Regulations raise the same question at the border: they list «117 Levomethorphan but not including dextromethorphan» and methorphan with the same exclusion, but also «216 Racemethorphan», the racemic mixture of which dextromethorphan is one half, with no exclusion, and regulation 5(20) makes a drug include «an isomer or a mixture of isomers of a chemical or compound referred to in paragraph (a)». On the words dextromethorphan is an isomer of a listed chemical, so whether it is a prohibited import is conditional on the same question. The method used for every row is a reading, not a rule the Act states: a modification that limb (a) or limb (c) plainly describes is treated as making a drug analogue; one contestable modification (a swap within one paragraph of s301.9(2), or a core ring replaced), a single limb (d) change from the listed drug, or an express exclusion or different listing in the Regulations is treated as making the exposure conditional; anything more, including adding or removing a ring, is treated as outside s301.9. Because s301.9(1)(c) allows a modification «obtained in one or more of the following ways», the tier this gives can depend on how a change is described, and nothing read settles which description governs. On that method the Criminal Code exposure is conditional. No court decision or prosecution applying s301.9 to dextromethorphan was read for this cell. The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» Two readings, stated in turn. If the express exclusion governs, no Commonwealth criminal offence reaches possession, sale, supply, manufacture or use of dextromethorphan, and a registered or listed dextromethorphan medicine is outside Part 9.2 by s320.2(2)(c). If the stereoisomer reading holds, dextromethorphan is a controlled drug and border controlled drug at levomethorphan's quantities: Trafficking dextromethorphan (s302.1: selling, preparing for supply, transporting, guarding or possessing with intent to sell) is s302.4, imprisonment for 10 years or 2,000 penalty units, or both. Trafficking a marketable quantity, 250.0 g or more under Schedule 1 item 148 of the Criminal Code Regulations, is s302.3, 25 years or 5,000 penalty units, or both. A commercial quantity, 2.0 kg or more, is s302.2, imprisonment for life or 7,500 penalty units, or both. Under s302.5 a person who prepares, transports, guards or possesses a trafficable quantity, 2.0 g or more, is taken to have intended to sell unless they prove they had neither that intention nor belief, a legal burden (s13.4). Manufacturing dextromethorphan for a commercial purpose is s305.5, 10 years or 2,000 penalty units, or both (12 years or 2,400 penalty units if a child under 14 is exposed, s310.4); s305.4 for a marketable quantity, 25 years or 5,000 penalty units (28 years or 5,600 aggravated); s305.3 for a commercial quantity, imprisonment for life or 7,500 penalty units, or both. Under s305.6 manufacturing a trafficable quantity presumes the commercial purpose, rebuttably. Import and export are offences of their own in Division 307 against the border controlled drug listing (Schedule 2 item 112), by s301.4(1)(b) as a stereoisomer of levomethorphan, if that reading holds: s307.3, imprisonment for 10 years or 2,000 penalty units, or both, with a defence if the person proves no intention or belief that any would be sold; s307.4, which needs no commercial intent, 2 years or 400 penalty units, or both; s307.2 for a marketable quantity (2.0 g or more), 25 years or 5,000 penalty units, or both; s307.1 for a commercial quantity (2.0 kg or more), imprisonment for life or 7,500 penalty units, or both. Possessing an unlawfully imported quantity is s307.5 to s307.7 on the same thresholds, and possessing one reasonably suspected of unlawful import is s307.8 to s307.10. The Customs Act s233(5) leaves border controlled drugs to these offences rather than to the Customs Act smuggling offence. Possessing dextromethorphan as a controlled drug is s308.1, imprisonment for 2 years or 400 penalty units, or both, and s308.1(3) lets the court deal with the offender as if the offence were the state or territory possession offence, so diversion available there is available here. Supplying any quantity to a child is s309.2, 15 years or 3,000 penalty units, or both. If the Prohibited Imports Regulations reach it as an isomer of racemethorphan, an import outside a licence and permission or the traveller exemption in regulation 5(2)(b) is a prohibited import, punishable under Customs Act s233AB(2) by a fine only where s233 applies. On the stereoisomer reading the medicine routes still apply: pharmacy sale and prescribed possession are conduct justified under state and territory poisons law, outside Part 9.1 other than Division 307 by s313.1, and a traveller's import within the personal import rules rests on Criminal Code s10.5, «A person is not criminally responsible for an offence if the conduct constituting the offence is justified or excused by or under a law.» There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together. Quantities are proved under s312.1 as in force on 2 October 2026, by the pure drug in a mixture. A substituted s312.1, enacted by the Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2026 (assented to 26 August 2026), Schedule 2 Part 2, will «treat the mixture as consisting wholly of the prohibited substance»; it commences on a day fixed by Proclamation or at the latest on 26 August 2027, and no Proclamation was found when this was read.
- If prescribed / medical
- Packs within the Schedule 2 limits are pharmacy medicines sold without prescription; larger packs or doses are Schedule 4. The Reader's guide, which is not part of the instrument, describes Schedule 4 as «Substances, the use or supply of which should be by or on the order of persons permitted by State or Territory legislation to prescribe and should be available from a pharmacist on prescription.» Lawful supply and possession on either footing are state and territory matters, and on the stereoisomer reading s313.1 keeps them outside Part 9.1 other than Division 307.
- Documentation
- Whether its import is prohibited by the Customs (Prohibited Imports) Regulations is conditional, as the legal status explains. If it is not, personal import follows the rule in Therapeutic Goods Regulations 1990 Schedule 5 item 1 (Compilation No. 130), which covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family», limited to «not more than 3 months’ supply at the maximum dose recommended by the manufacturer» in one importation. If it is, a passenger may still carry prescribed dextromethorphan under the regulation 5(2)(b) exemption, which needs a drug that «is required for the medical treatment of the person or of another passenger under the care of the person» and «was prescribed by a medical practitioner for the purposes of that treatment», and a non-prescription pharmacy pack falls outside that exemption. The Therapeutic Goods Administration and Office of Drug Control traveller pages (tga.gov.au, odc.gov.au) did not respond from this network on 2 October 2026 (curl timeout after 60 seconds, twice, and a second fetcher timed out), so nothing in this cell rests on them.
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
Ephedrine
- Legal status
- Controlled as a methamphetamine precursor, a prescription only medicine and a tier 1 prohibited import; its status as a controlled drug by the analogue route is conditional. F2026L01327 names it in Schedule 4, «# EPHEDRINE.», and Appendix D clause 5 lists «EPHEDRINE» among poisons that «must not be possessed by a person without authority». The Criminal Code Regulations 2019 list ephedrine as a controlled precursor, s13 item 1 (commercial quantity 1.2 kg, marketable 400.0 g), and as a border controlled precursor, s16(1) item 3 (1.2 kg, 3.2 g); s301.3 and s301.6 extend those listings to salts and esters. The Customs (Prohibited Imports) Regulations 1956 name «76 Ephedrine». The Customs Regulation 2015 (Compilation No. 38, compilation date 1 July 2026) makes it tier 1 goods for Customs Act s233BAA, «4 Ephedrine» in the Schedule 7 Part 1 clause 1 table, with a critical quantity of 25g in the clause 2 table («2 Ephedrine 25g»), and s233BAA(3) provides that the drug «does not constitute tier 1 goods unless it is of a quantity that exceeds the critical quantity». Part 9.1 states its purpose as giving effect to the 1988 Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (s300.1), the treaty that controls precursors such as ephedrine. Ephedrine is also, on the text, a drug analogue of three listed controlled drugs, which makes its drug status conditional rather than settled. It is methcathinone (Schedule 1 item 159) with its ketone reduced to an alcohol, which is s301.9(1)(c)(ii), «(ii) by the addition of hydrogen atoms to one or more unsaturated bonds»; it is methamphetamine (Schedule 1 item 157) with a hydrogen atom on the benzylic carbon replaced by a hydroxy group, a swap between s301.9(2)(d) «hydrogen atoms» and (2)(c) «hydroxy»; and it is p-hydroxyephedrine (Schedule 1 item 133) without the ring hydroxy group. s301.9(3) excludes from the analogue definition only «a substance that is itself a listed controlled drug», and ephedrine is listed as a precursor, not as a drug, so the exclusion does not apply in terms; but the Regulations' choice to list it as a precursor at much larger quantities is the counter-signal that makes the analogue reading contestable. The method used for every row is a reading, not a rule the Act states: a modification that limb (a) or limb (c) plainly describes is treated as making a drug analogue; one contestable modification (a swap within one paragraph of s301.9(2), or a core ring replaced), a single limb (d) change from the listed drug, or an express exclusion or different listing in the Regulations is treated as making the exposure conditional; anything more, including adding or removing a ring, is treated as outside s301.9. Because s301.9(1)(c) allows a modification «obtained in one or more of the following ways», the tier this gives can depend on how a change is described, and nothing read settles which description governs. If the analogue reading held, s301.10 to s301.12 table item 2(b) would apply the smallest quantities of the three listed drugs, commercial 0.75 kg, marketable 250.0 g and trafficable 2.0 g, and at the border methamphetamine's and methcathinone's (Schedule 2 items 121 and 123), 0.75 kg and 2.0 g. No court decision applying s301.9 to ephedrine was read for this cell. The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» On the settled reading ephedrine carries the precursor offences. Possessing it intending to manufacture a controlled drug is s308.2, 2 years or 400 penalty units, or both, and under s308.2(3) unauthorised possession presumes that intention unless the person proves otherwise. Pre-trafficking (selling or making it for drug manufacture) is s306.4, 7 years or 1,400 penalty units, or both; s306.3 for a marketable quantity (400.0 g), 15 years or 3,000 penalty units; s306.2 for a commercial quantity (1.2 kg), 25 years or 5,000 penalty units, with higher aggravated bands where a child under 14 is exposed. Importing or exporting it is s307.13, 7 years or 1,400 penalty units, or both; s307.12 at the border marketable quantity (3.2 g), 15 years or 3,000 penalty units; s307.11 at the commercial quantity (1.2 kg), 25 years or 5,000 penalty units. The Customs Act adds two import offences, because ephedrine is not a border controlled drug on the settled reading and so is not narcotic goods, which Customs Act s4 defines as «goods that consist of a narcotic substance»: importing more than 25g without the licence and permission regulation 5 requires is s233BAA(4), «Imprisonment for 5 years or 1,000 penalty units, or both», with absolute liability for the prohibition (s233BAA(4A)); and any unlicensed import is a prohibited import under s233(1)(b), punishable under s233AB(2) by a fine only, the greater of 3 times the value of the goods or 1,000 penalty units. If the conditional analogue reading held, ephedrine would also carry the controlled drug ladder at the quantities in the opening (s302.4 trafficking, 10 years or 2,000 penalty units, or both, rising to life at 0.75 kg; s308.1 possession, 2 years or 400 penalty units, or both), and as narcotic goods it would leave s233 for Division 307. Part 9.1, other than the import and export offences in Division 307, does not apply to conduct justified or excused by or under a state or territory law (s313.1), which is how lawful prescribing and dispensing sit outside it. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together.
- If prescribed / medical
- Ephedrine is a Schedule 4 prescription only medicine. The Reader's guide, which is not part of the instrument, describes Schedule 4 as «Substances, the use or supply of which should be by or on the order of persons permitted by State or Territory legislation to prescribe and should be available from a pharmacist on prescription.» Lawful prescribed possession sits outside the precursor offences, and the drug offences if they applied, by s313.1.
- Documentation
- Traveller rule, Commonwealth: regulation 5(2)(b) of the Customs (Prohibited Imports) Regulations 1956 lifts the import prohibition for a drug carried by a passenger on a ship or aircraft that «is required for the medical treatment of the person or of another passenger under the care of the person», «was prescribed by a medical practitioner for the purposes of that treatment» and «was supplied to the person in accordance with the prescription of the medical practitioner referred to in subparagraph (ii)». Therapeutic Goods Regulations 1990 Schedule 5 item 1 (Compilation No. 130, compilation date 8 September 2026) covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family» and limits the personal import to «not more than 3 months’ supply at the maximum dose recommended by the manufacturer» in one importation and, for goods in Schedule 4 or Schedule 8 of the current Poisons Standard, requires a written authority from a medical practitioner, or an overseas medical practitioner where the goods are carried by a passenger. The Australian Border Force traveller guidance (abf.gov.au, read 2 October 2026) asks the traveller to «carry a letter or copy of your prescription (written in English) from your doctor to certify that the medicine has been prescribed to you to treat a medical condition», to keep the medicine in its original packaging and to declare it on arrival. Anything outside that exemption needs an import licence and permission from the Office of Drug Control under regulation 5(1). Where the medicine is also a border controlled drug, Division 307 of the Criminal Code has no traveller exception of its own; the traveller relies on Criminal Code s10.5, «A person is not criminally responsible for an offence if the conduct constituting the offence is justified or excused by or under a law.», on the footing that an import within regulation 5(2)(b) is so excused. That footing is this cell's reading of the provisions; no decision applying it was read. The Therapeutic Goods Administration and Office of Drug Control traveller pages (tga.gov.au, odc.gov.au) did not respond from this network on 2 October 2026 (curl timeout after 60 seconds, twice, and a second fetcher timed out), so nothing in this cell rests on them.
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Customs Regulation 2015, Compilation No. 38 (Schedule 7, tier 1 goods) · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
Etizolam
- Legal status
- Controlled federally as a prohibited import, and conditionally by the drug analogue route; its Poisons Standard placement is unsettled. Etizolam is not named anywhere in the Schedules of F2026L01327 as in force on 2 October 2026: the only near entry is «DESCHLOROETIZOLAM.» in Schedule 9, a different compound without the chlorine. The Schedule 4 class entry «# BENZODIAZEPINE derivatives except when separately specified in these Schedules.» reaches etizolam only if a thienotriazolodiazepine, in which a thiophene ring stands where a benzodiazepine carries a benzene ring, is a benzodiazepine derivative; the instrument does not define the term, so that placement is a question for each state and territory applying it. Customs (Prohibited Imports) Regulations 1956 Schedule 4 names it at item 87C («87C Etizolam»). Bromazolam has been a listed controlled drug (Schedule 1 item 36A) and border controlled drug (Schedule 2 item 31A) since 1 March 2025, inserted by the Criminal Code Amendment (Controlled and Border Controlled Drugs and Precursors) Regulations 2025 (F2025L00032, made 23 January 2025, registered 24 January 2025). Etizolam is the triazolodiazepine of bromazolam with a thiophene ring in place of the benzene ring, an ethyl group on that ring where bromazolam carries bromine, and a chlorine added to the phenyl ring. Criminal Code s301.9(1) makes a drug analogue of a listed drug «a structural modification obtained in one or more of the following ways», including «(i) by the replacement of up to 2 carbocyclic or heterocyclic ring structures with different carbocyclic or heterocyclic ring structures» and «(iii) by the replacement of one or more of the groups or atoms specified in subsection (2) with one or more of the other groups or atoms specified in that subsection», and s301.9(2)(c) specifies «halogen, hydroxy, nitro or amino groups». The ethyl group for bromine and the added chlorine are swaps between groups specified in different paragraphs of s301.9(2) (alkyl in (b), «halogen» in (c), «hydrogen atoms» in (d)), but the thiophene for benzene swap replaces a ring of the fused core, and whether (c)(i) reaches a core ring rather than a pendant one is not settled by the text; limb (d) is the other route and turns on a court's view of similarity. The Criminal Code exposure of etizolam is therefore conditional: if either route holds, etizolam is a controlled drug (s301.1(1)(b)) and a border controlled drug (s301.4(1)(b)) at bromazolam's quantities (s301.10 to s301.12, table items 2 and 3); if neither holds, Part 9.1 does not reach it and its import is a Customs Act s233 matter as a prohibited import. The method used for every row is a reading, not a rule the Act states: a modification that limb (a) or limb (c) plainly describes is treated as making a drug analogue; one contestable modification (a swap within one paragraph of s301.9(2), or a core ring replaced), a single limb (d) change from the listed drug, or an express exclusion or different listing in the Regulations is treated as making the exposure conditional; anything more, including adding or removing a ring, is treated as outside s301.9. Because s301.9(1)(c) allows a modification «obtained in one or more of the following ways», the tier this gives can depend on how a change is described, and nothing read settles which description governs. No court decision applying s301.9 to etizolam was read for this cell. The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» The Part 9.1 exposure is conditional on the drug analogue reading stated in the opening. If it does not hold, no Commonwealth offence reaches possession, sale or supply of etizolam, and its import is a prohibited import under item 87C, an offence against Customs Act s233(1)(b) punishable under s233AB(2) by a fine only, the greater of 3 times the value of the goods or 1,000 penalty units. If it holds, etizolam is a border controlled drug, Division 307 and not s233 governs its import (s233(5) excludes narcotic goods), and the following apply. Trafficking etizolam (s302.1: selling, preparing for supply, transporting, guarding or possessing with intent to sell) is s302.4, imprisonment for 10 years or 2,000 penalty units, or both. Trafficking a marketable quantity, 1,250.0 g or more under Schedule 1 item 36A of the Criminal Code Regulations, is s302.3, 25 years or 5,000 penalty units, or both. A commercial quantity, 5.0 kg or more, is s302.2, imprisonment for life or 7,500 penalty units, or both. Under s302.5 a person who prepares, transports, guards or possesses a trafficable quantity, 30.0 g or more, is taken to have intended to sell unless they prove they had neither that intention nor belief, a legal burden (s13.4). Manufacturing etizolam for a commercial purpose is s305.5, 10 years or 2,000 penalty units, or both (12 years or 2,400 penalty units if a child under 14 is exposed, s310.4); s305.4 for a marketable quantity, 25 years or 5,000 penalty units (28 years or 5,600 aggravated); s305.3 for a commercial quantity, imprisonment for life or 7,500 penalty units, or both. Under s305.6 manufacturing a trafficable quantity presumes the commercial purpose, rebuttably. Import and export are offences of their own in Division 307 against the border controlled drug listing (Schedule 2 item 31A), by s301.4(1)(b) as an analogue of bromazolam, if that reading holds: s307.3, imprisonment for 10 years or 2,000 penalty units, or both, with a defence if the person proves no intention or belief that any would be sold; s307.4, which needs no commercial intent, 2 years or 400 penalty units, or both; s307.2 for a marketable quantity (30.0 g or more), 25 years or 5,000 penalty units, or both; s307.1 for a commercial quantity (5.0 kg or more), imprisonment for life or 7,500 penalty units, or both. Possessing an unlawfully imported quantity is s307.5 to s307.7 on the same thresholds, and possessing one reasonably suspected of unlawful import is s307.8 to s307.10. The Customs Act s233(5) leaves border controlled drugs to these offences rather than to the Customs Act smuggling offence. Possessing etizolam as a controlled drug is s308.1, imprisonment for 2 years or 400 penalty units, or both, and s308.1(3) lets the court deal with the offender as if the offence were the state or territory possession offence, so diversion available there is available here. Supplying any quantity to a child is s309.2, 15 years or 3,000 penalty units, or both. Part 9.1, other than the import and export offences in Division 307, does not apply to conduct justified or excused by or under a state or territory law (s313.1), which is how lawful prescribing and dispensing sit outside it. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together. Quantities are proved under s312.1 as in force on 2 October 2026, by the pure drug in a mixture. A substituted s312.1, enacted by the Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2026 (assented to 26 August 2026), Schedule 2 Part 2, will «treat the mixture as consisting wholly of the prohibited substance»; it commences on a day fixed by Proclamation or at the latest on 26 August 2027, and no Proclamation was found when this was read.
- If prescribed / medical
- No prescription route is shown: etizolam is not named in the Poisons Standard and nothing read for this cell enters it as an approved medicine in Australia. If the Schedule 4 benzodiazepine derivatives entry is applied to it, Appendix D clause 5 («BENZODIAZEPINE DERIVATIVES, including those separately specified in Schedule 4 and Schedule 8») would add that it «must not be possessed by a person without authority». A foreign prescription does not create Australian lawful authority beyond the traveller exemption described in documentation.
- Documentation
- Traveller rule, Commonwealth: regulation 5(2)(b) of the Customs (Prohibited Imports) Regulations 1956 lifts the import prohibition for a drug carried by a passenger on a ship or aircraft that «is required for the medical treatment of the person or of another passenger under the care of the person», «was prescribed by a medical practitioner for the purposes of that treatment» and «was supplied to the person in accordance with the prescription of the medical practitioner referred to in subparagraph (ii)». Therapeutic Goods Regulations 1990 Schedule 5 item 1 (Compilation No. 130, compilation date 8 September 2026) covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family» and limits the personal import to «not more than 3 months’ supply at the maximum dose recommended by the manufacturer» in one importation and, for goods in Schedule 4 or Schedule 8 of the current Poisons Standard, requires a written authority from a medical practitioner, or an overseas medical practitioner where the goods are carried by a passenger. The Australian Border Force traveller guidance (abf.gov.au, read 2 October 2026) asks the traveller to «carry a letter or copy of your prescription (written in English) from your doctor to certify that the medicine has been prescribed to you to treat a medical condition», to keep the medicine in its original packaging and to declare it on arrival. Anything outside that exemption needs an import licence and permission from the Office of Drug Control under regulation 5(1). Where the medicine is also a border controlled drug, Division 307 of the Criminal Code has no traveller exception of its own; the traveller relies on Criminal Code s10.5, «A person is not criminally responsible for an offence if the conduct constituting the offence is justified or excused by or under a law.», on the footing that an import within regulation 5(2)(b) is so excused. That footing is this cell's reading of the provisions; no decision applying it was read. Whether a traveller's foreign etizolam prescription satisfies regulation 5(2)(b) as a matter of Commonwealth law turns on the three conditions quoted; if the drug analogue reading holds, a supply intention is not required for the s307.4 offence when the exemption does not apply. The Therapeutic Goods Administration and Office of Drug Control traveller pages (tga.gov.au, odc.gov.au) did not respond from this network on 2 October 2026 (curl timeout after 60 seconds, twice, and a second fetcher timed out), so nothing in this cell rests on them.
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
Fentanyl
- Legal status
- Controlled medicine. Fentanyl is named in Schedule 8 of F2026L01327 as «FENTANYL.». Criminal Code Regulations 2019: a controlled drug at Schedule 1 item 113 (commercial quantity 0.005 kg, marketable 2.5 g, trafficable 0.005 g) and a border controlled drug at Schedule 2 item 89 (commercial 0.005 kg, marketable 0.005 g). Customs (Prohibited Imports) Regulations 1956 Schedule 4 item 94 («94 Fentanyl»). The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» Trafficking fentanyl (s302.1: selling, preparing for supply, transporting, guarding or possessing with intent to sell) is s302.4, imprisonment for 10 years or 2,000 penalty units, or both. Trafficking a marketable quantity, 2.5 g or more under Schedule 1 item 113 of the Criminal Code Regulations, is s302.3, 25 years or 5,000 penalty units, or both. A commercial quantity, 0.005 kg or more, is s302.2, imprisonment for life or 7,500 penalty units, or both. Under s302.5 a person who prepares, transports, guards or possesses a trafficable quantity, 0.005 g or more, is taken to have intended to sell unless they prove they had neither that intention nor belief, a legal burden (s13.4). Manufacturing fentanyl for a commercial purpose is s305.5, 10 years or 2,000 penalty units, or both (12 years or 2,400 penalty units if a child under 14 is exposed, s310.4); s305.4 for a marketable quantity, 25 years or 5,000 penalty units (28 years or 5,600 aggravated); s305.3 for a commercial quantity, imprisonment for life or 7,500 penalty units, or both. Under s305.6 manufacturing a trafficable quantity presumes the commercial purpose, rebuttably. Import and export are offences of their own in Division 307 against the border controlled drug listing (Schedule 2 item 89): s307.3, imprisonment for 10 years or 2,000 penalty units, or both, with a defence if the person proves no intention or belief that any would be sold; s307.4, which needs no commercial intent, 2 years or 400 penalty units, or both; s307.2 for a marketable quantity (0.005 g or more), 25 years or 5,000 penalty units, or both; s307.1 for a commercial quantity (0.005 kg or more), imprisonment for life or 7,500 penalty units, or both. Possessing an unlawfully imported quantity is s307.5 to s307.7 on the same thresholds, and possessing one reasonably suspected of unlawful import is s307.8 to s307.10. The Customs Act s233(5) leaves border controlled drugs to these offences rather than to the Customs Act smuggling offence. Possessing fentanyl as a controlled drug is s308.1, imprisonment for 2 years or 400 penalty units, or both, and s308.1(3) lets the court deal with the offender as if the offence were the state or territory possession offence, so diversion available there is available here. Supplying any quantity to a child is s309.2, 15 years or 3,000 penalty units, or both. Part 9.1, other than the import and export offences in Division 307, does not apply to conduct justified or excused by or under a state or territory law (s313.1), which is how lawful prescribing and dispensing sit outside it. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together. Quantities are proved under s312.1 as in force on 2 October 2026, by the pure drug in a mixture. A substituted s312.1, enacted by the Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2026 (assented to 26 August 2026), Schedule 2 Part 2, will «treat the mixture as consisting wholly of the prohibited substance»; it commences on a day fixed by Proclamation or at the latest on 26 August 2027, and no Proclamation was found when this was read. Fentanyl's thresholds are among the lowest listed: 0.005 g is a trafficable quantity and 2.5 g a marketable one.
- If prescribed / medical
- Fentanyl has a prescription route as a Schedule 8 controlled drug. The Reader's guide, which is not part of the instrument, describes Schedule 8 as «Substances which should be available for use but require restriction of manufacture, supply, distribution, possession and use to reduce abuse, misuse and physical or psychological dependence.» Prescribing, dispensing and the permits a prescriber may need are state and territory law. Possession under a lawful prescription is conduct justified or excused by state or territory law, so Part 9.1 outside Division 307 does not apply to it (s313.1), and Criminal Code s10.5 provides «A person is not criminally responsible for an offence if the conduct constituting the offence is justified or excused by or under a law.» The Narcotic Drugs Act 1967 (Compilation No. 16, compilation date 14 October 2024) also applies, because it defines drug as «any substance that is a drug for the purposes of the Convention», the Single Convention on Narcotic Drugs, 1961: it licenses the manufacture of narcotic drugs through manufacture licences and permits.
- Documentation
- Traveller rule, Commonwealth: regulation 5(2)(b) of the Customs (Prohibited Imports) Regulations 1956 lifts the import prohibition for a drug carried by a passenger on a ship or aircraft that «is required for the medical treatment of the person or of another passenger under the care of the person», «was prescribed by a medical practitioner for the purposes of that treatment» and «was supplied to the person in accordance with the prescription of the medical practitioner referred to in subparagraph (ii)». Therapeutic Goods Regulations 1990 Schedule 5 item 1 (Compilation No. 130, compilation date 8 September 2026) covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family» and limits the personal import to «not more than 3 months’ supply at the maximum dose recommended by the manufacturer» in one importation and, for goods in Schedule 4 or Schedule 8 of the current Poisons Standard, requires a written authority from a medical practitioner, or an overseas medical practitioner where the goods are carried by a passenger. The Australian Border Force traveller guidance (abf.gov.au, read 2 October 2026) asks the traveller to «carry a letter or copy of your prescription (written in English) from your doctor to certify that the medicine has been prescribed to you to treat a medical condition», to keep the medicine in its original packaging and to declare it on arrival. Anything outside that exemption needs an import licence and permission from the Office of Drug Control under regulation 5(1). Where the medicine is also a border controlled drug, Division 307 of the Criminal Code has no traveller exception of its own; the traveller relies on Criminal Code s10.5, «A person is not criminally responsible for an offence if the conduct constituting the offence is justified or excused by or under a law.», on the footing that an import within regulation 5(2)(b) is so excused. That footing is this cell's reading of the provisions; no decision applying it was read. The Therapeutic Goods Administration and Office of Drug Control traveller pages (tga.gov.au, odc.gov.au) did not respond from this network on 2 October 2026 (curl timeout after 60 seconds, twice, and a second fetcher timed out), so nothing in this cell rests on them.
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Narcotic Drugs Act 1967, Compilation No. 16 · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
Gabapentin
- Legal status
- Prescription only medicine under the Poisons Standard; no Commonwealth criminal drug status. F2026L01327 names gabapentin in Schedule 4, «GABAPENTIN.». Appendix K clause 1 lists it at item 65 («65 GABAPENTIN») among human medicines that must carry a sedation warning. It is not listed in Schedule 1 or Schedule 2 of the Criminal Code Regulations 2019 (Compilation No. 6). Nearest listed drug: 4-hydroxybutanoic acid, GHB (Schedule 1 item 132, Schedule 2 item 103). Limb (a) of s301.9(1) does not reach it because its molecular formula differs from GHB's, so it is no isomer, and it is not an alkaloid of a listed drug; limb (c) does not, because gabapentin is GHB with the hydroxy group swapped for an amino group, both within paragraph s301.9(2)(c), and with a cyclohexane ring built on carbon 3, and adding a ring is none of the s301.9(1)(c) modifications; and on the method stated next limb (d) does not, because adding a whole ring puts it outside s301.9 on that method. The method used for every row is a reading, not a rule the Act states: a modification that limb (a) or limb (c) plainly describes is treated as making a drug analogue; one contestable modification (a swap within one paragraph of s301.9(2), or a core ring replaced), a single limb (d) change from the listed drug, or an express exclusion or different listing in the Regulations is treated as making the exposure conditional; anything more, including adding or removing a ring, is treated as outside s301.9. Because s301.9(1)(c) allows a modification «obtained in one or more of the following ways», the tier this gives can depend on how a change is described, and nothing read settles which description governs. No court decision applying s301.9 to gabapentin was read, so this is a reading of the text. Nor is it named in Schedule 4 of the Customs (Prohibited Imports) Regulations 1956 as in force on 2 October 2026. The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» No Commonwealth criminal offence reaches possession, sale, supply, manufacture or use of gabapentin: it is not a controlled or border controlled drug, and it is not a prohibited import under Schedule 4 of the Customs (Prohibited Imports) Regulations 1956 (Compilation No. 147), so the Customs Act 1901 s233 offence for prohibited imports does not reach its import. Supply is controlled by state and territory poisons law applying its Poisons Standard schedule. Part 9.2 of the Criminal Code is the residual import offence: s320.2 punishes importing a psychoactive substance by 5 years or 300 penalty units, or both, and s320.3 importing a substance presented as a serious drug alternative by 2 years or 120 penalty units, or both; s320.2(2) excludes listed or registered therapeutic goods, goods represented for therapeutic use other than as a serious drug alternative, industrial chemicals, a plant or fungus or an extract from one, any serious drug or precursor, and any prohibited import within the meaning of the Customs Act. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together.
- If prescribed / medical
- Gabapentin is a Schedule 4 prescription only medicine. The Reader's guide, which is not part of the instrument, describes Schedule 4 as «Substances, the use or supply of which should be by or on the order of persons permitted by State or Territory legislation to prescribe and should be available from a pharmacist on prescription.»
- Documentation
- Its import is not prohibited by the Customs (Prohibited Imports) Regulations; the personal import limits are those of the rule in Therapeutic Goods Regulations 1990 Schedule 5 item 1 (Compilation No. 130), which covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family», limited to «not more than 3 months’ supply at the maximum dose recommended by the manufacturer» in one importation, no more than 15 months’ supply in 12 months, and, because it is a Schedule 4 good, a written authority from a medical practitioner, or an overseas medical practitioner where a passenger carries it. The ABF traveller guidance asks travellers to carry «a letter or copy of your prescription (written in English)» and declare the medicine. The Therapeutic Goods Administration and Office of Drug Control traveller pages (tga.gov.au, odc.gov.au) did not respond from this network on 2 October 2026 (curl timeout after 60 seconds, twice, and a second fetcher timed out), so nothing in this cell rests on them.
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
GBL
- Legal status
- Controlled as a drug, not only as a precursor. GBL (gamma-butyrolactone) is listed by the Criminal Code Regulations 2019 as a controlled drug, Schedule 1 item 125 (commercial 1.0 kg, marketable 250.0 g, trafficable 0.5 g), and a border controlled drug, Schedule 2 item 94 (1.0 kg, 2.0 g). F2026L01327 places it in Schedule 10, the prohibited-use schedule, only for one use: «GAMMA BUTYROLACTONE (excluding its derivatives) in non-polymerised form in preparations for domestic and cosmetic use.»; its industrial solvent uses are otherwise unscheduled. Customs (Prohibited Imports) Regulations 1956 Schedule 4 item 98A («98A Gammabutyrolactone»), and Customs Regulation 2015 Schedule 7 lists «8 Gammabutyrolactone» as tier 1 goods. The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» Trafficking GBL (s302.1: selling, preparing for supply, transporting, guarding or possessing with intent to sell) is s302.4, imprisonment for 10 years or 2,000 penalty units, or both. Trafficking a marketable quantity, 250.0 g or more under Schedule 1 item 125 of the Criminal Code Regulations, is s302.3, 25 years or 5,000 penalty units, or both. A commercial quantity, 1.0 kg or more, is s302.2, imprisonment for life or 7,500 penalty units, or both. Under s302.5 a person who prepares, transports, guards or possesses a trafficable quantity, 0.5 g or more, is taken to have intended to sell unless they prove they had neither that intention nor belief, a legal burden (s13.4). Manufacturing GBL for a commercial purpose is s305.5, 10 years or 2,000 penalty units, or both (12 years or 2,400 penalty units if a child under 14 is exposed, s310.4); s305.4 for a marketable quantity, 25 years or 5,000 penalty units (28 years or 5,600 aggravated); s305.3 for a commercial quantity, imprisonment for life or 7,500 penalty units, or both. Under s305.6 manufacturing a trafficable quantity presumes the commercial purpose, rebuttably. Import and export are offences of their own in Division 307 against the border controlled drug listing (Schedule 2 item 94): s307.3, imprisonment for 10 years or 2,000 penalty units, or both, with a defence if the person proves no intention or belief that any would be sold; s307.4, which needs no commercial intent, 2 years or 400 penalty units, or both; s307.2 for a marketable quantity (2.0 g or more), 25 years or 5,000 penalty units, or both; s307.1 for a commercial quantity (1.0 kg or more), imprisonment for life or 7,500 penalty units, or both. Possessing an unlawfully imported quantity is s307.5 to s307.7 on the same thresholds, and possessing one reasonably suspected of unlawful import is s307.8 to s307.10. The Customs Act s233(5) leaves border controlled drugs to these offences rather than to the Customs Act smuggling offence. Possessing GBL as a controlled drug is s308.1, imprisonment for 2 years or 400 penalty units, or both, and s308.1(3) lets the court deal with the offender as if the offence were the state or territory possession offence, so diversion available there is available here. Supplying any quantity to a child is s309.2, 15 years or 3,000 penalty units, or both. Part 9.1, other than the import and export offences in Division 307, does not apply to conduct justified or excused by or under a state or territory law (s313.1), which is how lawful prescribing and dispensing sit outside it. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together. Quantities are proved under s312.1 as in force on 2 October 2026, by the pure drug in a mixture. A substituted s312.1, enacted by the Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2026 (assented to 26 August 2026), Schedule 2 Part 2, will «treat the mixture as consisting wholly of the prohibited substance»; it commences on a day fixed by Proclamation or at the latest on 26 August 2027, and no Proclamation was found when this was read. Because GBL converts to GHB in the body, the GHB and GBL thresholds are set alike.
- If prescribed / medical
- No prescription route: GBL is not a medicine in any instrument read. Industrial importers hold Office of Drug Control licences and permissions under regulation 5 of the Prohibited Imports Regulations.
- Documentation
- No traveller exemption applies; GBL is not a prescribed medicine. Any import needs a licence and permission under regulation 5(1) of the Customs (Prohibited Imports) Regulations 1956, and an unlicensed import is a Division 307 offence because GBL is a border controlled drug.
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
GHB
- Legal status
- Prohibited, with a medicine exception for sodium oxybate. F2026L01327 places GHB in Schedule 9 as «4-HYDROXYBUTANOIC ACID and its salts except for sodium oxybate when in Schedule 8. *(GAMMA HYDROXYBUTYRATE (GHB)).», and sodium oxybate in Schedule 8 as «# SODIUM OXYBATE for human therapeutic use.». Criminal Code Regulations 2019: a controlled drug at Schedule 1 item 132 (commercial quantity 1.0 kg, marketable 250.0 g, trafficable 0.5 g) and a border controlled drug at Schedule 2 item 103 (commercial 1.0 kg, marketable 2.0 g). Customs (Prohibited Imports) Regulations 1956 Schedule 4 item 108A («108A 4-hydroxybutanoic acid»). The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» Trafficking GHB (s302.1: selling, preparing for supply, transporting, guarding or possessing with intent to sell) is s302.4, imprisonment for 10 years or 2,000 penalty units, or both. Trafficking a marketable quantity, 250.0 g or more under Schedule 1 item 132 of the Criminal Code Regulations, is s302.3, 25 years or 5,000 penalty units, or both. A commercial quantity, 1.0 kg or more, is s302.2, imprisonment for life or 7,500 penalty units, or both. Under s302.5 a person who prepares, transports, guards or possesses a trafficable quantity, 0.5 g or more, is taken to have intended to sell unless they prove they had neither that intention nor belief, a legal burden (s13.4). Manufacturing GHB for a commercial purpose is s305.5, 10 years or 2,000 penalty units, or both (12 years or 2,400 penalty units if a child under 14 is exposed, s310.4); s305.4 for a marketable quantity, 25 years or 5,000 penalty units (28 years or 5,600 aggravated); s305.3 for a commercial quantity, imprisonment for life or 7,500 penalty units, or both. Under s305.6 manufacturing a trafficable quantity presumes the commercial purpose, rebuttably. Import and export are offences of their own in Division 307 against the border controlled drug listing (Schedule 2 item 103): s307.3, imprisonment for 10 years or 2,000 penalty units, or both, with a defence if the person proves no intention or belief that any would be sold; s307.4, which needs no commercial intent, 2 years or 400 penalty units, or both; s307.2 for a marketable quantity (2.0 g or more), 25 years or 5,000 penalty units, or both; s307.1 for a commercial quantity (1.0 kg or more), imprisonment for life or 7,500 penalty units, or both. Possessing an unlawfully imported quantity is s307.5 to s307.7 on the same thresholds, and possessing one reasonably suspected of unlawful import is s307.8 to s307.10. The Customs Act s233(5) leaves border controlled drugs to these offences rather than to the Customs Act smuggling offence. Possessing GHB as a controlled drug is s308.1, imprisonment for 2 years or 400 penalty units, or both, and s308.1(3) lets the court deal with the offender as if the offence were the state or territory possession offence, so diversion available there is available here. Supplying any quantity to a child is s309.2, 15 years or 3,000 penalty units, or both. Part 9.1, other than the import and export offences in Division 307, does not apply to conduct justified or excused by or under a state or territory law (s313.1), which is how lawful prescribing and dispensing sit outside it. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together. Quantities are proved under s312.1 as in force on 2 October 2026, by the pure drug in a mixture. A substituted s312.1, enacted by the Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2026 (assented to 26 August 2026), Schedule 2 Part 2, will «treat the mixture as consisting wholly of the prohibited substance»; it commences on a day fixed by Proclamation or at the latest on 26 August 2027, and no Proclamation was found when this was read.
- If prescribed / medical
- Sodium oxybate, the sodium salt of GHB, has a prescription route as a Schedule 8 controlled drug. The Reader's guide, which is not part of the instrument, describes Schedule 8 as «Substances which should be available for use but require restriction of manufacture, supply, distribution, possession and use to reduce abuse, misuse and physical or psychological dependence.» Prescribing, dispensing and the permits a prescriber may need are state and territory law. Possession under a lawful prescription is conduct justified or excused by state or territory law, so Part 9.1 outside Division 307 does not apply to it (s313.1), and Criminal Code s10.5 provides «A person is not criminally responsible for an offence if the conduct constituting the offence is justified or excused by or under a law.» Appendix D clause 1 lists «SODIUM OXYBATE for human use» among poisons supplied only on the prescription of an authorised medical practitioner. GHB itself, outside that salt and use, is Schedule 9 with no prescription route.
- Documentation
- No traveller exemption is shown for a Schedule 9 substance. The Australian Border Force traveller guidance (abf.gov.au, read 2 October 2026) covers «Prescription medicines such as morphine, oxycodone, methadone, methylphenidate, Adderall®, and benzodiazepines» and nothing read for this cell treats a foreign prescription for a Schedule 9 substance as lawful authority for an import that Division 307 otherwise punishes. An import needs an Office of Drug Control licence and permission under regulation 5(1) of the Customs (Prohibited Imports) Regulations 1956, and regulation 5(10) lets permission be granted only where, in the cases that apply to a private person, the drug «is required by the applicant for medical or scientific purposes». The personal importation rule in Therapeutic Goods Regulations 1990 Schedule 5 item 1, which covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family», does not help where the substance is a prohibited import, because it applies only where «the goods do not contain a substance the importation of which is prohibited under the Customs Act 1901». A traveller's sodium oxybate prescription falls under the general medicine rule rather than this Schedule 9 rule.
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
Heroin
- Legal status
- Prohibited. Heroin (diacetylmorphine) is named in Schedule 9 of F2026L01327 as «HEROIN.», while morphine, from which it is made, is Schedule 8. Criminal Code Regulations 2019: a controlled drug at Schedule 1 item 127 (commercial quantity 1.5 kg, marketable 250.0 g, trafficable 2.0 g) and a border controlled drug at Schedule 2 item 98 (commercial 1.5 kg, marketable 2.0 g). Customs (Prohibited Imports) Regulations 1956 Schedule 4 item 104 («104 Heroin (otherwise known as diacetylmorphine)»). The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» Trafficking heroin (s302.1: selling, preparing for supply, transporting, guarding or possessing with intent to sell) is s302.4, imprisonment for 10 years or 2,000 penalty units, or both. Trafficking a marketable quantity, 250.0 g or more under Schedule 1 item 127 of the Criminal Code Regulations, is s302.3, 25 years or 5,000 penalty units, or both. A commercial quantity, 1.5 kg or more, is s302.2, imprisonment for life or 7,500 penalty units, or both. Under s302.5 a person who prepares, transports, guards or possesses a trafficable quantity, 2.0 g or more, is taken to have intended to sell unless they prove they had neither that intention nor belief, a legal burden (s13.4). Manufacturing heroin for a commercial purpose is s305.5, 10 years or 2,000 penalty units, or both (12 years or 2,400 penalty units if a child under 14 is exposed, s310.4); s305.4 for a marketable quantity, 25 years or 5,000 penalty units (28 years or 5,600 aggravated); s305.3 for a commercial quantity, imprisonment for life or 7,500 penalty units, or both. Under s305.6 manufacturing a trafficable quantity presumes the commercial purpose, rebuttably. Import and export are offences of their own in Division 307 against the border controlled drug listing (Schedule 2 item 98): s307.3, imprisonment for 10 years or 2,000 penalty units, or both, with a defence if the person proves no intention or belief that any would be sold; s307.4, which needs no commercial intent, 2 years or 400 penalty units, or both; s307.2 for a marketable quantity (2.0 g or more), 25 years or 5,000 penalty units, or both; s307.1 for a commercial quantity (1.5 kg or more), imprisonment for life or 7,500 penalty units, or both. Possessing an unlawfully imported quantity is s307.5 to s307.7 on the same thresholds, and possessing one reasonably suspected of unlawful import is s307.8 to s307.10. The Customs Act s233(5) leaves border controlled drugs to these offences rather than to the Customs Act smuggling offence. Possessing heroin as a controlled drug is s308.1, imprisonment for 2 years or 400 penalty units, or both, and s308.1(3) lets the court deal with the offender as if the offence were the state or territory possession offence, so diversion available there is available here. Supplying any quantity to a child is s309.2, 15 years or 3,000 penalty units, or both. Part 9.1, other than the import and export offences in Division 307, does not apply to conduct justified or excused by or under a state or territory law (s313.1), which is how lawful prescribing and dispensing sit outside it. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together. Quantities are proved under s312.1 as in force on 2 October 2026, by the pure drug in a mixture. A substituted s312.1, enacted by the Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2026 (assented to 26 August 2026), Schedule 2 Part 2, will «treat the mixture as consisting wholly of the prohibited substance»; it commences on a day fixed by Proclamation or at the latest on 26 August 2027, and no Proclamation was found when this was read.
- If prescribed / medical
- No prescription route: Heroin sits in Schedule 9 of F2026L01327. The Reader's guide, which is not part of the instrument, describes Schedule 9 as «Substances which may be abused or misused, the manufacture, possession, supply or use of which should be prohibited by law except when required for medical or scientific research, or for analytical, teaching or training purposes with approval of Commonwealth and/or State or Territory Health Authorities.» Outside an approved clinical trial or research, there is no lawful medical supply in Australia on anything read for this cell, and a foreign prescription does not change the Commonwealth position. The Narcotic Drugs Act 1967 (Compilation No. 16, compilation date 14 October 2024) also applies, because it defines drug as «any substance that is a drug for the purposes of the Convention», the Single Convention on Narcotic Drugs, 1961: it licenses the manufacture of narcotic drugs through manufacture licences and permits.
- Documentation
- No traveller exemption is shown for a Schedule 9 substance. The Australian Border Force traveller guidance (abf.gov.au, read 2 October 2026) covers «Prescription medicines such as morphine, oxycodone, methadone, methylphenidate, Adderall®, and benzodiazepines» and nothing read for this cell treats a foreign prescription for a Schedule 9 substance as lawful authority for an import that Division 307 otherwise punishes. An import needs an Office of Drug Control licence and permission under regulation 5(1) of the Customs (Prohibited Imports) Regulations 1956, and regulation 5(10) lets permission be granted only where, in the cases that apply to a private person, the drug «is required by the applicant for medical or scientific purposes». The personal importation rule in Therapeutic Goods Regulations 1990 Schedule 5 item 1, which covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family», does not help where the substance is a prohibited import, because it applies only where «the goods do not contain a substance the importation of which is prohibited under the Customs Act 1901».
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Narcotic Drugs Act 1967, Compilation No. 16 · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
HHC
- Legal status
- Prohibited by structure, though not named. Hexahydrocannabinol (HHC) is not named in F2026L01327, in the Criminal Code Regulations 2019 or in the Customs (Prohibited Imports) Regulations 1956, each as in force on 2 October 2026. It is delta-9-THC with the remaining ring double bond saturated by two hydrogen atoms; its chemical name is a hexahydro-6,6,9-trimethyl-3-pentyl-6H-dibenzo[b,d]pyran-1-ol, so its ring system is a dibenzopyran and the Schedule 9 class entry «DIBENZOPYRANS except when separately specified in these Schedules.» reaches it. Criminal Code s301.9(1) makes «a structural modification obtained» «(ii) by the addition of hydrogen atoms to one or more unsaturated bonds» a drug analogue of the listed drug, which is exactly how HHC is made from THC, so HHC is a controlled drug as an analogue of «Tetrahydrocannabinols (THC)» (Schedule 1 item 238: commercial 5.0 kg, marketable 1,000.0 g, trafficable 2.0 g). Schedule 2 item 35 of the Criminal Code Regulations 2019 lists «Cannabinoids (other than a Cannabinoid of a kind that can be obtained from a plant that is not a Cannabis plant)» as a border controlled drug (commercial 2.0 kg, marketable 2.0 g). HHC is a cannabinoid, and nothing read for this cell records a source of it outside the cannabis plant, so it is a listed border controlled drug within item 35, and s301.9(3)(b) then leaves no room for the analogue route at the border, where item 35's quantities apply; Customs Act s233(5) leaves border controlled drugs to Division 307. The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» Trafficking HHC (s302.1: selling, preparing for supply, transporting, guarding or possessing with intent to sell) is s302.4, imprisonment for 10 years or 2,000 penalty units, or both. As a drug analogue of THC, it takes THC's quantities under s301.10 to s301.12 table item 2. Trafficking a marketable quantity, 1,000.0 g or more under Schedule 1 item 238 of the Criminal Code Regulations, is s302.3, 25 years or 5,000 penalty units, or both. A commercial quantity, 5.0 kg or more, is s302.2, imprisonment for life or 7,500 penalty units, or both. Under s302.5 a person who prepares, transports, guards or possesses a trafficable quantity, 2.0 g or more, is taken to have intended to sell unless they prove they had neither that intention nor belief, a legal burden (s13.4). Manufacturing HHC for a commercial purpose is s305.5, 10 years or 2,000 penalty units, or both (12 years or 2,400 penalty units if a child under 14 is exposed, s310.4); s305.4 for a marketable quantity, 25 years or 5,000 penalty units (28 years or 5,600 aggravated); s305.3 for a commercial quantity, imprisonment for life or 7,500 penalty units, or both. Under s305.6 manufacturing a trafficable quantity presumes the commercial purpose, rebuttably. Import and export are offences of their own in Division 307 against the border controlled drug listing (Schedule 2 item 35), within item 35 «Cannabinoids»: s307.3, imprisonment for 10 years or 2,000 penalty units, or both, with a defence if the person proves no intention or belief that any would be sold; s307.4, which needs no commercial intent, 2 years or 400 penalty units, or both; s307.2 for a marketable quantity (2.0 g or more), 25 years or 5,000 penalty units, or both; s307.1 for a commercial quantity (2.0 kg or more), imprisonment for life or 7,500 penalty units, or both. Possessing an unlawfully imported quantity is s307.5 to s307.7 on the same thresholds, and possessing one reasonably suspected of unlawful import is s307.8 to s307.10. The Customs Act s233(5) leaves border controlled drugs to these offences rather than to the Customs Act smuggling offence. Possessing HHC as a controlled drug is s308.1, imprisonment for 2 years or 400 penalty units, or both, and s308.1(3) lets the court deal with the offender as if the offence were the state or territory possession offence, so diversion available there is available here. Supplying any quantity to a child is s309.2, 15 years or 3,000 penalty units, or both. Part 9.1, other than the import and export offences in Division 307, does not apply to conduct justified or excused by or under a state or territory law (s313.1), which is how lawful prescribing and dispensing sit outside it. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together. Quantities are proved under s312.1 as in force on 2 October 2026, by the pure drug in a mixture. A substituted s312.1, enacted by the Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2026 (assented to 26 August 2026), Schedule 2 Part 2, will «treat the mixture as consisting wholly of the prohibited substance»; it commences on a day fixed by Proclamation or at the latest on 26 August 2027, and no Proclamation was found when this was read.
- If prescribed / medical
- No prescription route: HHC sits in Schedule 9 of F2026L01327. The Reader's guide, which is not part of the instrument, describes Schedule 9 as «Substances which may be abused or misused, the manufacture, possession, supply or use of which should be prohibited by law except when required for medical or scientific research, or for analytical, teaching or training purposes with approval of Commonwealth and/or State or Territory Health Authorities.» Outside an approved clinical trial or research, there is no lawful medical supply in Australia on anything read for this cell, and a foreign prescription does not change the Commonwealth position.
- Documentation
- No traveller exemption is shown for a Schedule 9 substance. The Australian Border Force traveller guidance (abf.gov.au, read 2 October 2026) covers «Prescription medicines such as morphine, oxycodone, methadone, methylphenidate, Adderall®, and benzodiazepines» and nothing read for this cell treats a foreign prescription for a Schedule 9 substance as lawful authority for an import that Division 307 otherwise punishes. An import needs an Office of Drug Control licence and permission under regulation 5(1) of the Customs (Prohibited Imports) Regulations 1956, and regulation 5(10) lets permission be granted only where, in the cases that apply to a private person, the drug «is required by the applicant for medical or scientific purposes». The personal importation rule in Therapeutic Goods Regulations 1990 Schedule 5 item 1, which covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family», does not help where the substance is a prohibited import, because it applies only where «the goods do not contain a substance the importation of which is prohibited under the Customs Act 1901».
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
Hydrocodone
- Legal status
- Controlled medicine. Hydrocodone is named in Schedule 8 of F2026L01327 as «HYDROCODONE.». Criminal Code Regulations 2019: a controlled drug at Schedule 1 item 128 (commercial quantity 2.0 kg, marketable 250.0 g, trafficable 2.0 g) and a border controlled drug at Schedule 2 item 99 (commercial 2.0 kg, marketable 2.0 g). Customs (Prohibited Imports) Regulations 1956 Schedule 4 item 105 («105 Hydrocodone»). The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» Trafficking hydrocodone (s302.1: selling, preparing for supply, transporting, guarding or possessing with intent to sell) is s302.4, imprisonment for 10 years or 2,000 penalty units, or both. Trafficking a marketable quantity, 250.0 g or more under Schedule 1 item 128 of the Criminal Code Regulations, is s302.3, 25 years or 5,000 penalty units, or both. A commercial quantity, 2.0 kg or more, is s302.2, imprisonment for life or 7,500 penalty units, or both. Under s302.5 a person who prepares, transports, guards or possesses a trafficable quantity, 2.0 g or more, is taken to have intended to sell unless they prove they had neither that intention nor belief, a legal burden (s13.4). Manufacturing hydrocodone for a commercial purpose is s305.5, 10 years or 2,000 penalty units, or both (12 years or 2,400 penalty units if a child under 14 is exposed, s310.4); s305.4 for a marketable quantity, 25 years or 5,000 penalty units (28 years or 5,600 aggravated); s305.3 for a commercial quantity, imprisonment for life or 7,500 penalty units, or both. Under s305.6 manufacturing a trafficable quantity presumes the commercial purpose, rebuttably. Import and export are offences of their own in Division 307 against the border controlled drug listing (Schedule 2 item 99): s307.3, imprisonment for 10 years or 2,000 penalty units, or both, with a defence if the person proves no intention or belief that any would be sold; s307.4, which needs no commercial intent, 2 years or 400 penalty units, or both; s307.2 for a marketable quantity (2.0 g or more), 25 years or 5,000 penalty units, or both; s307.1 for a commercial quantity (2.0 kg or more), imprisonment for life or 7,500 penalty units, or both. Possessing an unlawfully imported quantity is s307.5 to s307.7 on the same thresholds, and possessing one reasonably suspected of unlawful import is s307.8 to s307.10. The Customs Act s233(5) leaves border controlled drugs to these offences rather than to the Customs Act smuggling offence. Possessing hydrocodone as a controlled drug is s308.1, imprisonment for 2 years or 400 penalty units, or both, and s308.1(3) lets the court deal with the offender as if the offence were the state or territory possession offence, so diversion available there is available here. Supplying any quantity to a child is s309.2, 15 years or 3,000 penalty units, or both. Part 9.1, other than the import and export offences in Division 307, does not apply to conduct justified or excused by or under a state or territory law (s313.1), which is how lawful prescribing and dispensing sit outside it. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together. Quantities are proved under s312.1 as in force on 2 October 2026, by the pure drug in a mixture. A substituted s312.1, enacted by the Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2026 (assented to 26 August 2026), Schedule 2 Part 2, will «treat the mixture as consisting wholly of the prohibited substance»; it commences on a day fixed by Proclamation or at the latest on 26 August 2027, and no Proclamation was found when this was read.
- If prescribed / medical
- Hydrocodone has a prescription route as a Schedule 8 controlled drug. The Reader's guide, which is not part of the instrument, describes Schedule 8 as «Substances which should be available for use but require restriction of manufacture, supply, distribution, possession and use to reduce abuse, misuse and physical or psychological dependence.» Prescribing, dispensing and the permits a prescriber may need are state and territory law. Possession under a lawful prescription is conduct justified or excused by state or territory law, so Part 9.1 outside Division 307 does not apply to it (s313.1), and Criminal Code s10.5 provides «A person is not criminally responsible for an offence if the conduct constituting the offence is justified or excused by or under a law.» The Narcotic Drugs Act 1967 (Compilation No. 16, compilation date 14 October 2024) also applies, because it defines drug as «any substance that is a drug for the purposes of the Convention», the Single Convention on Narcotic Drugs, 1961: it licenses the manufacture of narcotic drugs through manufacture licences and permits.
- Documentation
- Traveller rule, Commonwealth: regulation 5(2)(b) of the Customs (Prohibited Imports) Regulations 1956 lifts the import prohibition for a drug carried by a passenger on a ship or aircraft that «is required for the medical treatment of the person or of another passenger under the care of the person», «was prescribed by a medical practitioner for the purposes of that treatment» and «was supplied to the person in accordance with the prescription of the medical practitioner referred to in subparagraph (ii)». Therapeutic Goods Regulations 1990 Schedule 5 item 1 (Compilation No. 130, compilation date 8 September 2026) covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family» and limits the personal import to «not more than 3 months’ supply at the maximum dose recommended by the manufacturer» in one importation and, for goods in Schedule 4 or Schedule 8 of the current Poisons Standard, requires a written authority from a medical practitioner, or an overseas medical practitioner where the goods are carried by a passenger. The Australian Border Force traveller guidance (abf.gov.au, read 2 October 2026) asks the traveller to «carry a letter or copy of your prescription (written in English) from your doctor to certify that the medicine has been prescribed to you to treat a medical condition», to keep the medicine in its original packaging and to declare it on arrival. Anything outside that exemption needs an import licence and permission from the Office of Drug Control under regulation 5(1). Where the medicine is also a border controlled drug, Division 307 of the Criminal Code has no traveller exception of its own; the traveller relies on Criminal Code s10.5, «A person is not criminally responsible for an offence if the conduct constituting the offence is justified or excused by or under a law.», on the footing that an import within regulation 5(2)(b) is so excused. That footing is this cell's reading of the provisions; no decision applying it was read. The Therapeutic Goods Administration and Office of Drug Control traveller pages (tga.gov.au, odc.gov.au) did not respond from this network on 2 October 2026 (curl timeout after 60 seconds, twice, and a second fetcher timed out), so nothing in this cell rests on them.
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Narcotic Drugs Act 1967, Compilation No. 16 · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
Ketamine
- Legal status
- Controlled medicine. Ketamine is named in Schedule 8 of F2026L01327 as «KETAMINE.», and its single enantiomer separately as «ESKETAMINE.». Criminal Code Regulations 2019: a controlled drug at Schedule 1 item 146 (commercial quantity 1.0 kg, marketable 500.0 g, trafficable 3.0 g) and a border controlled drug at Schedule 2 item 110 (commercial 1.0 kg, marketable 3.0 g). Customs (Prohibited Imports) Regulations 1956 Schedule 4 item 112C («112C Ketamine»). The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» Trafficking ketamine (s302.1: selling, preparing for supply, transporting, guarding or possessing with intent to sell) is s302.4, imprisonment for 10 years or 2,000 penalty units, or both. Trafficking a marketable quantity, 500.0 g or more under Schedule 1 item 146 of the Criminal Code Regulations, is s302.3, 25 years or 5,000 penalty units, or both. A commercial quantity, 1.0 kg or more, is s302.2, imprisonment for life or 7,500 penalty units, or both. Under s302.5 a person who prepares, transports, guards or possesses a trafficable quantity, 3.0 g or more, is taken to have intended to sell unless they prove they had neither that intention nor belief, a legal burden (s13.4). Manufacturing ketamine for a commercial purpose is s305.5, 10 years or 2,000 penalty units, or both (12 years or 2,400 penalty units if a child under 14 is exposed, s310.4); s305.4 for a marketable quantity, 25 years or 5,000 penalty units (28 years or 5,600 aggravated); s305.3 for a commercial quantity, imprisonment for life or 7,500 penalty units, or both. Under s305.6 manufacturing a trafficable quantity presumes the commercial purpose, rebuttably. Import and export are offences of their own in Division 307 against the border controlled drug listing (Schedule 2 item 110): s307.3, imprisonment for 10 years or 2,000 penalty units, or both, with a defence if the person proves no intention or belief that any would be sold; s307.4, which needs no commercial intent, 2 years or 400 penalty units, or both; s307.2 for a marketable quantity (3.0 g or more), 25 years or 5,000 penalty units, or both; s307.1 for a commercial quantity (1.0 kg or more), imprisonment for life or 7,500 penalty units, or both. Possessing an unlawfully imported quantity is s307.5 to s307.7 on the same thresholds, and possessing one reasonably suspected of unlawful import is s307.8 to s307.10. The Customs Act s233(5) leaves border controlled drugs to these offences rather than to the Customs Act smuggling offence. Possessing ketamine as a controlled drug is s308.1, imprisonment for 2 years or 400 penalty units, or both, and s308.1(3) lets the court deal with the offender as if the offence were the state or territory possession offence, so diversion available there is available here. Supplying any quantity to a child is s309.2, 15 years or 3,000 penalty units, or both. Part 9.1, other than the import and export offences in Division 307, does not apply to conduct justified or excused by or under a state or territory law (s313.1), which is how lawful prescribing and dispensing sit outside it. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together. Quantities are proved under s312.1 as in force on 2 October 2026, by the pure drug in a mixture. A substituted s312.1, enacted by the Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2026 (assented to 26 August 2026), Schedule 2 Part 2, will «treat the mixture as consisting wholly of the prohibited substance»; it commences on a day fixed by Proclamation or at the latest on 26 August 2027, and no Proclamation was found when this was read.
- If prescribed / medical
- Ketamine has a prescription route as a Schedule 8 controlled drug. The Reader's guide, which is not part of the instrument, describes Schedule 8 as «Substances which should be available for use but require restriction of manufacture, supply, distribution, possession and use to reduce abuse, misuse and physical or psychological dependence.» Prescribing, dispensing and the permits a prescriber may need are state and territory law. Possession under a lawful prescription is conduct justified or excused by state or territory law, so Part 9.1 outside Division 307 does not apply to it (s313.1), and Criminal Code s10.5 provides «A person is not criminally responsible for an offence if the conduct constituting the offence is justified or excused by or under a law.» Non-medical possession falls outside any prescription route.
- Documentation
- Traveller rule, Commonwealth: regulation 5(2)(b) of the Customs (Prohibited Imports) Regulations 1956 lifts the import prohibition for a drug carried by a passenger on a ship or aircraft that «is required for the medical treatment of the person or of another passenger under the care of the person», «was prescribed by a medical practitioner for the purposes of that treatment» and «was supplied to the person in accordance with the prescription of the medical practitioner referred to in subparagraph (ii)». Therapeutic Goods Regulations 1990 Schedule 5 item 1 (Compilation No. 130, compilation date 8 September 2026) covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family» and limits the personal import to «not more than 3 months’ supply at the maximum dose recommended by the manufacturer» in one importation and, for goods in Schedule 4 or Schedule 8 of the current Poisons Standard, requires a written authority from a medical practitioner, or an overseas medical practitioner where the goods are carried by a passenger. The Australian Border Force traveller guidance (abf.gov.au, read 2 October 2026) asks the traveller to «carry a letter or copy of your prescription (written in English) from your doctor to certify that the medicine has been prescribed to you to treat a medical condition», to keep the medicine in its original packaging and to declare it on arrival. Anything outside that exemption needs an import licence and permission from the Office of Drug Control under regulation 5(1). Where the medicine is also a border controlled drug, Division 307 of the Criminal Code has no traveller exception of its own; the traveller relies on Criminal Code s10.5, «A person is not criminally responsible for an offence if the conduct constituting the offence is justified or excused by or under a law.», on the footing that an import within regulation 5(2)(b) is so excused. That footing is this cell's reading of the provisions; no decision applying it was read. The Therapeutic Goods Administration and Office of Drug Control traveller pages (tga.gov.au, odc.gov.au) did not respond from this network on 2 October 2026 (curl timeout after 60 seconds, twice, and a second fetcher timed out), so nothing in this cell rests on them.
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
Khat
- Legal status
- Controlled through its constituents and as a named plant import. The leaf of Catha edulis is named in the Customs (Prohibited Imports) Regulations 1956 Schedule 4 item 204, «Plants and parts of plants of the following genus or species:», at «(aa) Catha edulis (otherwise known as khat);», so every import needs a licence and permission. The plant is not listed as a controlled plant or border controlled plant in the Criminal Code Regulations 2019 as in force on 2 October 2026; it is reached by Part 9.1 because fresh leaf contains cathinone, a controlled drug (Schedule 1 item 52) and border controlled drug (Schedule 2 item 38), and Part 9.1 measures a mixture by its pure cathinone content under s312.1 as in force. In F2026L01327 cathinone is within «CATHINONES except when separately specified in these Schedules.» in Schedule 9, the leaf is reached through s7(a) and (g), and cathine, khat's other alkaloid, is Schedule 4 («CATHINE.»). Cathine is not listed in the Criminal Code Regulations, but it is cathinone with the ketone reduced, s301.9(1)(c)(ii), so on this data set's method it is a drug analogue of cathinone (see consequences). The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» The leaf counts by its cathinone content under s312.1 as in force. Trafficking cathinone in khat (s302.1: selling, preparing for supply, transporting, guarding or possessing with intent to sell) is s302.4, imprisonment for 10 years or 2,000 penalty units, or both. Trafficking a marketable quantity, 250.0 g or more under Schedule 1 item 52 of the Criminal Code Regulations, is s302.3, 25 years or 5,000 penalty units, or both. A commercial quantity, 0.75 kg or more, is s302.2, imprisonment for life or 7,500 penalty units, or both. Under s302.5 a person who prepares, transports, guards or possesses a trafficable quantity, 0.75 g or more, is taken to have intended to sell unless they prove they had neither that intention nor belief, a legal burden (s13.4). Manufacturing cathinone in khat for a commercial purpose is s305.5, 10 years or 2,000 penalty units, or both (12 years or 2,400 penalty units if a child under 14 is exposed, s310.4); s305.4 for a marketable quantity, 25 years or 5,000 penalty units (28 years or 5,600 aggravated); s305.3 for a commercial quantity, imprisonment for life or 7,500 penalty units, or both. Under s305.6 manufacturing a trafficable quantity presumes the commercial purpose, rebuttably. Import and export are offences of their own in Division 307 against the border controlled drug listing (Schedule 2 item 38): s307.3, imprisonment for 10 years or 2,000 penalty units, or both, with a defence if the person proves no intention or belief that any would be sold; s307.4, which needs no commercial intent, 2 years or 400 penalty units, or both; s307.2 for a marketable quantity (2.0 g or more), 25 years or 5,000 penalty units, or both; s307.1 for a commercial quantity (0.75 kg or more), imprisonment for life or 7,500 penalty units, or both. Possessing an unlawfully imported quantity is s307.5 to s307.7 on the same thresholds, and possessing one reasonably suspected of unlawful import is s307.8 to s307.10. The Customs Act s233(5) leaves border controlled drugs to these offences rather than to the Customs Act smuggling offence. Possessing cathinone in khat as a controlled drug is s308.1, imprisonment for 2 years or 400 penalty units, or both, and s308.1(3) lets the court deal with the offender as if the offence were the state or territory possession offence, so diversion available there is available here. Supplying any quantity to a child is s309.2, 15 years or 3,000 penalty units, or both. Part 9.1, other than the import and export offences in Division 307, does not apply to conduct justified or excused by or under a state or territory law (s313.1), which is how lawful prescribing and dispensing sit outside it. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together. Quantities are proved under s312.1 as in force on 2 October 2026, by the pure drug in a mixture. A substituted s312.1, enacted by the Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2026 (assented to 26 August 2026), Schedule 2 Part 2, will «treat the mixture as consisting wholly of the prohibited substance»; it commences on a day fixed by Proclamation or at the latest on 26 August 2027, and no Proclamation was found when this was read. Once the Omnibus Act's substituted s312.1 commences, the whole leaf weight will be treated as cathinone, which would measure the whole leaf weight against the 0.75 g trafficable threshold. The leaf is separately a prohibited import under Prohibited Imports Regulations Schedule 4 item 204(aa), so importing it without a licence and permission contravenes Customs Act s233(1)(b), and possessing unlawfully imported leaf contravenes s233(1)(d); both are strict liability (s233(1AB)) and punishable under s233AB(2) by a fine only, not exceeding 3 times the value of the goods or 1,000 penalty units, whichever is greater. s233(5) takes narcotic goods out of s233, and Customs Act s4 defines narcotic goods as «goods that consist of a narcotic substance»; fresh leaf contains cathinone rather than consisting of it, so on the words s233 still reaches it alongside Division 307, a point no decision read for this cell settles. Leaf whose cathinone has degraded to cathine is not outside Part 9.1 on this data set's method. Cathine is cathinone with its ketone reduced to an alcohol, the step s301.9(1)(c)(ii) describes, «(ii) by the addition of hydrogen atoms to one or more unsaturated bonds», the same step the ephedrine cell treats as plain from methcathinone. Cathine is not itself listed in Schedule 1 or Schedule 2 of the Criminal Code Regulations, so s301.9(3) does not exclude it, and on the method it is a drug analogue of cathinone: a controlled drug and border controlled drug at cathinone's quantities (Schedule 1 item 52: commercial 0.75 kg, marketable 250.0 g, trafficable 0.75 g; Schedule 2 item 38: commercial 0.75 kg, marketable 2.0 g), so cathine-only leaf carries the same Part 9.1 ladder and Division 307 offences set out above, measured by its cathine content. One caution, recorded rather than applied: the Regulations list phenylpropanolamine, a stereoisomer of cathine, as a controlled precursor (s13 item 9) and border controlled precursor, and a court could treat that as the same kind of counter-signal that makes the ephedrine analogue reading conditional; cathine itself is not so listed. No decision applying s301.9 to cathine was read. The leaf is in any case a prohibited import under item 204(aa), so s233 also reaches it on the reading stated above.
- If prescribed / medical
- No prescription route: Khat, through its cathinone, sits in Schedule 9 of F2026L01327. The Reader's guide, which is not part of the instrument, describes Schedule 9 as «Substances which may be abused or misused, the manufacture, possession, supply or use of which should be prohibited by law except when required for medical or scientific research, or for analytical, teaching or training purposes with approval of Commonwealth and/or State or Territory Health Authorities.» Outside an approved clinical trial or research, there is no lawful medical supply in Australia on anything read for this cell, and a foreign prescription does not change the Commonwealth position.
- Documentation
- No traveller exemption is shown for khat. The Australian Border Force traveller guidance (abf.gov.au, read 2 October 2026) covers «Prescription medicines such as morphine, oxycodone, methadone, methylphenidate, Adderall®, and benzodiazepines» and nothing read for this cell treats a foreign prescription for khat as lawful authority for an import that Division 307 otherwise punishes. An import needs an Office of Drug Control licence and permission under regulation 5(1) of the Customs (Prohibited Imports) Regulations 1956, and regulation 5(10) lets permission be granted only where, in the cases that apply to a private person, the drug «is required by the applicant for medical or scientific purposes». The personal importation rule in Therapeutic Goods Regulations 1990 Schedule 5 item 1, which covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family», does not help where the substance is a prohibited import, because it applies only where «the goods do not contain a substance the importation of which is prohibited under the Customs Act 1901».
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
Kratom
- Legal status
- Prohibited under the Poisons Standard and a prohibited import; not a Criminal Code drug. F2026L01327 names the plant and its principal alkaloid in Schedule 9, «MITRAGYNA SPECIOSA.» and «MITRAGYNINE.», and s7(c) extends the entries to every «active principle», which covers 7-hydroxymitragynine. Customs (Prohibited Imports) Regulations 1956 Schedule 4 names the plant at item 204, «Plants and parts of plants of the following genus or species:», «(g) Mitragyna speciosa;», and the alkaloid at «153A Mitragynine». It is not listed in Schedule 1 or Schedule 2 of the Criminal Code Regulations 2019 (Compilation No. 6). Nearest listed drug: harmine (Schedule 2 item 97), a beta-carboline listed only as a border controlled drug; no Schedule 1 drug shares the ring system, the nearest being the tryptamines such as N,N-dimethyltryptamine (Schedule 1 item 98). Limb (a) of s301.9(1) does not reach it because its molecular formula differs from harmine's and from each tryptamine's, so it is no isomer of them, and it is not an alkaloid of either; limb (c) does not, because mitragynine's indoloquinolizidine core adds a further ring to harmine's three-ring beta-carboline and to the tryptamine skeleton, and adding a ring is none of the s301.9(1)(c) modifications; and on the method stated next limb (d) does not, because adding a whole ring puts it outside s301.9 on that method. The method used for every row is a reading, not a rule the Act states: a modification that limb (a) or limb (c) plainly describes is treated as making a drug analogue; one contestable modification (a swap within one paragraph of s301.9(2), or a core ring replaced), a single limb (d) change from the listed drug, or an express exclusion or different listing in the Regulations is treated as making the exposure conditional; anything more, including adding or removing a ring, is treated as outside s301.9. Because s301.9(1)(c) allows a modification «obtained in one or more of the following ways», the tier this gives can depend on how a change is described, and nothing read settles which description governs. No court decision applying s301.9 to mitragynine was read, so this is a reading of the text. The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» No Commonwealth offence reaches possession, sale, supply, manufacture or use of kratom inside Australia; those are state and territory poisons offences built on its Poisons Standard placement. At the border it is a prohibited import under regulation 5 of the Customs (Prohibited Imports) Regulations 1956, which names Mitragyna speciosa and mitragynine at Schedule 4 items 204(g) and 153A. Importing it without a licence and permission, or outside the traveller exemption, contravenes Customs Act 1901 s233(1)(b), and having unlawfully imported goods in possession contravenes s233(1)(d); both are strict liability (s233(1AB)) and are punishable under s233AB(2) by a fine only, not exceeding 3 times the value of the goods or 1,000 penalty units ($364,000), whichever is greater. Customs Act s233(5) takes narcotic goods, meaning border controlled drugs and plants, out of s233, which is why Division 307 and not s233 governs a border controlled drug. Part 9.2 does not apply, because s320.2(2)(k) excludes a prohibited import. Part 9.2 would also exclude it independently as a plant, s320.2(2)(ia). There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together.
- If prescribed / medical
- No prescription route: Kratom sits in Schedule 9 of F2026L01327. The Reader's guide, which is not part of the instrument, describes Schedule 9 as «Substances which may be abused or misused, the manufacture, possession, supply or use of which should be prohibited by law except when required for medical or scientific research, or for analytical, teaching or training purposes with approval of Commonwealth and/or State or Territory Health Authorities.» Outside an approved clinical trial or research, there is no lawful medical supply in Australia on anything read for this cell, and a foreign prescription does not change the Commonwealth position.
- Documentation
- No traveller exemption is shown for a Schedule 9 substance. The Australian Border Force traveller guidance (abf.gov.au, read 2 October 2026) covers «Prescription medicines such as morphine, oxycodone, methadone, methylphenidate, Adderall®, and benzodiazepines» and nothing read for this cell treats a foreign prescription for a Schedule 9 substance as lawful authority for an import. An import needs an Office of Drug Control licence and permission under regulation 5(1) of the Customs (Prohibited Imports) Regulations 1956, and regulation 5(10) lets permission be granted only where, in the cases that apply to a private person, the drug «is required by the applicant for medical or scientific purposes». The personal importation rule in Therapeutic Goods Regulations 1990 Schedule 5 item 1, which covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family», does not help where the substance is a prohibited import, because it applies only where «the goods do not contain a substance the importation of which is prohibited under the Customs Act 1901».
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
Lorazepam
- Legal status
- Prescription only medicine and prohibited import; not a Criminal Code drug. F2026L01327 names lorazepam in Schedule 4, «# LORAZEPAM.», the # marking an Appendix D control, and Appendix D clause 5 lists «BENZODIAZEPINE DERIVATIVES, including those separately specified in Schedule 4 and Schedule 8» among poisons that «must not be possessed by a person without authority». The Customs (Prohibited Imports) Regulations 1956 name it, «122 Lorazepam». Lorazepam is 7-chloro-5-(2-chlorophenyl)-3-hydroxy-1,3-dihydro-2H-1,4-benzodiazepin-2-one. It is not listed in Schedule 1 or Schedule 2 of the Criminal Code Regulations 2019 (Compilation No. 6). Nearest listed drug: bromazolam (Schedule 1 item 36A, Schedule 2 item 31A), the one benzodiazepine the Regulations list. Limb (a) of s301.9(1) does not reach it because it is not a stereoisomer, a structural isomer or an alkaloid of bromazolam; its molecular formula differs; limb (c) does not, because reaching it from bromazolam would remove the whole fused triazole ring with its methyl group and add a ring carbonyl and a hydroxy group, swap bromine for chlorine and add a chlorine to the phenyl ring, and removing a ring is none of the s301.9(1)(c) modifications; and on the method stated next limb (d) does not, because removing a whole ring puts it outside s301.9 on that method, whatever view is taken of the remaining changes. The method used for every row is a reading, not a rule the Act states: a modification that limb (a) or limb (c) plainly describes is treated as making a drug analogue; one contestable modification (a swap within one paragraph of s301.9(2), or a core ring replaced), a single limb (d) change from the listed drug, or an express exclusion or different listing in the Regulations is treated as making the exposure conditional; anything more, including adding or removing a ring, is treated as outside s301.9. Because s301.9(1)(c) allows a modification «obtained in one or more of the following ways», the tier this gives can depend on how a change is described, and nothing read settles which description governs. No court decision applying s301.9 to lorazepam was read, so this is a reading of the text. The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» No Commonwealth offence reaches possession, sale, supply, manufacture or use of lorazepam inside Australia; those are state and territory poisons offences built on its Poisons Standard placement. At the border it is a prohibited import under regulation 5 of the Customs (Prohibited Imports) Regulations 1956, which names lorazepam at Schedule 4 item 122. Importing it without a licence and permission, or outside the traveller exemption, contravenes Customs Act 1901 s233(1)(b), and having unlawfully imported goods in possession contravenes s233(1)(d); both are strict liability (s233(1AB)) and are punishable under s233AB(2) by a fine only, not exceeding 3 times the value of the goods or 1,000 penalty units ($364,000), whichever is greater. Customs Act s233(5) takes narcotic goods, meaning border controlled drugs and plants, out of s233, which is why Division 307 and not s233 governs a border controlled drug. Part 9.2 does not apply, because s320.2(2)(k) excludes a prohibited import. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together.
- If prescribed / medical
- Lorazepam is a Schedule 4 prescription only medicine. The Reader's guide, which is not part of the instrument, describes Schedule 4 as «Substances, the use or supply of which should be by or on the order of persons permitted by State or Territory legislation to prescribe and should be available from a pharmacist on prescription.» Appendix D clause 5 of F2026L01327 lists «BENZODIAZEPINE DERIVATIVES, including those separately specified in Schedule 4 and Schedule 8» among the poisons that «must not be possessed by a person without authority (for example, possession other than in accordance with a legal prescription)», so possession without a prescription is meant to be an offence once each state and territory adopts it. Possession under a lawful prescription is lawful under state and territory law; no Commonwealth offence is engaged.
- Documentation
- Traveller rule, Commonwealth: regulation 5(2)(b) of the Customs (Prohibited Imports) Regulations 1956 lifts the import prohibition for a drug carried by a passenger on a ship or aircraft that «is required for the medical treatment of the person or of another passenger under the care of the person», «was prescribed by a medical practitioner for the purposes of that treatment» and «was supplied to the person in accordance with the prescription of the medical practitioner referred to in subparagraph (ii)». Therapeutic Goods Regulations 1990 Schedule 5 item 1 (Compilation No. 130, compilation date 8 September 2026) covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family» and limits the personal import to «not more than 3 months’ supply at the maximum dose recommended by the manufacturer» in one importation and, for goods in Schedule 4 or Schedule 8 of the current Poisons Standard, requires a written authority from a medical practitioner, or an overseas medical practitioner where the goods are carried by a passenger. The Australian Border Force traveller guidance (abf.gov.au, read 2 October 2026) asks the traveller to «carry a letter or copy of your prescription (written in English) from your doctor to certify that the medicine has been prescribed to you to treat a medical condition», to keep the medicine in its original packaging and to declare it on arrival. Anything outside that exemption needs an import licence and permission from the Office of Drug Control under regulation 5(1). Where the medicine is also a border controlled drug, Division 307 of the Criminal Code has no traveller exception of its own; the traveller relies on Criminal Code s10.5, «A person is not criminally responsible for an offence if the conduct constituting the offence is justified or excused by or under a law.», on the footing that an import within regulation 5(2)(b) is so excused. That footing is this cell's reading of the provisions; no decision applying it was read. The Therapeutic Goods Administration and Office of Drug Control traveller pages (tga.gov.au, odc.gov.au) did not respond from this network on 2 October 2026 (curl timeout after 60 seconds, twice, and a second fetcher timed out), so nothing in this cell rests on them. The ABF guidance names lorazepam expressly where it lists sedatives: «Sedatives include prescription medicines from the benzodiazepines group (eg diazepam, lorazepam).»
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
LSA (Morning Glory)
- Legal status
- Controlled. LSA (ergine, d-lysergic acid amide) is lysergamide itself, so it is listed by name in the Criminal Code Regulations 2019: Schedule 1 item 151 «Lysergamides» (commercial 0.01 kg, trafficable 0.01 g, no marketable quantity listed) and Schedule 2 item 115 «Lysergamide» (commercial 0.01 kg, marketable 0.1 g). The Customs (Prohibited Imports) Regulations 1956 Schedule 4 name «124 Lysergamide» and, at item 204, «Plants and parts of plants» of the LSA-bearing species «(a) Argyreia nervosa», «(c) Ipomoea hederacea», «(d) Ipomoea tricolor», «(e) Ipomoea violacea» and «(j) Rivea corymbosa», so the seeds are prohibited imports as plant parts. Poisons Standard: LSA is not named in F2026L01327; it is the amide of «LYSERGIC ACID.» in Schedule 9, which s7(c) extends to every «derivative of the substance». Poisons Standard s7(c) extends a named substance to «every salt, active principle or derivative of the substance, including esters and ethers», and the instrument does not define derivative. This data set reads it with the definition the Customs (Prohibited Imports) Regulations 1956 give in regulation 5(20), «any substance chemically derived from the chemical or compound and from which the chemical or compound may be regenerated»: a salt, ester, ether or amide from which the named substance is regenerated is a derivative, and a compound from which it cannot be regenerated is not shown as one. Lysergic acid is regenerated from its amide by hydrolysis, so on the derivative reading LSA is a Schedule 9 substance as in force on 2 October 2026. The seed plants themselves are not named in the Poisons Standard. The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» Because item 151 lists no marketable quantity, the trafficking and manufacture ladders stop at s302.4 and s302.2. Trafficking LSA (s302.1: selling, preparing for supply, transporting, guarding or possessing with intent to sell) is s302.4, imprisonment for 10 years or 2,000 penalty units, or both. Schedule 1 item 151 lists no marketable quantity, so s302.3 has no threshold to engage for it. A commercial quantity, 0.01 kg or more, is s302.2, imprisonment for life or 7,500 penalty units, or both. Under s302.5 a person who prepares, transports, guards or possesses a trafficable quantity, 0.01 g or more, is taken to have intended to sell unless they prove they had neither that intention nor belief, a legal burden (s13.4). Manufacturing LSA for a commercial purpose is s305.5, 10 years or 2,000 penalty units, or both (12 years or 2,400 penalty units if a child under 14 is exposed, s310.4); s305.3 for a commercial quantity, imprisonment for life or 7,500 penalty units, or both. Under s305.6 manufacturing a trafficable quantity presumes the commercial purpose, rebuttably. Import and export are offences of their own in Division 307 against the border controlled drug listing (Schedule 2 item 115): s307.3, imprisonment for 10 years or 2,000 penalty units, or both, with a defence if the person proves no intention or belief that any would be sold; s307.4, which needs no commercial intent, 2 years or 400 penalty units, or both; s307.2 for a marketable quantity (0.1 g or more), 25 years or 5,000 penalty units, or both; s307.1 for a commercial quantity (0.01 kg or more), imprisonment for life or 7,500 penalty units, or both. Possessing an unlawfully imported quantity is s307.5 to s307.7 on the same thresholds, and possessing one reasonably suspected of unlawful import is s307.8 to s307.10. The Customs Act s233(5) leaves border controlled drugs to these offences rather than to the Customs Act smuggling offence. Possessing LSA as a controlled drug is s308.1, imprisonment for 2 years or 400 penalty units, or both, and s308.1(3) lets the court deal with the offender as if the offence were the state or territory possession offence, so diversion available there is available here. Supplying any quantity to a child is s309.2, 15 years or 3,000 penalty units, or both. Part 9.1, other than the import and export offences in Division 307, does not apply to conduct justified or excused by or under a state or territory law (s313.1), which is how lawful prescribing and dispensing sit outside it. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together. Quantities are proved under s312.1 as in force on 2 October 2026, by the pure drug in a mixture. A substituted s312.1, enacted by the Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2026 (assented to 26 August 2026), Schedule 2 Part 2, will «treat the mixture as consisting wholly of the prohibited substance»; it commences on a day fixed by Proclamation or at the latest on 26 August 2027, and no Proclamation was found when this was read. The seeds are reached as a prohibited import of plant parts and, when they contain LSA, as a mixture containing a controlled drug.
- If prescribed / medical
- No prescription route: LSA, as a derivative of lysergic acid, sits in Schedule 9 of F2026L01327. The Reader's guide, which is not part of the instrument, describes Schedule 9 as «Substances which may be abused or misused, the manufacture, possession, supply or use of which should be prohibited by law except when required for medical or scientific research, or for analytical, teaching or training purposes with approval of Commonwealth and/or State or Territory Health Authorities.» Outside an approved clinical trial or research, there is no lawful medical supply in Australia on anything read for this cell, and a foreign prescription does not change the Commonwealth position.
- Documentation
- No traveller exemption is shown for a Schedule 9 substance. The Australian Border Force traveller guidance (abf.gov.au, read 2 October 2026) covers «Prescription medicines such as morphine, oxycodone, methadone, methylphenidate, Adderall®, and benzodiazepines» and nothing read for this cell treats a foreign prescription for a Schedule 9 substance as lawful authority for an import that Division 307 otherwise punishes. An import needs an Office of Drug Control licence and permission under regulation 5(1) of the Customs (Prohibited Imports) Regulations 1956, and regulation 5(10) lets permission be granted only where, in the cases that apply to a private person, the drug «is required by the applicant for medical or scientific purposes». The personal importation rule in Therapeutic Goods Regulations 1990 Schedule 5 item 1, which covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family», does not help where the substance is a prohibited import, because it applies only where «the goods do not contain a substance the importation of which is prohibited under the Customs Act 1901».
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
LSD
- Legal status
- Prohibited. Lysergide (LSD) is named in Schedule 9 of F2026L01327 as «LYSERGIDE.», and lysergic acid, its precursor, separately as «LYSERGIC ACID.». Criminal Code Regulations 2019: a controlled drug at Schedule 1 item 152 (commercial quantity 0.002 kg, marketable 0.05 g, trafficable 0.002 g) and a border controlled drug at Schedule 2 item 116 (commercial 0.002 kg, marketable 0.002 g). Customs (Prohibited Imports) Regulations 1956 Schedule 4 item 126 («126 Lysergide»). The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» Trafficking lysergide (s302.1: selling, preparing for supply, transporting, guarding or possessing with intent to sell) is s302.4, imprisonment for 10 years or 2,000 penalty units, or both. Trafficking a marketable quantity, 0.05 g or more under Schedule 1 item 152 of the Criminal Code Regulations, is s302.3, 25 years or 5,000 penalty units, or both. A commercial quantity, 0.002 kg or more, is s302.2, imprisonment for life or 7,500 penalty units, or both. Under s302.5 a person who prepares, transports, guards or possesses a trafficable quantity, 0.002 g or more, is taken to have intended to sell unless they prove they had neither that intention nor belief, a legal burden (s13.4). Manufacturing lysergide for a commercial purpose is s305.5, 10 years or 2,000 penalty units, or both (12 years or 2,400 penalty units if a child under 14 is exposed, s310.4); s305.4 for a marketable quantity, 25 years or 5,000 penalty units (28 years or 5,600 aggravated); s305.3 for a commercial quantity, imprisonment for life or 7,500 penalty units, or both. Under s305.6 manufacturing a trafficable quantity presumes the commercial purpose, rebuttably. Import and export are offences of their own in Division 307 against the border controlled drug listing (Schedule 2 item 116): s307.3, imprisonment for 10 years or 2,000 penalty units, or both, with a defence if the person proves no intention or belief that any would be sold; s307.4, which needs no commercial intent, 2 years or 400 penalty units, or both; s307.2 for a marketable quantity (0.002 g or more), 25 years or 5,000 penalty units, or both; s307.1 for a commercial quantity (0.002 kg or more), imprisonment for life or 7,500 penalty units, or both. Possessing an unlawfully imported quantity is s307.5 to s307.7 on the same thresholds, and possessing one reasonably suspected of unlawful import is s307.8 to s307.10. The Customs Act s233(5) leaves border controlled drugs to these offences rather than to the Customs Act smuggling offence. Possessing lysergide as a controlled drug is s308.1, imprisonment for 2 years or 400 penalty units, or both, and s308.1(3) lets the court deal with the offender as if the offence were the state or territory possession offence, so diversion available there is available here. Supplying any quantity to a child is s309.2, 15 years or 3,000 penalty units, or both. Part 9.1, other than the import and export offences in Division 307, does not apply to conduct justified or excused by or under a state or territory law (s313.1), which is how lawful prescribing and dispensing sit outside it. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together. Quantities are proved under s312.1 as in force on 2 October 2026, by the pure drug in a mixture. A substituted s312.1, enacted by the Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2026 (assented to 26 August 2026), Schedule 2 Part 2, will «treat the mixture as consisting wholly of the prohibited substance»; it commences on a day fixed by Proclamation or at the latest on 26 August 2027, and no Proclamation was found when this was read. The LSD thresholds are the smallest in the Schedule: 0.002 g is already a trafficable quantity.
- If prescribed / medical
- No prescription route: Lysergide sits in Schedule 9 of F2026L01327. The Reader's guide, which is not part of the instrument, describes Schedule 9 as «Substances which may be abused or misused, the manufacture, possession, supply or use of which should be prohibited by law except when required for medical or scientific research, or for analytical, teaching or training purposes with approval of Commonwealth and/or State or Territory Health Authorities.» Outside an approved clinical trial or research, there is no lawful medical supply in Australia on anything read for this cell, and a foreign prescription does not change the Commonwealth position.
- Documentation
- No traveller exemption is shown for a Schedule 9 substance. The Australian Border Force traveller guidance (abf.gov.au, read 2 October 2026) covers «Prescription medicines such as morphine, oxycodone, methadone, methylphenidate, Adderall®, and benzodiazepines» and nothing read for this cell treats a foreign prescription for a Schedule 9 substance as lawful authority for an import that Division 307 otherwise punishes. An import needs an Office of Drug Control licence and permission under regulation 5(1) of the Customs (Prohibited Imports) Regulations 1956, and regulation 5(10) lets permission be granted only where, in the cases that apply to a private person, the drug «is required by the applicant for medical or scientific purposes». The personal importation rule in Therapeutic Goods Regulations 1990 Schedule 5 item 1, which covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family», does not help where the substance is a prohibited import, because it applies only where «the goods do not contain a substance the importation of which is prohibited under the Customs Act 1901».
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
MDA
- Legal status
- Prohibited. MDA is named in Schedule 9 of F2026L01327 as «3,4-METHYLENEDIOXYAMFETAMINE *(MDA).». Criminal Code Regulations 2019: a controlled drug at Schedule 1 item 173 (commercial quantity 0.75 kg, marketable 100.0 g, trafficable 0.5 g) and a border controlled drug at Schedule 2 item 133 (commercial 0.75 kg, marketable 0.5 g). Customs (Prohibited Imports) Regulations 1956 Schedule 4 item 145 («145 3,4-methylenedioxyamphetamine»). The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» Trafficking MDA (s302.1: selling, preparing for supply, transporting, guarding or possessing with intent to sell) is s302.4, imprisonment for 10 years or 2,000 penalty units, or both. Trafficking a marketable quantity, 100.0 g or more under Schedule 1 item 173 of the Criminal Code Regulations, is s302.3, 25 years or 5,000 penalty units, or both. A commercial quantity, 0.75 kg or more, is s302.2, imprisonment for life or 7,500 penalty units, or both. Under s302.5 a person who prepares, transports, guards or possesses a trafficable quantity, 0.5 g or more, is taken to have intended to sell unless they prove they had neither that intention nor belief, a legal burden (s13.4). Manufacturing MDA for a commercial purpose is s305.5, 10 years or 2,000 penalty units, or both (12 years or 2,400 penalty units if a child under 14 is exposed, s310.4); s305.4 for a marketable quantity, 25 years or 5,000 penalty units (28 years or 5,600 aggravated); s305.3 for a commercial quantity, imprisonment for life or 7,500 penalty units, or both. Under s305.6 manufacturing a trafficable quantity presumes the commercial purpose, rebuttably. Import and export are offences of their own in Division 307 against the border controlled drug listing (Schedule 2 item 133): s307.3, imprisonment for 10 years or 2,000 penalty units, or both, with a defence if the person proves no intention or belief that any would be sold; s307.4, which needs no commercial intent, 2 years or 400 penalty units, or both; s307.2 for a marketable quantity (0.5 g or more), 25 years or 5,000 penalty units, or both; s307.1 for a commercial quantity (0.75 kg or more), imprisonment for life or 7,500 penalty units, or both. Possessing an unlawfully imported quantity is s307.5 to s307.7 on the same thresholds, and possessing one reasonably suspected of unlawful import is s307.8 to s307.10. The Customs Act s233(5) leaves border controlled drugs to these offences rather than to the Customs Act smuggling offence. Possessing MDA as a controlled drug is s308.1, imprisonment for 2 years or 400 penalty units, or both, and s308.1(3) lets the court deal with the offender as if the offence were the state or territory possession offence, so diversion available there is available here. Supplying any quantity to a child is s309.2, 15 years or 3,000 penalty units, or both. Part 9.1, other than the import and export offences in Division 307, does not apply to conduct justified or excused by or under a state or territory law (s313.1), which is how lawful prescribing and dispensing sit outside it. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together. Quantities are proved under s312.1 as in force on 2 October 2026, by the pure drug in a mixture. A substituted s312.1, enacted by the Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2026 (assented to 26 August 2026), Schedule 2 Part 2, will «treat the mixture as consisting wholly of the prohibited substance»; it commences on a day fixed by Proclamation or at the latest on 26 August 2027, and no Proclamation was found when this was read.
- If prescribed / medical
- No prescription route: MDA sits in Schedule 9 of F2026L01327. The Reader's guide, which is not part of the instrument, describes Schedule 9 as «Substances which may be abused or misused, the manufacture, possession, supply or use of which should be prohibited by law except when required for medical or scientific research, or for analytical, teaching or training purposes with approval of Commonwealth and/or State or Territory Health Authorities.» Outside an approved clinical trial or research, there is no lawful medical supply in Australia on anything read for this cell, and a foreign prescription does not change the Commonwealth position.
- Documentation
- No traveller exemption is shown for a Schedule 9 substance. The Australian Border Force traveller guidance (abf.gov.au, read 2 October 2026) covers «Prescription medicines such as morphine, oxycodone, methadone, methylphenidate, Adderall®, and benzodiazepines» and nothing read for this cell treats a foreign prescription for a Schedule 9 substance as lawful authority for an import that Division 307 otherwise punishes. An import needs an Office of Drug Control licence and permission under regulation 5(1) of the Customs (Prohibited Imports) Regulations 1956, and regulation 5(10) lets permission be granted only where, in the cases that apply to a private person, the drug «is required by the applicant for medical or scientific purposes». The personal importation rule in Therapeutic Goods Regulations 1990 Schedule 5 item 1, which covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family», does not help where the substance is a prohibited import, because it applies only where «the goods do not contain a substance the importation of which is prohibited under the Customs Act 1901».
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
MDMA
- Legal status
- Prohibited, with a narrow medical exception. F2026L01327 places MDMA in Schedule 9, «N, α -DIMETHYL-3,4-(METHYLENEDIOXY)PHENYLETHYLAMINE *(MDMA) except when included in Schedule 8.», and in Schedule 8 only «in preparations for human therapeutic use for the treatment of post-traumatic stress disorder». Appendix D clause 9 confines that supply to a registered specialist psychiatrist holding an authority under Therapeutic Goods Act s19(5) that covers MDMA, or to an approved or notified clinical trial. The Schedule 8 entry is an in-window amendment: the February 2023 issue (F2023L00067, in force from 1 February 2023) printed only the Schedule 9 entry ending «*(MDMA).», and the Schedule 8 entry first appears in the July 2023 issue (F2023L00864, made 23 June 2023, registered 26 June 2023, in force from 1 July 2023). Criminal Code Regulations 2019: a controlled drug at Schedule 1 item 174 (commercial quantity 0.5 kg, marketable 100.0 g, trafficable 0.5 g) and a border controlled drug at Schedule 2 item 134 (commercial 0.5 kg, marketable 0.5 g). Customs (Prohibited Imports) Regulations 1956 Schedule 4 item 146 («146 3,4-methylenedioxymethamphetamine»). The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» Trafficking MDMA (s302.1: selling, preparing for supply, transporting, guarding or possessing with intent to sell) is s302.4, imprisonment for 10 years or 2,000 penalty units, or both. Trafficking a marketable quantity, 100.0 g or more under Schedule 1 item 174 of the Criminal Code Regulations, is s302.3, 25 years or 5,000 penalty units, or both. A commercial quantity, 0.5 kg or more, is s302.2, imprisonment for life or 7,500 penalty units, or both. Under s302.5 a person who prepares, transports, guards or possesses a trafficable quantity, 0.5 g or more, is taken to have intended to sell unless they prove they had neither that intention nor belief, a legal burden (s13.4). Manufacturing MDMA for a commercial purpose is s305.5, 10 years or 2,000 penalty units, or both (12 years or 2,400 penalty units if a child under 14 is exposed, s310.4); s305.4 for a marketable quantity, 25 years or 5,000 penalty units (28 years or 5,600 aggravated); s305.3 for a commercial quantity, imprisonment for life or 7,500 penalty units, or both. Under s305.6 manufacturing a trafficable quantity presumes the commercial purpose, rebuttably. Import and export are offences of their own in Division 307 against the border controlled drug listing (Schedule 2 item 134): s307.3, imprisonment for 10 years or 2,000 penalty units, or both, with a defence if the person proves no intention or belief that any would be sold; s307.4, which needs no commercial intent, 2 years or 400 penalty units, or both; s307.2 for a marketable quantity (0.5 g or more), 25 years or 5,000 penalty units, or both; s307.1 for a commercial quantity (0.5 kg or more), imprisonment for life or 7,500 penalty units, or both. Possessing an unlawfully imported quantity is s307.5 to s307.7 on the same thresholds, and possessing one reasonably suspected of unlawful import is s307.8 to s307.10. The Customs Act s233(5) leaves border controlled drugs to these offences rather than to the Customs Act smuggling offence. Possessing MDMA as a controlled drug is s308.1, imprisonment for 2 years or 400 penalty units, or both, and s308.1(3) lets the court deal with the offender as if the offence were the state or territory possession offence, so diversion available there is available here. Supplying any quantity to a child is s309.2, 15 years or 3,000 penalty units, or both. Part 9.1, other than the import and export offences in Division 307, does not apply to conduct justified or excused by or under a state or territory law (s313.1), which is how lawful prescribing and dispensing sit outside it. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together. Quantities are proved under s312.1 as in force on 2 October 2026, by the pure drug in a mixture. A substituted s312.1, enacted by the Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2026 (assented to 26 August 2026), Schedule 2 Part 2, will «treat the mixture as consisting wholly of the prohibited substance»; it commences on a day fixed by Proclamation or at the latest on 26 August 2027, and no Proclamation was found when this was read.
- If prescribed / medical
- A prescription route exists only for post-traumatic stress disorder: Schedule 8 entry and Appendix D clause 9 require the prescriber to be «registered under State or Territory legislation that forms part of the Health Practitioner Regulation National Law as a specialist psychiatrist» with an authority under subsection 19(5) of the Therapeutic Goods Act that covers MDMA, or supply in an approved or notified clinical trial. Appendix D clause 5 lists MDMA among poisons that «must not be possessed by a person without authority». Outside that route MDMA is Schedule 9. The Reader's guide, which is not part of the instrument, describes Schedule 9 as «Substances which may be abused or misused, the manufacture, possession, supply or use of which should be prohibited by law except when required for medical or scientific research, or for analytical, teaching or training purposes with approval of Commonwealth and/or State or Territory Health Authorities.»
- Documentation
- No traveller exemption is shown for a Schedule 9 substance. The Australian Border Force traveller guidance (abf.gov.au, read 2 October 2026) covers «Prescription medicines such as morphine, oxycodone, methadone, methylphenidate, Adderall®, and benzodiazepines» and nothing read for this cell treats a foreign prescription for a Schedule 9 substance as lawful authority for an import that Division 307 otherwise punishes. An import needs an Office of Drug Control licence and permission under regulation 5(1) of the Customs (Prohibited Imports) Regulations 1956, and regulation 5(10) lets permission be granted only where, in the cases that apply to a private person, the drug «is required by the applicant for medical or scientific purposes». The personal importation rule in Therapeutic Goods Regulations 1990 Schedule 5 item 1, which covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family», does not help where the substance is a prohibited import, because it applies only where «the goods do not contain a substance the importation of which is prohibited under the Customs Act 1901». A foreign MDMA prescription is not an authority under s19(5) of the Therapeutic Goods Act.
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
MDPV
- Legal status
- Prohibited. MDPV is named in Schedule 9 of F2026L01327 as «3,4-METHYLENEDIOXYPYROVALERONE *(MDPV).». Criminal Code Regulations 2019: a controlled drug at Schedule 1 item 177 (commercial quantity 0.75 kg, marketable 250.0 g, trafficable 0.75 g) and a border controlled drug at Schedule 2 item 135 (commercial 0.75 kg, marketable 2.0 g). Customs (Prohibited Imports) Regulations 1956 Schedule 4 item 146B («146B 3,4-methylenedioxypyrovalerone (otherwise known as MDPV)»). The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» Trafficking MDPV (s302.1: selling, preparing for supply, transporting, guarding or possessing with intent to sell) is s302.4, imprisonment for 10 years or 2,000 penalty units, or both. Trafficking a marketable quantity, 250.0 g or more under Schedule 1 item 177 of the Criminal Code Regulations, is s302.3, 25 years or 5,000 penalty units, or both. A commercial quantity, 0.75 kg or more, is s302.2, imprisonment for life or 7,500 penalty units, or both. Under s302.5 a person who prepares, transports, guards or possesses a trafficable quantity, 0.75 g or more, is taken to have intended to sell unless they prove they had neither that intention nor belief, a legal burden (s13.4). Manufacturing MDPV for a commercial purpose is s305.5, 10 years or 2,000 penalty units, or both (12 years or 2,400 penalty units if a child under 14 is exposed, s310.4); s305.4 for a marketable quantity, 25 years or 5,000 penalty units (28 years or 5,600 aggravated); s305.3 for a commercial quantity, imprisonment for life or 7,500 penalty units, or both. Under s305.6 manufacturing a trafficable quantity presumes the commercial purpose, rebuttably. Import and export are offences of their own in Division 307 against the border controlled drug listing (Schedule 2 item 135): s307.3, imprisonment for 10 years or 2,000 penalty units, or both, with a defence if the person proves no intention or belief that any would be sold; s307.4, which needs no commercial intent, 2 years or 400 penalty units, or both; s307.2 for a marketable quantity (2.0 g or more), 25 years or 5,000 penalty units, or both; s307.1 for a commercial quantity (0.75 kg or more), imprisonment for life or 7,500 penalty units, or both. Possessing an unlawfully imported quantity is s307.5 to s307.7 on the same thresholds, and possessing one reasonably suspected of unlawful import is s307.8 to s307.10. The Customs Act s233(5) leaves border controlled drugs to these offences rather than to the Customs Act smuggling offence. Possessing MDPV as a controlled drug is s308.1, imprisonment for 2 years or 400 penalty units, or both, and s308.1(3) lets the court deal with the offender as if the offence were the state or territory possession offence, so diversion available there is available here. Supplying any quantity to a child is s309.2, 15 years or 3,000 penalty units, or both. Part 9.1, other than the import and export offences in Division 307, does not apply to conduct justified or excused by or under a state or territory law (s313.1), which is how lawful prescribing and dispensing sit outside it. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together. Quantities are proved under s312.1 as in force on 2 October 2026, by the pure drug in a mixture. A substituted s312.1, enacted by the Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2026 (assented to 26 August 2026), Schedule 2 Part 2, will «treat the mixture as consisting wholly of the prohibited substance»; it commences on a day fixed by Proclamation or at the latest on 26 August 2027, and no Proclamation was found when this was read.
- If prescribed / medical
- No prescription route: MDPV sits in Schedule 9 of F2026L01327. The Reader's guide, which is not part of the instrument, describes Schedule 9 as «Substances which may be abused or misused, the manufacture, possession, supply or use of which should be prohibited by law except when required for medical or scientific research, or for analytical, teaching or training purposes with approval of Commonwealth and/or State or Territory Health Authorities.» Outside an approved clinical trial or research, there is no lawful medical supply in Australia on anything read for this cell, and a foreign prescription does not change the Commonwealth position.
- Documentation
- No traveller exemption is shown for a Schedule 9 substance. The Australian Border Force traveller guidance (abf.gov.au, read 2 October 2026) covers «Prescription medicines such as morphine, oxycodone, methadone, methylphenidate, Adderall®, and benzodiazepines» and nothing read for this cell treats a foreign prescription for a Schedule 9 substance as lawful authority for an import that Division 307 otherwise punishes. An import needs an Office of Drug Control licence and permission under regulation 5(1) of the Customs (Prohibited Imports) Regulations 1956, and regulation 5(10) lets permission be granted only where, in the cases that apply to a private person, the drug «is required by the applicant for medical or scientific purposes». The personal importation rule in Therapeutic Goods Regulations 1990 Schedule 5 item 1, which covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family», does not help where the substance is a prohibited import, because it applies only where «the goods do not contain a substance the importation of which is prohibited under the Customs Act 1901».
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
Memantine
- Legal status
- Prescription only medicine under the Poisons Standard; no Commonwealth criminal drug status. F2026L01327 names memantine in Schedule 4, «MEMANTINE.». It is an adamantane derivative. It is not listed in Schedule 1 or Schedule 2 of the Criminal Code Regulations 2019 (Compilation No. 6). Nearest listed drug: the arylcyclohexylamines phencyclidine (Schedule 1 item 221) and ketamine (Schedule 1 item 146). Limb (a) of s301.9(1) does not reach it because its molecular formula differs from each of theirs, so it is no isomer, and it is not an alkaloid of a listed drug; limb (c) does not, because memantine has no aryl ring, and its primary amine sits on a three-ring adamantane cage; turning a cyclohexane into that cage adds rings, which is none of the s301.9(1)(c) modifications; and on the method stated next limb (d) does not, because adding rings and removing the aryl ring put it outside s301.9 on that method. The method used for every row is a reading, not a rule the Act states: a modification that limb (a) or limb (c) plainly describes is treated as making a drug analogue; one contestable modification (a swap within one paragraph of s301.9(2), or a core ring replaced), a single limb (d) change from the listed drug, or an express exclusion or different listing in the Regulations is treated as making the exposure conditional; anything more, including adding or removing a ring, is treated as outside s301.9. Because s301.9(1)(c) allows a modification «obtained in one or more of the following ways», the tier this gives can depend on how a change is described, and nothing read settles which description governs. No court decision applying s301.9 to memantine was read, so this is a reading of the text. Nor is it named in Schedule 4 of the Customs (Prohibited Imports) Regulations 1956 as in force on 2 October 2026. The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» No Commonwealth criminal offence reaches possession, sale, supply, manufacture or use of memantine: it is not a controlled or border controlled drug, and it is not a prohibited import under Schedule 4 of the Customs (Prohibited Imports) Regulations 1956 (Compilation No. 147), so the Customs Act 1901 s233 offence for prohibited imports does not reach its import. Supply is controlled by state and territory poisons law applying its Poisons Standard schedule. Part 9.2 of the Criminal Code is the residual import offence: s320.2 punishes importing a psychoactive substance by 5 years or 300 penalty units, or both, and s320.3 importing a substance presented as a serious drug alternative by 2 years or 120 penalty units, or both; s320.2(2) excludes listed or registered therapeutic goods, goods represented for therapeutic use other than as a serious drug alternative, industrial chemicals, a plant or fungus or an extract from one, any serious drug or precursor, and any prohibited import within the meaning of the Customs Act. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together.
- If prescribed / medical
- Memantine is a Schedule 4 prescription only medicine. The Reader's guide, which is not part of the instrument, describes Schedule 4 as «Substances, the use or supply of which should be by or on the order of persons permitted by State or Territory legislation to prescribe and should be available from a pharmacist on prescription.»
- Documentation
- Its import is not prohibited by the Customs (Prohibited Imports) Regulations; the personal import limits are those of the rule in Therapeutic Goods Regulations 1990 Schedule 5 item 1 (Compilation No. 130), which covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family», limited to «not more than 3 months’ supply at the maximum dose recommended by the manufacturer» in one importation, no more than 15 months’ supply in 12 months, and, because it is a Schedule 4 good, a written authority from a medical practitioner, or an overseas medical practitioner where a passenger carries it. The ABF traveller guidance asks travellers to carry «a letter or copy of your prescription (written in English)» and declare the medicine. The Therapeutic Goods Administration and Office of Drug Control traveller pages (tga.gov.au, odc.gov.au) did not respond from this network on 2 October 2026 (curl timeout after 60 seconds, twice, and a second fetcher timed out), so nothing in this cell rests on them.
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
Mephedrone (4-MMC)
- Legal status
- Prohibited. Mephedrone is named in Schedule 9 of F2026L01327 as «4-METHYLMETHCATHINONE *(MEPHEDRONE).», in addition to the class entry «CATHINONES except when separately specified in these Schedules.». Criminal Code Regulations 2019: a controlled drug at Schedule 1 item 183 (commercial quantity 0.75 kg, marketable 250.0 g, trafficable 2.0 g) and a border controlled drug at Schedule 2 item 138 (commercial 0.75 kg, marketable 2.0 g). Customs (Prohibited Imports) Regulations 1956 Schedule 4 item 147A («147A 4-methylmethcathinone»). The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» Trafficking mephedrone (s302.1: selling, preparing for supply, transporting, guarding or possessing with intent to sell) is s302.4, imprisonment for 10 years or 2,000 penalty units, or both. Trafficking a marketable quantity, 250.0 g or more under Schedule 1 item 183 of the Criminal Code Regulations, is s302.3, 25 years or 5,000 penalty units, or both. A commercial quantity, 0.75 kg or more, is s302.2, imprisonment for life or 7,500 penalty units, or both. Under s302.5 a person who prepares, transports, guards or possesses a trafficable quantity, 2.0 g or more, is taken to have intended to sell unless they prove they had neither that intention nor belief, a legal burden (s13.4). Manufacturing mephedrone for a commercial purpose is s305.5, 10 years or 2,000 penalty units, or both (12 years or 2,400 penalty units if a child under 14 is exposed, s310.4); s305.4 for a marketable quantity, 25 years or 5,000 penalty units (28 years or 5,600 aggravated); s305.3 for a commercial quantity, imprisonment for life or 7,500 penalty units, or both. Under s305.6 manufacturing a trafficable quantity presumes the commercial purpose, rebuttably. Import and export are offences of their own in Division 307 against the border controlled drug listing (Schedule 2 item 138): s307.3, imprisonment for 10 years or 2,000 penalty units, or both, with a defence if the person proves no intention or belief that any would be sold; s307.4, which needs no commercial intent, 2 years or 400 penalty units, or both; s307.2 for a marketable quantity (2.0 g or more), 25 years or 5,000 penalty units, or both; s307.1 for a commercial quantity (0.75 kg or more), imprisonment for life or 7,500 penalty units, or both. Possessing an unlawfully imported quantity is s307.5 to s307.7 on the same thresholds, and possessing one reasonably suspected of unlawful import is s307.8 to s307.10. The Customs Act s233(5) leaves border controlled drugs to these offences rather than to the Customs Act smuggling offence. Possessing mephedrone as a controlled drug is s308.1, imprisonment for 2 years or 400 penalty units, or both, and s308.1(3) lets the court deal with the offender as if the offence were the state or territory possession offence, so diversion available there is available here. Supplying any quantity to a child is s309.2, 15 years or 3,000 penalty units, or both. Part 9.1, other than the import and export offences in Division 307, does not apply to conduct justified or excused by or under a state or territory law (s313.1), which is how lawful prescribing and dispensing sit outside it. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together. Quantities are proved under s312.1 as in force on 2 October 2026, by the pure drug in a mixture. A substituted s312.1, enacted by the Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2026 (assented to 26 August 2026), Schedule 2 Part 2, will «treat the mixture as consisting wholly of the prohibited substance»; it commences on a day fixed by Proclamation or at the latest on 26 August 2027, and no Proclamation was found when this was read.
- If prescribed / medical
- No prescription route: Mephedrone sits in Schedule 9 of F2026L01327. The Reader's guide, which is not part of the instrument, describes Schedule 9 as «Substances which may be abused or misused, the manufacture, possession, supply or use of which should be prohibited by law except when required for medical or scientific research, or for analytical, teaching or training purposes with approval of Commonwealth and/or State or Territory Health Authorities.» Outside an approved clinical trial or research, there is no lawful medical supply in Australia on anything read for this cell, and a foreign prescription does not change the Commonwealth position.
- Documentation
- No traveller exemption is shown for a Schedule 9 substance. The Australian Border Force traveller guidance (abf.gov.au, read 2 October 2026) covers «Prescription medicines such as morphine, oxycodone, methadone, methylphenidate, Adderall®, and benzodiazepines» and nothing read for this cell treats a foreign prescription for a Schedule 9 substance as lawful authority for an import that Division 307 otherwise punishes. An import needs an Office of Drug Control licence and permission under regulation 5(1) of the Customs (Prohibited Imports) Regulations 1956, and regulation 5(10) lets permission be granted only where, in the cases that apply to a private person, the drug «is required by the applicant for medical or scientific purposes». The personal importation rule in Therapeutic Goods Regulations 1990 Schedule 5 item 1, which covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family», does not help where the substance is a prohibited import, because it applies only where «the goods do not contain a substance the importation of which is prohibited under the Customs Act 1901».
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
Mescaline
- Legal status
- Prohibited. Mescaline is named in Schedule 9 of F2026L01327 in the entry «3,4,5-TRIMETHOXYPHENETHYLAMINE (mescaline) and other substances structurally derived from methoxy-phenylethylamine except: (a) methoxyphenamine; or (b) when separately specified in this Schedule.», an entry that also reaches its ring-methoxylated relatives. Criminal Code Regulations 2019: a controlled drug at Schedule 1 item 154 (commercial quantity 7.5 kg, marketable 3.75 g, trafficable 7.5 g) and a border controlled drug at Schedule 2 item 118 (commercial 7.5 kg, marketable 7.5 g). Customs (Prohibited Imports) Regulations 1956 Schedule 4 item 133 («133 Mescaline»). The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» Trafficking mescaline (s302.1: selling, preparing for supply, transporting, guarding or possessing with intent to sell) is s302.4, imprisonment for 10 years or 2,000 penalty units, or both. Trafficking a marketable quantity, 3.75 g or more under Schedule 1 item 154 of the Criminal Code Regulations, is s302.3, 25 years or 5,000 penalty units, or both. A commercial quantity, 7.5 kg or more, is s302.2, imprisonment for life or 7,500 penalty units, or both. Under s302.5 a person who prepares, transports, guards or possesses a trafficable quantity, 7.5 g or more, is taken to have intended to sell unless they prove they had neither that intention nor belief, a legal burden (s13.4). Manufacturing mescaline for a commercial purpose is s305.5, 10 years or 2,000 penalty units, or both (12 years or 2,400 penalty units if a child under 14 is exposed, s310.4); s305.4 for a marketable quantity, 25 years or 5,000 penalty units (28 years or 5,600 aggravated); s305.3 for a commercial quantity, imprisonment for life or 7,500 penalty units, or both. Under s305.6 manufacturing a trafficable quantity presumes the commercial purpose, rebuttably. Import and export are offences of their own in Division 307 against the border controlled drug listing (Schedule 2 item 118): s307.3, imprisonment for 10 years or 2,000 penalty units, or both, with a defence if the person proves no intention or belief that any would be sold; s307.4, which needs no commercial intent, 2 years or 400 penalty units, or both; s307.2 for a marketable quantity (7.5 g or more), 25 years or 5,000 penalty units, or both; s307.1 for a commercial quantity (7.5 kg or more), imprisonment for life or 7,500 penalty units, or both. Possessing an unlawfully imported quantity is s307.5 to s307.7 on the same thresholds, and possessing one reasonably suspected of unlawful import is s307.8 to s307.10. The Customs Act s233(5) leaves border controlled drugs to these offences rather than to the Customs Act smuggling offence. Possessing mescaline as a controlled drug is s308.1, imprisonment for 2 years or 400 penalty units, or both, and s308.1(3) lets the court deal with the offender as if the offence were the state or territory possession offence, so diversion available there is available here. Supplying any quantity to a child is s309.2, 15 years or 3,000 penalty units, or both. Part 9.1, other than the import and export offences in Division 307, does not apply to conduct justified or excused by or under a state or territory law (s313.1), which is how lawful prescribing and dispensing sit outside it. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together. Quantities are proved under s312.1 as in force on 2 October 2026, by the pure drug in a mixture. A substituted s312.1, enacted by the Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2026 (assented to 26 August 2026), Schedule 2 Part 2, will «treat the mixture as consisting wholly of the prohibited substance»; it commences on a day fixed by Proclamation or at the latest on 26 August 2027, and no Proclamation was found when this was read. Note the unusual marketable quantity, 3.75 g in Schedule 1 against a commercial quantity of 7.5 kg.
- If prescribed / medical
- No prescription route: Mescaline sits in Schedule 9 of F2026L01327. The Reader's guide, which is not part of the instrument, describes Schedule 9 as «Substances which may be abused or misused, the manufacture, possession, supply or use of which should be prohibited by law except when required for medical or scientific research, or for analytical, teaching or training purposes with approval of Commonwealth and/or State or Territory Health Authorities.» Outside an approved clinical trial or research, there is no lawful medical supply in Australia on anything read for this cell, and a foreign prescription does not change the Commonwealth position.
- Documentation
- No traveller exemption is shown for a Schedule 9 substance. The Australian Border Force traveller guidance (abf.gov.au, read 2 October 2026) covers «Prescription medicines such as morphine, oxycodone, methadone, methylphenidate, Adderall®, and benzodiazepines» and nothing read for this cell treats a foreign prescription for a Schedule 9 substance as lawful authority for an import that Division 307 otherwise punishes. An import needs an Office of Drug Control licence and permission under regulation 5(1) of the Customs (Prohibited Imports) Regulations 1956, and regulation 5(10) lets permission be granted only where, in the cases that apply to a private person, the drug «is required by the applicant for medical or scientific purposes». The personal importation rule in Therapeutic Goods Regulations 1990 Schedule 5 item 1, which covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family», does not help where the substance is a prohibited import, because it applies only where «the goods do not contain a substance the importation of which is prohibited under the Customs Act 1901».
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
Methadone
- Legal status
- Controlled medicine. Methadone is named in Schedule 8 of F2026L01327 as «METHADONE.». Criminal Code Regulations 2019: a controlled drug at Schedule 1 item 156 (commercial quantity 2.0 kg, marketable 250.0 g, trafficable 2.0 g) and a border controlled drug at Schedule 2 item 120 (commercial 2.0 kg, marketable 2.0 g). Customs (Prohibited Imports) Regulations 1956 Schedule 4 item 136 («136 Methadone»). The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» Trafficking methadone (s302.1: selling, preparing for supply, transporting, guarding or possessing with intent to sell) is s302.4, imprisonment for 10 years or 2,000 penalty units, or both. Trafficking a marketable quantity, 250.0 g or more under Schedule 1 item 156 of the Criminal Code Regulations, is s302.3, 25 years or 5,000 penalty units, or both. A commercial quantity, 2.0 kg or more, is s302.2, imprisonment for life or 7,500 penalty units, or both. Under s302.5 a person who prepares, transports, guards or possesses a trafficable quantity, 2.0 g or more, is taken to have intended to sell unless they prove they had neither that intention nor belief, a legal burden (s13.4). Manufacturing methadone for a commercial purpose is s305.5, 10 years or 2,000 penalty units, or both (12 years or 2,400 penalty units if a child under 14 is exposed, s310.4); s305.4 for a marketable quantity, 25 years or 5,000 penalty units (28 years or 5,600 aggravated); s305.3 for a commercial quantity, imprisonment for life or 7,500 penalty units, or both. Under s305.6 manufacturing a trafficable quantity presumes the commercial purpose, rebuttably. Import and export are offences of their own in Division 307 against the border controlled drug listing (Schedule 2 item 120): s307.3, imprisonment for 10 years or 2,000 penalty units, or both, with a defence if the person proves no intention or belief that any would be sold; s307.4, which needs no commercial intent, 2 years or 400 penalty units, or both; s307.2 for a marketable quantity (2.0 g or more), 25 years or 5,000 penalty units, or both; s307.1 for a commercial quantity (2.0 kg or more), imprisonment for life or 7,500 penalty units, or both. Possessing an unlawfully imported quantity is s307.5 to s307.7 on the same thresholds, and possessing one reasonably suspected of unlawful import is s307.8 to s307.10. The Customs Act s233(5) leaves border controlled drugs to these offences rather than to the Customs Act smuggling offence. Possessing methadone as a controlled drug is s308.1, imprisonment for 2 years or 400 penalty units, or both, and s308.1(3) lets the court deal with the offender as if the offence were the state or territory possession offence, so diversion available there is available here. Supplying any quantity to a child is s309.2, 15 years or 3,000 penalty units, or both. Part 9.1, other than the import and export offences in Division 307, does not apply to conduct justified or excused by or under a state or territory law (s313.1), which is how lawful prescribing and dispensing sit outside it. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together. Quantities are proved under s312.1 as in force on 2 October 2026, by the pure drug in a mixture. A substituted s312.1, enacted by the Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2026 (assented to 26 August 2026), Schedule 2 Part 2, will «treat the mixture as consisting wholly of the prohibited substance»; it commences on a day fixed by Proclamation or at the latest on 26 August 2027, and no Proclamation was found when this was read.
- If prescribed / medical
- Methadone has a prescription route as a Schedule 8 controlled drug. The Reader's guide, which is not part of the instrument, describes Schedule 8 as «Substances which should be available for use but require restriction of manufacture, supply, distribution, possession and use to reduce abuse, misuse and physical or psychological dependence.» Prescribing, dispensing and the permits a prescriber may need are state and territory law. Possession under a lawful prescription is conduct justified or excused by state or territory law, so Part 9.1 outside Division 307 does not apply to it (s313.1), and Criminal Code s10.5 provides «A person is not criminally responsible for an offence if the conduct constituting the offence is justified or excused by or under a law.» State and territory law also governs opioid treatment programmes. The Narcotic Drugs Act 1967 (Compilation No. 16, compilation date 14 October 2024) also applies, because it defines drug as «any substance that is a drug for the purposes of the Convention», the Single Convention on Narcotic Drugs, 1961: it licenses the manufacture of narcotic drugs through manufacture licences and permits.
- Documentation
- Traveller rule, Commonwealth: regulation 5(2)(b) of the Customs (Prohibited Imports) Regulations 1956 lifts the import prohibition for a drug carried by a passenger on a ship or aircraft that «is required for the medical treatment of the person or of another passenger under the care of the person», «was prescribed by a medical practitioner for the purposes of that treatment» and «was supplied to the person in accordance with the prescription of the medical practitioner referred to in subparagraph (ii)». Therapeutic Goods Regulations 1990 Schedule 5 item 1 (Compilation No. 130, compilation date 8 September 2026) covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family» and limits the personal import to «not more than 3 months’ supply at the maximum dose recommended by the manufacturer» in one importation and, for goods in Schedule 4 or Schedule 8 of the current Poisons Standard, requires a written authority from a medical practitioner, or an overseas medical practitioner where the goods are carried by a passenger. The Australian Border Force traveller guidance (abf.gov.au, read 2 October 2026) asks the traveller to «carry a letter or copy of your prescription (written in English) from your doctor to certify that the medicine has been prescribed to you to treat a medical condition», to keep the medicine in its original packaging and to declare it on arrival. Anything outside that exemption needs an import licence and permission from the Office of Drug Control under regulation 5(1). Where the medicine is also a border controlled drug, Division 307 of the Criminal Code has no traveller exception of its own; the traveller relies on Criminal Code s10.5, «A person is not criminally responsible for an offence if the conduct constituting the offence is justified or excused by or under a law.», on the footing that an import within regulation 5(2)(b) is so excused. That footing is this cell's reading of the provisions; no decision applying it was read. The Therapeutic Goods Administration and Office of Drug Control traveller pages (tga.gov.au, odc.gov.au) did not respond from this network on 2 October 2026 (curl timeout after 60 seconds, twice, and a second fetcher timed out), so nothing in this cell rests on them.
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Narcotic Drugs Act 1967, Compilation No. 16 · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
Methamphetamine
- Legal status
- Controlled. Methamphetamine is named in Schedule 8 of F2026L01327 as «METAMFETAMINE.», the instrument's international non-proprietary spelling; its only lawful supply is under a lawful prescription. Criminal Code Regulations 2019: a controlled drug at Schedule 1 item 157 (commercial quantity 0.75 kg, marketable 250.0 g, trafficable 2.0 g) and a border controlled drug at Schedule 2 item 121 (commercial 0.75 kg, marketable 2.0 g). Customs (Prohibited Imports) Regulations 1956 Schedule 4 item 137A («137A Methamphetamine»), with its racemate at item 134 and levomethamphetamine at item 116. The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» Trafficking methamphetamine (s302.1: selling, preparing for supply, transporting, guarding or possessing with intent to sell) is s302.4, imprisonment for 10 years or 2,000 penalty units, or both. Trafficking a marketable quantity, 250.0 g or more under Schedule 1 item 157 of the Criminal Code Regulations, is s302.3, 25 years or 5,000 penalty units, or both. A commercial quantity, 0.75 kg or more, is s302.2, imprisonment for life or 7,500 penalty units, or both. Under s302.5 a person who prepares, transports, guards or possesses a trafficable quantity, 2.0 g or more, is taken to have intended to sell unless they prove they had neither that intention nor belief, a legal burden (s13.4). Manufacturing methamphetamine for a commercial purpose is s305.5, 10 years or 2,000 penalty units, or both (12 years or 2,400 penalty units if a child under 14 is exposed, s310.4); s305.4 for a marketable quantity, 25 years or 5,000 penalty units (28 years or 5,600 aggravated); s305.3 for a commercial quantity, imprisonment for life or 7,500 penalty units, or both. Under s305.6 manufacturing a trafficable quantity presumes the commercial purpose, rebuttably. Import and export are offences of their own in Division 307 against the border controlled drug listing (Schedule 2 item 121): s307.3, imprisonment for 10 years or 2,000 penalty units, or both, with a defence if the person proves no intention or belief that any would be sold; s307.4, which needs no commercial intent, 2 years or 400 penalty units, or both; s307.2 for a marketable quantity (2.0 g or more), 25 years or 5,000 penalty units, or both; s307.1 for a commercial quantity (0.75 kg or more), imprisonment for life or 7,500 penalty units, or both. Possessing an unlawfully imported quantity is s307.5 to s307.7 on the same thresholds, and possessing one reasonably suspected of unlawful import is s307.8 to s307.10. The Customs Act s233(5) leaves border controlled drugs to these offences rather than to the Customs Act smuggling offence. Possessing methamphetamine as a controlled drug is s308.1, imprisonment for 2 years or 400 penalty units, or both, and s308.1(3) lets the court deal with the offender as if the offence were the state or territory possession offence, so diversion available there is available here. Supplying any quantity to a child is s309.2, 15 years or 3,000 penalty units, or both. Part 9.1, other than the import and export offences in Division 307, does not apply to conduct justified or excused by or under a state or territory law (s313.1), which is how lawful prescribing and dispensing sit outside it. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together. Quantities are proved under s312.1 as in force on 2 October 2026, by the pure drug in a mixture. A substituted s312.1, enacted by the Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2026 (assented to 26 August 2026), Schedule 2 Part 2, will «treat the mixture as consisting wholly of the prohibited substance»; it commences on a day fixed by Proclamation or at the latest on 26 August 2027, and no Proclamation was found when this was read.
- If prescribed / medical
- Methamphetamine has a prescription route as a Schedule 8 controlled drug. The Reader's guide, which is not part of the instrument, describes Schedule 8 as «Substances which should be available for use but require restriction of manufacture, supply, distribution, possession and use to reduce abuse, misuse and physical or psychological dependence.» Prescribing, dispensing and the permits a prescriber may need are state and territory law. Possession under a lawful prescription is conduct justified or excused by state or territory law, so Part 9.1 outside Division 307 does not apply to it (s313.1), and Criminal Code s10.5 provides «A person is not criminally responsible for an offence if the conduct constituting the offence is justified or excused by or under a law.»
- Documentation
- Traveller rule, Commonwealth: regulation 5(2)(b) of the Customs (Prohibited Imports) Regulations 1956 lifts the import prohibition for a drug carried by a passenger on a ship or aircraft that «is required for the medical treatment of the person or of another passenger under the care of the person», «was prescribed by a medical practitioner for the purposes of that treatment» and «was supplied to the person in accordance with the prescription of the medical practitioner referred to in subparagraph (ii)». Therapeutic Goods Regulations 1990 Schedule 5 item 1 (Compilation No. 130, compilation date 8 September 2026) covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family» and limits the personal import to «not more than 3 months’ supply at the maximum dose recommended by the manufacturer» in one importation and, for goods in Schedule 4 or Schedule 8 of the current Poisons Standard, requires a written authority from a medical practitioner, or an overseas medical practitioner where the goods are carried by a passenger. The Australian Border Force traveller guidance (abf.gov.au, read 2 October 2026) asks the traveller to «carry a letter or copy of your prescription (written in English) from your doctor to certify that the medicine has been prescribed to you to treat a medical condition», to keep the medicine in its original packaging and to declare it on arrival. Anything outside that exemption needs an import licence and permission from the Office of Drug Control under regulation 5(1). Where the medicine is also a border controlled drug, Division 307 of the Criminal Code has no traveller exception of its own; the traveller relies on Criminal Code s10.5, «A person is not criminally responsible for an offence if the conduct constituting the offence is justified or excused by or under a law.», on the footing that an import within regulation 5(2)(b) is so excused. That footing is this cell's reading of the provisions; no decision applying it was read. The Therapeutic Goods Administration and Office of Drug Control traveller pages (tga.gov.au, odc.gov.au) did not respond from this network on 2 October 2026 (curl timeout after 60 seconds, twice, and a second fetcher timed out), so nothing in this cell rests on them.
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
Methaqualone (Quaaludes)
- Legal status
- Prohibited. Methaqualone is named in Schedule 9 of F2026L01327 as «METHAQUALONE.». Regulation 5(9)(ca) of the Prohibited Imports Regulations adds that a licensed importer «shall not dispose of the drug methaqualone unless satisfied that the drug will be used solely for scientific purposes». Criminal Code Regulations 2019: a controlled drug at Schedule 1 item 158 (commercial quantity 5.0 kg, no marketable quantity listed, trafficable 5.0 g) and a border controlled drug at Schedule 2 item 122 (commercial 5.0 kg, marketable 50.0 g). Customs (Prohibited Imports) Regulations 1956 Schedule 4 item 138 («138 Methaqualone»). The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» Trafficking methaqualone (s302.1: selling, preparing for supply, transporting, guarding or possessing with intent to sell) is s302.4, imprisonment for 10 years or 2,000 penalty units, or both. Schedule 1 item 158 lists no marketable quantity, so s302.3 has no threshold to engage for it. A commercial quantity, 5.0 kg or more, is s302.2, imprisonment for life or 7,500 penalty units, or both. Under s302.5 a person who prepares, transports, guards or possesses a trafficable quantity, 5.0 g or more, is taken to have intended to sell unless they prove they had neither that intention nor belief, a legal burden (s13.4). Manufacturing methaqualone for a commercial purpose is s305.5, 10 years or 2,000 penalty units, or both (12 years or 2,400 penalty units if a child under 14 is exposed, s310.4); s305.3 for a commercial quantity, imprisonment for life or 7,500 penalty units, or both. Under s305.6 manufacturing a trafficable quantity presumes the commercial purpose, rebuttably. Import and export are offences of their own in Division 307 against the border controlled drug listing (Schedule 2 item 122): s307.3, imprisonment for 10 years or 2,000 penalty units, or both, with a defence if the person proves no intention or belief that any would be sold; s307.4, which needs no commercial intent, 2 years or 400 penalty units, or both; s307.2 for a marketable quantity (50.0 g or more), 25 years or 5,000 penalty units, or both; s307.1 for a commercial quantity (5.0 kg or more), imprisonment for life or 7,500 penalty units, or both. Possessing an unlawfully imported quantity is s307.5 to s307.7 on the same thresholds, and possessing one reasonably suspected of unlawful import is s307.8 to s307.10. The Customs Act s233(5) leaves border controlled drugs to these offences rather than to the Customs Act smuggling offence. Possessing methaqualone as a controlled drug is s308.1, imprisonment for 2 years or 400 penalty units, or both, and s308.1(3) lets the court deal with the offender as if the offence were the state or territory possession offence, so diversion available there is available here. Supplying any quantity to a child is s309.2, 15 years or 3,000 penalty units, or both. Part 9.1, other than the import and export offences in Division 307, does not apply to conduct justified or excused by or under a state or territory law (s313.1), which is how lawful prescribing and dispensing sit outside it. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together. Quantities are proved under s312.1 as in force on 2 October 2026, by the pure drug in a mixture. A substituted s312.1, enacted by the Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2026 (assented to 26 August 2026), Schedule 2 Part 2, will «treat the mixture as consisting wholly of the prohibited substance»; it commences on a day fixed by Proclamation or at the latest on 26 August 2027, and no Proclamation was found when this was read.
- If prescribed / medical
- No prescription route: Methaqualone sits in Schedule 9 of F2026L01327. The Reader's guide, which is not part of the instrument, describes Schedule 9 as «Substances which may be abused or misused, the manufacture, possession, supply or use of which should be prohibited by law except when required for medical or scientific research, or for analytical, teaching or training purposes with approval of Commonwealth and/or State or Territory Health Authorities.» Outside an approved clinical trial or research, there is no lawful medical supply in Australia on anything read for this cell, and a foreign prescription does not change the Commonwealth position.
- Documentation
- No traveller exemption is shown for a Schedule 9 substance. The Australian Border Force traveller guidance (abf.gov.au, read 2 October 2026) covers «Prescription medicines such as morphine, oxycodone, methadone, methylphenidate, Adderall®, and benzodiazepines» and nothing read for this cell treats a foreign prescription for a Schedule 9 substance as lawful authority for an import that Division 307 otherwise punishes. An import needs an Office of Drug Control licence and permission under regulation 5(1) of the Customs (Prohibited Imports) Regulations 1956, and regulation 5(10) lets permission be granted only where, in the cases that apply to a private person, the drug «is required by the applicant for medical or scientific purposes». The personal importation rule in Therapeutic Goods Regulations 1990 Schedule 5 item 1, which covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family», does not help where the substance is a prohibited import, because it applies only where «the goods do not contain a substance the importation of which is prohibited under the Customs Act 1901».
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
Methylone
- Legal status
- Prohibited. Methylone is named in Schedule 9 of F2026L01327 as «METHYLONE *(MDMC).», and as a controlled drug in Schedule 1 of the Criminal Code Regulations 2019 at item 176, «3,4-Methylenedioxymethcathinone (MDMC)» (commercial 0.75 kg, marketable 250.0 g, trafficable 0.75 g). It is not named in Schedule 2, so its border status rests on s301.9 and is conditional. Its nearest listed border controlled drug is butylone, Schedule 2 item 27 (0.75 kg, 2.0 g): methylone is butylone with the ethyl group on the alpha carbon replaced by a methyl group, a swap within the one paragraph s301.9(2)(b) (both alkyl groups), or equally butylone's lower homologue under limb (d) («any other homologue»). The method used for every row is a reading, not a rule the Act states: a modification that limb (a) or limb (c) plainly describes is treated as making a drug analogue; one contestable modification (a swap within one paragraph of s301.9(2), or a core ring replaced), a single limb (d) change from the listed drug, or an express exclusion or different listing in the Regulations is treated as making the exposure conditional; anything more, including adding or removing a ring, is treated as outside s301.9. Because s301.9(1)(c) allows a modification «obtained in one or more of the following ways», the tier this gives can depend on how a change is described, and nothing read settles which description governs. Either way it is one contestable change, so on that method methylone is a border controlled drug only conditionally. Described another way the step is plain: the terminal methyl of butylone's ethyl group replaced by a hydrogen atom, a swap between (2)(b) alkyl and (2)(d) «hydrogen atoms». Because s301.9(1)(c) allows a structural modification «obtained in one or more of the following ways», nothing read decides whether such a redescription, or a composition of steps, is accepted, so the tier depends on the description and this cell keeps the exposure conditional. If a court also held it substantially similar to MDMA (Schedule 2 item 134), from which it differs by the added ketone, s301.10 and s301.11 table item 3(b) would apply MDMA's smaller quantities (0.5 kg, 0.5 g). Customs (Prohibited Imports) Regulations 1956 Schedule 4 item 147C («147C Methylone»). The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» Trafficking methylone (s302.1: selling, preparing for supply, transporting, guarding or possessing with intent to sell) is s302.4, imprisonment for 10 years or 2,000 penalty units, or both. Trafficking a marketable quantity, 250.0 g or more under Schedule 1 item 176 of the Criminal Code Regulations, is s302.3, 25 years or 5,000 penalty units, or both. A commercial quantity, 0.75 kg or more, is s302.2, imprisonment for life or 7,500 penalty units, or both. Under s302.5 a person who prepares, transports, guards or possesses a trafficable quantity, 0.75 g or more, is taken to have intended to sell unless they prove they had neither that intention nor belief, a legal burden (s13.4). Manufacturing methylone for a commercial purpose is s305.5, 10 years or 2,000 penalty units, or both (12 years or 2,400 penalty units if a child under 14 is exposed, s310.4); s305.4 for a marketable quantity, 25 years or 5,000 penalty units (28 years or 5,600 aggravated); s305.3 for a commercial quantity, imprisonment for life or 7,500 penalty units, or both. Under s305.6 manufacturing a trafficable quantity presumes the commercial purpose, rebuttably. Import and export are offences of their own in Division 307 against the border controlled drug listing (Schedule 2 item 27), by s301.4(1)(b) as an analogue of butylone, if that conditional reading holds: s307.3, imprisonment for 10 years or 2,000 penalty units, or both, with a defence if the person proves no intention or belief that any would be sold; s307.4, which needs no commercial intent, 2 years or 400 penalty units, or both; s307.2 for a marketable quantity (2.0 g or more), 25 years or 5,000 penalty units, or both; s307.1 for a commercial quantity (0.75 kg or more), imprisonment for life or 7,500 penalty units, or both. Possessing an unlawfully imported quantity is s307.5 to s307.7 on the same thresholds, and possessing one reasonably suspected of unlawful import is s307.8 to s307.10. The Customs Act s233(5) leaves border controlled drugs to these offences rather than to the Customs Act smuggling offence. Possessing methylone as a controlled drug is s308.1, imprisonment for 2 years or 400 penalty units, or both, and s308.1(3) lets the court deal with the offender as if the offence were the state or territory possession offence, so diversion available there is available here. Supplying any quantity to a child is s309.2, 15 years or 3,000 penalty units, or both. Part 9.1, other than the import and export offences in Division 307, does not apply to conduct justified or excused by or under a state or territory law (s313.1), which is how lawful prescribing and dispensing sit outside it. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together. Quantities are proved under s312.1 as in force on 2 October 2026, by the pure drug in a mixture. A substituted s312.1, enacted by the Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2026 (assented to 26 August 2026), Schedule 2 Part 2, will «treat the mixture as consisting wholly of the prohibited substance»; it commences on a day fixed by Proclamation or at the latest on 26 August 2027, and no Proclamation was found when this was read. If the border reading does not hold, importing methylone without a licence and permission is a prohibited import under item 147C, an offence against Customs Act s233(1)(b) punishable under s233AB(2) by a fine only, the greater of 3 times the value of the goods or 1,000 penalty units; the controlled drug offences above apply either way because Schedule 1 item 176 lists it.
- If prescribed / medical
- No prescription route: Methylone sits in Schedule 9 of F2026L01327. The Reader's guide, which is not part of the instrument, describes Schedule 9 as «Substances which may be abused or misused, the manufacture, possession, supply or use of which should be prohibited by law except when required for medical or scientific research, or for analytical, teaching or training purposes with approval of Commonwealth and/or State or Territory Health Authorities.» Outside an approved clinical trial or research, there is no lawful medical supply in Australia on anything read for this cell, and a foreign prescription does not change the Commonwealth position.
- Documentation
- No traveller exemption is shown for a Schedule 9 substance. The Australian Border Force traveller guidance (abf.gov.au, read 2 October 2026) covers «Prescription medicines such as morphine, oxycodone, methadone, methylphenidate, Adderall®, and benzodiazepines» and nothing read for this cell treats a foreign prescription for a Schedule 9 substance as lawful authority for an import that Division 307 otherwise punishes. An import needs an Office of Drug Control licence and permission under regulation 5(1) of the Customs (Prohibited Imports) Regulations 1956, and regulation 5(10) lets permission be granted only where, in the cases that apply to a private person, the drug «is required by the applicant for medical or scientific purposes». The personal importation rule in Therapeutic Goods Regulations 1990 Schedule 5 item 1, which covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family», does not help where the substance is a prohibited import, because it applies only where «the goods do not contain a substance the importation of which is prohibited under the Customs Act 1901».
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
Methylphenidate
- Legal status
- Controlled medicine. Methylphenidate is named in Schedule 8 of F2026L01327 as «METHYLPHENIDATE.». Criminal Code Regulations 2019: a controlled drug at Schedule 1 item 184 (commercial quantity 2.0 kg, marketable 250.0 g, trafficable 2.0 g) and a border controlled drug at Schedule 2 item 139 (commercial 2.0 kg, marketable 2.0 g). Customs (Prohibited Imports) Regulations 1956 Schedule 4 item 148 («148 Methylphenidate»). The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» Trafficking methylphenidate (s302.1: selling, preparing for supply, transporting, guarding or possessing with intent to sell) is s302.4, imprisonment for 10 years or 2,000 penalty units, or both. Trafficking a marketable quantity, 250.0 g or more under Schedule 1 item 184 of the Criminal Code Regulations, is s302.3, 25 years or 5,000 penalty units, or both. A commercial quantity, 2.0 kg or more, is s302.2, imprisonment for life or 7,500 penalty units, or both. Under s302.5 a person who prepares, transports, guards or possesses a trafficable quantity, 2.0 g or more, is taken to have intended to sell unless they prove they had neither that intention nor belief, a legal burden (s13.4). Manufacturing methylphenidate for a commercial purpose is s305.5, 10 years or 2,000 penalty units, or both (12 years or 2,400 penalty units if a child under 14 is exposed, s310.4); s305.4 for a marketable quantity, 25 years or 5,000 penalty units (28 years or 5,600 aggravated); s305.3 for a commercial quantity, imprisonment for life or 7,500 penalty units, or both. Under s305.6 manufacturing a trafficable quantity presumes the commercial purpose, rebuttably. Import and export are offences of their own in Division 307 against the border controlled drug listing (Schedule 2 item 139): s307.3, imprisonment for 10 years or 2,000 penalty units, or both, with a defence if the person proves no intention or belief that any would be sold; s307.4, which needs no commercial intent, 2 years or 400 penalty units, or both; s307.2 for a marketable quantity (2.0 g or more), 25 years or 5,000 penalty units, or both; s307.1 for a commercial quantity (2.0 kg or more), imprisonment for life or 7,500 penalty units, or both. Possessing an unlawfully imported quantity is s307.5 to s307.7 on the same thresholds, and possessing one reasonably suspected of unlawful import is s307.8 to s307.10. The Customs Act s233(5) leaves border controlled drugs to these offences rather than to the Customs Act smuggling offence. Possessing methylphenidate as a controlled drug is s308.1, imprisonment for 2 years or 400 penalty units, or both, and s308.1(3) lets the court deal with the offender as if the offence were the state or territory possession offence, so diversion available there is available here. Supplying any quantity to a child is s309.2, 15 years or 3,000 penalty units, or both. Part 9.1, other than the import and export offences in Division 307, does not apply to conduct justified or excused by or under a state or territory law (s313.1), which is how lawful prescribing and dispensing sit outside it. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together. Quantities are proved under s312.1 as in force on 2 October 2026, by the pure drug in a mixture. A substituted s312.1, enacted by the Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2026 (assented to 26 August 2026), Schedule 2 Part 2, will «treat the mixture as consisting wholly of the prohibited substance»; it commences on a day fixed by Proclamation or at the latest on 26 August 2027, and no Proclamation was found when this was read.
- If prescribed / medical
- Methylphenidate has a prescription route as a Schedule 8 controlled drug. The Reader's guide, which is not part of the instrument, describes Schedule 8 as «Substances which should be available for use but require restriction of manufacture, supply, distribution, possession and use to reduce abuse, misuse and physical or psychological dependence.» Prescribing, dispensing and the permits a prescriber may need are state and territory law. Possession under a lawful prescription is conduct justified or excused by state or territory law, so Part 9.1 outside Division 307 does not apply to it (s313.1), and Criminal Code s10.5 provides «A person is not criminally responsible for an offence if the conduct constituting the offence is justified or excused by or under a law.»
- Documentation
- Traveller rule, Commonwealth: regulation 5(2)(b) of the Customs (Prohibited Imports) Regulations 1956 lifts the import prohibition for a drug carried by a passenger on a ship or aircraft that «is required for the medical treatment of the person or of another passenger under the care of the person», «was prescribed by a medical practitioner for the purposes of that treatment» and «was supplied to the person in accordance with the prescription of the medical practitioner referred to in subparagraph (ii)». Therapeutic Goods Regulations 1990 Schedule 5 item 1 (Compilation No. 130, compilation date 8 September 2026) covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family» and limits the personal import to «not more than 3 months’ supply at the maximum dose recommended by the manufacturer» in one importation and, for goods in Schedule 4 or Schedule 8 of the current Poisons Standard, requires a written authority from a medical practitioner, or an overseas medical practitioner where the goods are carried by a passenger. The Australian Border Force traveller guidance (abf.gov.au, read 2 October 2026) asks the traveller to «carry a letter or copy of your prescription (written in English) from your doctor to certify that the medicine has been prescribed to you to treat a medical condition», to keep the medicine in its original packaging and to declare it on arrival. Anything outside that exemption needs an import licence and permission from the Office of Drug Control under regulation 5(1). Where the medicine is also a border controlled drug, Division 307 of the Criminal Code has no traveller exception of its own; the traveller relies on Criminal Code s10.5, «A person is not criminally responsible for an offence if the conduct constituting the offence is justified or excused by or under a law.», on the footing that an import within regulation 5(2)(b) is so excused. That footing is this cell's reading of the provisions; no decision applying it was read. The Therapeutic Goods Administration and Office of Drug Control traveller pages (tga.gov.au, odc.gov.au) did not respond from this network on 2 October 2026 (curl timeout after 60 seconds, twice, and a second fetcher timed out), so nothing in this cell rests on them. The ABF guidance names methylphenidate among «Prescription medicines» covered by the traveller exemption.
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
Mitragynine
- Legal status
- Prohibited under the Poisons Standard and a prohibited import; not a Criminal Code drug. F2026L01327 names mitragynine in Schedule 9 as «MITRAGYNINE.», beside the plant entry «MITRAGYNA SPECIOSA.». The Customs (Prohibited Imports) Regulations 1956 name it, «153A Mitragynine», and the plant at item 204(g). It is not listed in Schedule 1 or Schedule 2 of the Criminal Code Regulations 2019 (Compilation No. 6). Nearest listed drug: harmine (Schedule 2 item 97), a beta-carboline listed only as a border controlled drug; no Schedule 1 drug shares the ring system, the nearest being the tryptamines such as N,N-dimethyltryptamine (Schedule 1 item 98). Limb (a) of s301.9(1) does not reach it because its molecular formula differs from harmine's and from each tryptamine's, so it is no isomer of them, and it is not an alkaloid of either; limb (c) does not, because mitragynine's indoloquinolizidine core adds a further ring to harmine's three-ring beta-carboline and to the tryptamine skeleton, and adding a ring is none of the s301.9(1)(c) modifications; and on the method stated next limb (d) does not, because adding a whole ring puts it outside s301.9 on that method. The method used for every row is a reading, not a rule the Act states: a modification that limb (a) or limb (c) plainly describes is treated as making a drug analogue; one contestable modification (a swap within one paragraph of s301.9(2), or a core ring replaced), a single limb (d) change from the listed drug, or an express exclusion or different listing in the Regulations is treated as making the exposure conditional; anything more, including adding or removing a ring, is treated as outside s301.9. Because s301.9(1)(c) allows a modification «obtained in one or more of the following ways», the tier this gives can depend on how a change is described, and nothing read settles which description governs. No court decision applying s301.9 to mitragynine was read, so this is a reading of the text. The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» No Commonwealth offence reaches possession, sale, supply, manufacture or use of mitragynine inside Australia; those are state and territory poisons offences built on its Poisons Standard placement. At the border it is a prohibited import under regulation 5 of the Customs (Prohibited Imports) Regulations 1956, which names mitragynine at Schedule 4 item 153A. Importing it without a licence and permission, or outside the traveller exemption, contravenes Customs Act 1901 s233(1)(b), and having unlawfully imported goods in possession contravenes s233(1)(d); both are strict liability (s233(1AB)) and are punishable under s233AB(2) by a fine only, not exceeding 3 times the value of the goods or 1,000 penalty units ($364,000), whichever is greater. Customs Act s233(5) takes narcotic goods, meaning border controlled drugs and plants, out of s233, which is why Division 307 and not s233 governs a border controlled drug. Part 9.2 does not apply, because s320.2(2)(k) excludes a prohibited import. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together.
- If prescribed / medical
- No prescription route: Mitragynine sits in Schedule 9 of F2026L01327. The Reader's guide, which is not part of the instrument, describes Schedule 9 as «Substances which may be abused or misused, the manufacture, possession, supply or use of which should be prohibited by law except when required for medical or scientific research, or for analytical, teaching or training purposes with approval of Commonwealth and/or State or Territory Health Authorities.» Outside an approved clinical trial or research, there is no lawful medical supply in Australia on anything read for this cell, and a foreign prescription does not change the Commonwealth position.
- Documentation
- No traveller exemption is shown for a Schedule 9 substance. The Australian Border Force traveller guidance (abf.gov.au, read 2 October 2026) covers «Prescription medicines such as morphine, oxycodone, methadone, methylphenidate, Adderall®, and benzodiazepines» and nothing read for this cell treats a foreign prescription for a Schedule 9 substance as lawful authority for an import. An import needs an Office of Drug Control licence and permission under regulation 5(1) of the Customs (Prohibited Imports) Regulations 1956, and regulation 5(10) lets permission be granted only where, in the cases that apply to a private person, the drug «is required by the applicant for medical or scientific purposes». The personal importation rule in Therapeutic Goods Regulations 1990 Schedule 5 item 1, which covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family», does not help where the substance is a prohibited import, because it applies only where «the goods do not contain a substance the importation of which is prohibited under the Customs Act 1901».
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
Modafinil
- Legal status
- Prescription only medicine under the Poisons Standard; no Commonwealth criminal drug status. F2026L01327 names modafinil in Schedule 4, «MODAFINIL.». It is a diphenylmethylsulfinyl acetamide. It is not listed in Schedule 1 or Schedule 2 of the Criminal Code Regulations 2019 (Compilation No. 6). Nearest listed drug: pipradrol (Schedule 1 item 230, Schedule 2 item 190), which shares modafinil's diphenylmethyl group. Limb (a) of s301.9(1) does not reach it because its molecular formula differs from pipradrol's, so it is no isomer, and it is not an alkaloid of a listed drug; limb (c) does not, because reaching modafinil from pipradrol would remove the piperidine ring and the hydroxy group and add a sulfinylacetamide chain, and removing a ring is none of the s301.9(1)(c) modifications; and on the method stated next limb (d) does not, because removing a ring puts it outside s301.9 on that method. The method used for every row is a reading, not a rule the Act states: a modification that limb (a) or limb (c) plainly describes is treated as making a drug analogue; one contestable modification (a swap within one paragraph of s301.9(2), or a core ring replaced), a single limb (d) change from the listed drug, or an express exclusion or different listing in the Regulations is treated as making the exposure conditional; anything more, including adding or removing a ring, is treated as outside s301.9. Because s301.9(1)(c) allows a modification «obtained in one or more of the following ways», the tier this gives can depend on how a change is described, and nothing read settles which description governs. No court decision applying s301.9 to modafinil was read, so this is a reading of the text. Nor is it named in Schedule 4 of the Customs (Prohibited Imports) Regulations 1956 as in force on 2 October 2026. The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» No Commonwealth criminal offence reaches possession, sale, supply, manufacture or use of modafinil: it is not a controlled or border controlled drug, and it is not a prohibited import under Schedule 4 of the Customs (Prohibited Imports) Regulations 1956 (Compilation No. 147), so the Customs Act 1901 s233 offence for prohibited imports does not reach its import. Supply is controlled by state and territory poisons law applying its Poisons Standard schedule. Part 9.2 of the Criminal Code is the residual import offence: s320.2 punishes importing a psychoactive substance by 5 years or 300 penalty units, or both, and s320.3 importing a substance presented as a serious drug alternative by 2 years or 120 penalty units, or both; s320.2(2) excludes listed or registered therapeutic goods, goods represented for therapeutic use other than as a serious drug alternative, industrial chemicals, a plant or fungus or an extract from one, any serious drug or precursor, and any prohibited import within the meaning of the Customs Act. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together.
- If prescribed / medical
- Modafinil is a Schedule 4 prescription only medicine. The Reader's guide, which is not part of the instrument, describes Schedule 4 as «Substances, the use or supply of which should be by or on the order of persons permitted by State or Territory legislation to prescribe and should be available from a pharmacist on prescription.»
- Documentation
- Its import is not prohibited by the Customs (Prohibited Imports) Regulations; the personal import limits are those of the rule in Therapeutic Goods Regulations 1990 Schedule 5 item 1 (Compilation No. 130), which covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family», limited to «not more than 3 months’ supply at the maximum dose recommended by the manufacturer» in one importation, no more than 15 months’ supply in 12 months, and, because it is a Schedule 4 good, a written authority from a medical practitioner, or an overseas medical practitioner where a passenger carries it. The ABF traveller guidance asks travellers to carry «a letter or copy of your prescription (written in English)» and declare the medicine. The Therapeutic Goods Administration and Office of Drug Control traveller pages (tga.gov.au, odc.gov.au) did not respond from this network on 2 October 2026 (curl timeout after 60 seconds, twice, and a second fetcher timed out), so nothing in this cell rests on them.
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
Morphine
- Legal status
- Controlled medicine. Morphine is named in Schedule 8 of F2026L01327 as «MORPHINE.», with «MORPHINE METHOBROMIDE.» and «MORPHINE-N-OXIDE.» as separate entries. Criminal Code Regulations 2019: a controlled drug at Schedule 1 item 199 (commercial quantity 1.5 kg, marketable 250.0 g, trafficable 1.5 g) and a border controlled drug at Schedule 2 item 155 (commercial 1.5 kg, marketable 2.0 g). Customs (Prohibited Imports) Regulations 1956 Schedule 4 item 157 («157 Morphine»). The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» Trafficking morphine (s302.1: selling, preparing for supply, transporting, guarding or possessing with intent to sell) is s302.4, imprisonment for 10 years or 2,000 penalty units, or both. Trafficking a marketable quantity, 250.0 g or more under Schedule 1 item 199 of the Criminal Code Regulations, is s302.3, 25 years or 5,000 penalty units, or both. A commercial quantity, 1.5 kg or more, is s302.2, imprisonment for life or 7,500 penalty units, or both. Under s302.5 a person who prepares, transports, guards or possesses a trafficable quantity, 1.5 g or more, is taken to have intended to sell unless they prove they had neither that intention nor belief, a legal burden (s13.4). Manufacturing morphine for a commercial purpose is s305.5, 10 years or 2,000 penalty units, or both (12 years or 2,400 penalty units if a child under 14 is exposed, s310.4); s305.4 for a marketable quantity, 25 years or 5,000 penalty units (28 years or 5,600 aggravated); s305.3 for a commercial quantity, imprisonment for life or 7,500 penalty units, or both. Under s305.6 manufacturing a trafficable quantity presumes the commercial purpose, rebuttably. Import and export are offences of their own in Division 307 against the border controlled drug listing (Schedule 2 item 155): s307.3, imprisonment for 10 years or 2,000 penalty units, or both, with a defence if the person proves no intention or belief that any would be sold; s307.4, which needs no commercial intent, 2 years or 400 penalty units, or both; s307.2 for a marketable quantity (2.0 g or more), 25 years or 5,000 penalty units, or both; s307.1 for a commercial quantity (1.5 kg or more), imprisonment for life or 7,500 penalty units, or both. Possessing an unlawfully imported quantity is s307.5 to s307.7 on the same thresholds, and possessing one reasonably suspected of unlawful import is s307.8 to s307.10. The Customs Act s233(5) leaves border controlled drugs to these offences rather than to the Customs Act smuggling offence. Possessing morphine as a controlled drug is s308.1, imprisonment for 2 years or 400 penalty units, or both, and s308.1(3) lets the court deal with the offender as if the offence were the state or territory possession offence, so diversion available there is available here. Supplying any quantity to a child is s309.2, 15 years or 3,000 penalty units, or both. Part 9.1, other than the import and export offences in Division 307, does not apply to conduct justified or excused by or under a state or territory law (s313.1), which is how lawful prescribing and dispensing sit outside it. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together. Quantities are proved under s312.1 as in force on 2 October 2026, by the pure drug in a mixture. A substituted s312.1, enacted by the Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2026 (assented to 26 August 2026), Schedule 2 Part 2, will «treat the mixture as consisting wholly of the prohibited substance»; it commences on a day fixed by Proclamation or at the latest on 26 August 2027, and no Proclamation was found when this was read.
- If prescribed / medical
- Morphine has a prescription route as a Schedule 8 controlled drug. The Reader's guide, which is not part of the instrument, describes Schedule 8 as «Substances which should be available for use but require restriction of manufacture, supply, distribution, possession and use to reduce abuse, misuse and physical or psychological dependence.» Prescribing, dispensing and the permits a prescriber may need are state and territory law. Possession under a lawful prescription is conduct justified or excused by state or territory law, so Part 9.1 outside Division 307 does not apply to it (s313.1), and Criminal Code s10.5 provides «A person is not criminally responsible for an offence if the conduct constituting the offence is justified or excused by or under a law.» The Narcotic Drugs Act 1967 (Compilation No. 16, compilation date 14 October 2024) also applies, because it defines drug as «any substance that is a drug for the purposes of the Convention», the Single Convention on Narcotic Drugs, 1961: it licenses the manufacture of narcotic drugs through manufacture licences and permits.
- Documentation
- Traveller rule, Commonwealth: regulation 5(2)(b) of the Customs (Prohibited Imports) Regulations 1956 lifts the import prohibition for a drug carried by a passenger on a ship or aircraft that «is required for the medical treatment of the person or of another passenger under the care of the person», «was prescribed by a medical practitioner for the purposes of that treatment» and «was supplied to the person in accordance with the prescription of the medical practitioner referred to in subparagraph (ii)». Therapeutic Goods Regulations 1990 Schedule 5 item 1 (Compilation No. 130, compilation date 8 September 2026) covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family» and limits the personal import to «not more than 3 months’ supply at the maximum dose recommended by the manufacturer» in one importation and, for goods in Schedule 4 or Schedule 8 of the current Poisons Standard, requires a written authority from a medical practitioner, or an overseas medical practitioner where the goods are carried by a passenger. The Australian Border Force traveller guidance (abf.gov.au, read 2 October 2026) asks the traveller to «carry a letter or copy of your prescription (written in English) from your doctor to certify that the medicine has been prescribed to you to treat a medical condition», to keep the medicine in its original packaging and to declare it on arrival. Anything outside that exemption needs an import licence and permission from the Office of Drug Control under regulation 5(1). Where the medicine is also a border controlled drug, Division 307 of the Criminal Code has no traveller exception of its own; the traveller relies on Criminal Code s10.5, «A person is not criminally responsible for an offence if the conduct constituting the offence is justified or excused by or under a law.», on the footing that an import within regulation 5(2)(b) is so excused. That footing is this cell's reading of the provisions; no decision applying it was read. The Therapeutic Goods Administration and Office of Drug Control traveller pages (tga.gov.au, odc.gov.au) did not respond from this network on 2 October 2026 (curl timeout after 60 seconds, twice, and a second fetcher timed out), so nothing in this cell rests on them.
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Narcotic Drugs Act 1967, Compilation No. 16 · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
MXE
- Legal status
- Controlled federally as a named prohibited import, and conditionally by the drug analogue route; not named in the Poisons Standard. MXE (methoxetamine) is named in the Customs (Prohibited Imports) Regulations 1956, «139AA Methoxetamine», but not in the Criminal Code Regulations 2019 or in F2026L01327, each as in force on 2 October 2026. It is ketamine with the 2-chloro group on the phenyl ring replaced by a 3-methoxy group and the N-methyl group by N-ethyl. Criminal Code s301.9(1) makes a substance a drug analogue of a listed drug if it is, among other things, «a structural modification obtained in one or more of the following ways», including «(iii) by the replacement of one or more of the groups or atoms specified in subsection (2) with one or more of the other groups or atoms specified in that subsection», or «(d) any other homologue, analogue, chemical derivative or substance substantially similar in chemical structure». Removing the chlorine and adding the methoxy group are swaps between paragraphs of s301.9(2) («halogen» in (c) and «hydrogen atoms» in (d); alkoxy in (a) and hydrogen in (d)), which limb (c)(iii) plainly describes, but methyl for ethyl on the nitrogen is a swap within the one alkyl paragraph (2)(b). The method used for every row is a reading, not a rule the Act states: a modification that limb (a) or limb (c) plainly describes is treated as making a drug analogue; one contestable modification (a swap within one paragraph of s301.9(2), or a core ring replaced), a single limb (d) change from the listed drug, or an express exclusion or different listing in the Regulations is treated as making the exposure conditional; anything more, including adding or removing a ring, is treated as outside s301.9. Because s301.9(1)(c) allows a modification «obtained in one or more of the following ways», the tier this gives can depend on how a change is described, and nothing read settles which description governs. On that method MXE is a drug analogue of ketamine only conditionally. Described another way the step is plain: the N-methyl group gaining a methyl group in place of one of its hydrogen atoms, a swap between (2)(d) «hydrogen atoms» and (2)(b) alkyl. Because s301.9(1)(c) allows a structural modification «obtained in one or more of the following ways», nothing read decides whether such a redescription, or a composition of steps, is accepted, so the tier depends on the description and this cell keeps the exposure conditional. If the analogue reading holds, it is a controlled and border controlled drug at ketamine's quantities (Schedule 1 item 146: 1.0 kg, 500.0 g, 3.0 g; Schedule 2 item 110: 1.0 kg, 3.0 g), and 2-FDCK (items 117A and 89B) gives the same quantities by the same steps. No court decision on MXE was read. Poisons Standard: Poisons Standard s7(c) extends a named substance to «every salt, active principle or derivative of the substance, including esters and ethers», and the instrument does not define derivative. This data set reads it with the definition the Customs (Prohibited Imports) Regulations 1956 give in regulation 5(20), «any substance chemically derived from the chemical or compound and from which the chemical or compound may be regenerated»: a salt, ester, ether or amide from which the named substance is regenerated is a derivative, and a compound from which it cannot be regenerated is not shown as one. Ketamine cannot be regenerated from MXE, so it is not shown as a derivative of ketamine and no Poisons Standard Schedule is shown for it; its placement is a question for each state and territory applying the Standard. The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» The certain exposure is at the border as a named prohibited import: importing MXE without a licence and permission contravenes Customs Act s233(1)(b), punishable under s233AB(2) by a fine only, the greater of 3 times the value of the goods or 1,000 penalty units, unless the analogue reading holds, in which case s233(5) leaves the import to Division 307. Part 9.2 does not apply, because s320.2(2)(k) excludes a prohibited import. If the conditional analogue reading holds: Trafficking MXE (s302.1: selling, preparing for supply, transporting, guarding or possessing with intent to sell) is s302.4, imprisonment for 10 years or 2,000 penalty units, or both. As a drug analogue of ketamine it takes ketamine's quantities. Trafficking a marketable quantity, 500.0 g or more under Schedule 1 item 146 of the Criminal Code Regulations, is s302.3, 25 years or 5,000 penalty units, or both. A commercial quantity, 1.0 kg or more, is s302.2, imprisonment for life or 7,500 penalty units, or both. Under s302.5 a person who prepares, transports, guards or possesses a trafficable quantity, 3.0 g or more, is taken to have intended to sell unless they prove they had neither that intention nor belief, a legal burden (s13.4). Manufacturing MXE for a commercial purpose is s305.5, 10 years or 2,000 penalty units, or both (12 years or 2,400 penalty units if a child under 14 is exposed, s310.4); s305.4 for a marketable quantity, 25 years or 5,000 penalty units (28 years or 5,600 aggravated); s305.3 for a commercial quantity, imprisonment for life or 7,500 penalty units, or both. Under s305.6 manufacturing a trafficable quantity presumes the commercial purpose, rebuttably. Import and export are offences of their own in Division 307 against the border controlled drug listing (Schedule 2 item 110), by s301.4(1)(b) as an analogue of ketamine, if that reading holds: s307.3, imprisonment for 10 years or 2,000 penalty units, or both, with a defence if the person proves no intention or belief that any would be sold; s307.4, which needs no commercial intent, 2 years or 400 penalty units, or both; s307.2 for a marketable quantity (3.0 g or more), 25 years or 5,000 penalty units, or both; s307.1 for a commercial quantity (1.0 kg or more), imprisonment for life or 7,500 penalty units, or both. Possessing an unlawfully imported quantity is s307.5 to s307.7 on the same thresholds, and possessing one reasonably suspected of unlawful import is s307.8 to s307.10. The Customs Act s233(5) leaves border controlled drugs to these offences rather than to the Customs Act smuggling offence. Possessing MXE as a controlled drug is s308.1, imprisonment for 2 years or 400 penalty units, or both, and s308.1(3) lets the court deal with the offender as if the offence were the state or territory possession offence, so diversion available there is available here. Supplying any quantity to a child is s309.2, 15 years or 3,000 penalty units, or both. Part 9.1, other than the import and export offences in Division 307, does not apply to conduct justified or excused by or under a state or territory law (s313.1), which is how lawful prescribing and dispensing sit outside it. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together. Quantities are proved under s312.1 as in force on 2 October 2026, by the pure drug in a mixture. A substituted s312.1, enacted by the Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2026 (assented to 26 August 2026), Schedule 2 Part 2, will «treat the mixture as consisting wholly of the prohibited substance»; it commences on a day fixed by Proclamation or at the latest on 26 August 2027, and no Proclamation was found when this was read. If it does not, possession, sale and supply within Australia are left to state and territory law.
- If prescribed / medical
- No prescription route: methoxetamine is not a medicine in any instrument read.
- Documentation
- No traveller exemption is shown for methoxetamine. The Australian Border Force traveller guidance (abf.gov.au, read 2 October 2026) covers «Prescription medicines such as morphine, oxycodone, methadone, methylphenidate, Adderall®, and benzodiazepines» and nothing read for this cell treats a foreign prescription for methoxetamine as lawful authority for an import that Division 307 otherwise punishes. An import needs an Office of Drug Control licence and permission under regulation 5(1) of the Customs (Prohibited Imports) Regulations 1956, and regulation 5(10) lets permission be granted only where, in the cases that apply to a private person, the drug «is required by the applicant for medical or scientific purposes». The personal importation rule in Therapeutic Goods Regulations 1990 Schedule 5 item 1, which covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family», does not help where the substance is a prohibited import, because it applies only where «the goods do not contain a substance the importation of which is prohibited under the Customs Act 1901».
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
Nicotine
- Legal status
- Prescription only medicine for human use, with a pharmacist tier for therapeutic vapes and a poison schedule otherwise; legal in tobacco and in registered replacement therapy. F2026L01327 places nicotine in Schedule 4: «# NICOTINE in preparations for human use except: (a) when included in Schedule 3; or (b) in preparations for oromucosal or transdermal administration for human therapeutic use when included in the Register as an aid in withdrawal either from tobacco smoking or nicotine vaping; or (c) in tobacco prepared and packed for smoking.» Schedule 3 covers nicotine in therapeutic vaping goods supplied by a pharmacist to adults, at a concentration that «does not exceed 20 mg/mL» and in no more than a month's supply, an entry first made by the October 2024 issue (F2024L01228, registered 30 September 2024, in force from 1 October 2024), whose predecessor in the February 2023 issue read in Schedule 4 only «NICOTINE in preparations for human use except: (a) in preparations for oromucosal or transdermal administration for human therapeutic use as an aid in withdrawal from tobacco smoking; or (b) in tobacco prepared and packed for smoking.»; Schedule 7 catches all other nicotine; Appendix D clause 5 lists «NICOTINE» among poisons that «must not be possessed by a person without authority». It is not a Criminal Code drug. Nicotine is not listed in Schedule 1 or Schedule 2 of the Criminal Code Regulations 2019 (Compilation No. 6). Nearest listed drug: phendimetrazine (Schedule 1 item 222, Schedule 2 item 182), an aryl ring joined to a saturated nitrogen ring that carries an N-methyl group, as in nicotine. Limb (a) of s301.9(1) does not reach it because its molecular formula differs from phendimetrazine's and from every listed drug's, so it is no isomer, and although it is a plant alkaloid it is not an alkaloid of a listed drug; limb (c) does not, because reaching it from phendimetrazine would replace the morpholine ring, a core ring, with a pyrrolidine ring, move the aryl ring from the carbon two bonds from the nitrogen to the carbon next to it, which changes the skeleton, and replace the benzene ring with a pyridine ring; the skeleton change is none of the s301.9(1)(c) modifications; and on the method stated next limb (d) does not, because it needs a core ring replacement and a change of skeleton, which is more than one contestable change. The method used for every row is a reading, not a rule the Act states: a modification that limb (a) or limb (c) plainly describes is treated as making a drug analogue; one contestable modification (a swap within one paragraph of s301.9(2), or a core ring replaced), a single limb (d) change from the listed drug, or an express exclusion or different listing in the Regulations is treated as making the exposure conditional; anything more, including adding or removing a ring, is treated as outside s301.9. Because s301.9(1)(c) allows a modification «obtained in one or more of the following ways», the tier this gives can depend on how a change is described, and nothing read settles which description governs. No court decision applying s301.9 to nicotine was read, so this is a reading of the text. Vaping goods are prohibited imports under regulation 5A of the Customs (Prohibited Imports) Regulations 1956, and «vape substance» there includes «nicotine in solution in any concentration». Nicotine pouches were added to the Therapeutic Goods Regulations 1990 by the Therapeutic Goods Legislation Amendment (Fees and Other Measures) Regulations 2026 (F2026L00847, made 25 June 2026, registered 26 June 2026), Schedule 1 Part 3, in force from 24 July 2026, which excludes them from the personal importation exemption and bars Therapeutic Goods Act s19 approvals for them. The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» No Part 9.1 drug offence reaches nicotine. Vaping goods carry their own Commonwealth offences in Chapter 4A of the Therapeutic Goods Act 1989 (Compilation No. 89), inserted by the Therapeutic Goods and Other Legislation Amendment (Vaping Reforms) Act 2024 (assented to 27 June 2024, Parts 1 to 3 of Schedule 1 in force from 1 July 2024): importing vaping goods is s41Q, «Imprisonment for 7 years or 5,000 penalty units, or both», or 200 penalty units as a strict liability offence, unless the import is not prohibited under the Customs Act; manufacturing (s41QA) and supplying (s41QB) carry the same 7 years or 5,000 penalty units, subject to the exceptions set out in each section; and possessing at least a commercial quantity is s41QC, 2 years or 1,000 penalty units, rising to 4 years or 3,000 at 100 times and 7 years or 5,000 at 1,000 times that quantity. Therapeutic Goods Regulations 1990 regulation 10N sets the commercial quantity at 9 vaping devices, 60 vaping accessories or 400 ml of liquid. Nicotine pouches lost the personal importation exemption on 24 July 2026. The amending regulations define a nicotine pouch as «a therapeutic good of a kind specified in item 1 of the table in Schedule 1 to the Therapeutic Goods (Determined Goods) Determination 2024» in pouch form, take pouches out of the regulation 12A exemption from Part 3-2 of the Therapeutic Goods Act, and bar s19 approvals for them (regulation 12BB), so a pouch that is not registered or listed goods is imported unlawfully. Therapeutic Goods Act s19B (Compilation No. 89, volume 1) then applies to whoever «imports into Australia therapeutic goods for use in humans» that are not registered, listed, exempt or approved: s19B(4), «Imprisonment for 12 months or 1,000 penalty units, or both»; s19B(4A), a strict liability offence of «100 penalty units»; and s19B(1), where use of the goods has resulted or would be likely to result in harm or injury, «Imprisonment for 5 years or 4,000 penalty units, or both». s19B(5) gives a defence «if the defendant proves that the defendant was not the sponsor of the goods», but the Act's s3 definition of sponsor includes «a person who imports, or arranges the importation of, the goods into Australia», so a person importing pouches for their own use is ordinarily the sponsor and the defence does not help them. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together.
- If prescribed / medical
- Nicotine for human use, including vaping liquid, is Schedule 4 unless it is registered oromucosal or transdermal replacement therapy (unscheduled) or a Schedule 3 therapeutic vape supplied by a pharmacist to an adult. The Reader's guide, which is not part of the instrument, describes Schedule 4 as «Substances, the use or supply of which should be by or on the order of persons permitted by State or Territory legislation to prescribe and should be available from a pharmacist on prescription.» The product standard for therapeutic vapes, the Therapeutic Goods (Standard for Therapeutic Vaping Goods) (TGO 110) Order 2021 (Compilation No. 2, compilation date 1 October 2024), caps nicotine in a therapeutic vape at 50 mg/mL. Its words are «The concentration of nicotine in a therapeutic vaping substance or a therapeutic vaping substance accessory must not be more than 50 mg/mL in solution (equivalent base form).» It also limits flavour to flavouring agents that produce «(a) menthol flavour; (b) mint flavour; (c) tobacco flavour», with no combination of flavours.
- Documentation
- Regulation 5A(2) lets a passenger bring vaping goods for their own treatment without a licence up to «2 vapes», «20 vape accessories that are cartridges, capsules or pods» and «200 ml of vape substances in liquid form». The ABF guidance (read 2 October 2026) states that from 24 July 2026 «Travellers cannot bring nicotine pouches into Australia.», which matches the Therapeutic Goods Regulations amendment cited above; and that «You do not need to carry a prescription or a letter from your doctor to import vaping goods.» within those limits. The Therapeutic Goods Administration and Office of Drug Control traveller pages (tga.gov.au, odc.gov.au) did not respond from this network on 2 October 2026 (curl timeout after 60 seconds, twice, and a second fetcher timed out), so nothing in this cell rests on them.
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Therapeutic Goods Act 1989, Compilation No. 89, volume 1 (s3, s19B) · legislation.gov.au · Therapeutic Goods Act 1989, Compilation No. 89, volume 2 (Chapter 4A) · legislation.gov.au · Therapeutic Goods and Other Legislation Amendment (Vaping Reforms) Act 2024 · legislation.gov.au · Therapeutic Goods Legislation Amendment (Fees and Other Measures) Regulations 2026 · legislation.gov.au · Therapeutic Goods (Standard for Therapeutic Vaping Goods) (TGO 110) Order 2021, Compilation No. 2 · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
Nimetazepam
- Legal status
- Controlled as a prescription only benzodiazepine and a prohibited import; not a Criminal Code drug. Nimetazepam is not named in the Schedules of F2026L01327 as in force on 2 October 2026, but it is a 1,4-benzodiazepin-2-one (1-methyl-7-nitro-5-phenyl), squarely a benzodiazepine derivative, so the Schedule 4 class entry «# BENZODIAZEPINE derivatives except when separately specified in these Schedules.» places it in Schedule 4 with the Appendix D clause 5 possession control. Customs (Prohibited Imports) Regulations 1956 Schedule 4 item 164 names it («164 Nimetazepam»). It is not listed in Schedule 1 or Schedule 2 of the Criminal Code Regulations 2019 (Compilation No. 6). Nearest listed drug: bromazolam (Schedule 1 item 36A, Schedule 2 item 31A), the one benzodiazepine the Regulations list. Limb (a) of s301.9(1) does not reach it because it is not a stereoisomer, a structural isomer or an alkaloid of bromazolam; its molecular formula differs; limb (c) does not, because reaching it from bromazolam would remove the whole fused triazole ring with its methyl group, add a ring carbonyl and an N-methyl group and replace bromine with a nitro group, and removing a ring is none of the s301.9(1)(c) modifications; and on the method stated next limb (d) does not, because removing a whole ring puts it outside s301.9 on that method, whatever view is taken of the remaining swaps. The method used for every row is a reading, not a rule the Act states: a modification that limb (a) or limb (c) plainly describes is treated as making a drug analogue; one contestable modification (a swap within one paragraph of s301.9(2), or a core ring replaced), a single limb (d) change from the listed drug, or an express exclusion or different listing in the Regulations is treated as making the exposure conditional; anything more, including adding or removing a ring, is treated as outside s301.9. Because s301.9(1)(c) allows a modification «obtained in one or more of the following ways», the tier this gives can depend on how a change is described, and nothing read settles which description governs. No court decision applying s301.9 to nimetazepam was read, so this is a reading of the text. The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» No Commonwealth offence reaches possession, sale, supply or manufacture of nimetazepam; those are state and territory poisons offences built on Schedule 4 and Appendix D. At the border it is a prohibited import under regulation 5 of the Customs (Prohibited Imports) Regulations 1956, which names nimetazepam at Schedule 4 item 164. Importing it without a licence and permission, or outside the traveller exemption, contravenes Customs Act 1901 s233(1)(b), and having unlawfully imported goods in possession contravenes s233(1)(d); both are strict liability (s233(1AB)) and are punishable under s233AB(2) by a fine only, not exceeding 3 times the value of the goods or 1,000 penalty units ($364,000), whichever is greater. Customs Act s233(5) takes narcotic goods, meaning border controlled drugs and plants, out of s233, which is why Division 307 and not s233 governs a border controlled drug. Part 9.2 does not apply because s320.2(2)(k) excludes a prohibited import. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together.
- If prescribed / medical
- Schedule 4 makes it a prescription only medicine wherever a state or territory adopts the class entry, and Appendix D clause 5 adds that it «must not be possessed by a person without authority». No Australian approved nimetazepam product appears in anything read for this cell, so a local prescription route is not shown.
- Documentation
- Traveller rule, Commonwealth: regulation 5(2)(b) of the Customs (Prohibited Imports) Regulations 1956 lifts the import prohibition for a drug carried by a passenger on a ship or aircraft that «is required for the medical treatment of the person or of another passenger under the care of the person», «was prescribed by a medical practitioner for the purposes of that treatment» and «was supplied to the person in accordance with the prescription of the medical practitioner referred to in subparagraph (ii)». Therapeutic Goods Regulations 1990 Schedule 5 item 1 (Compilation No. 130, compilation date 8 September 2026) covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family» and limits the personal import to «not more than 3 months’ supply at the maximum dose recommended by the manufacturer» in one importation and, for goods in Schedule 4 or Schedule 8 of the current Poisons Standard, requires a written authority from a medical practitioner, or an overseas medical practitioner where the goods are carried by a passenger. The Australian Border Force traveller guidance (abf.gov.au, read 2 October 2026) asks the traveller to «carry a letter or copy of your prescription (written in English) from your doctor to certify that the medicine has been prescribed to you to treat a medical condition», to keep the medicine in its original packaging and to declare it on arrival. Anything outside that exemption needs an import licence and permission from the Office of Drug Control under regulation 5(1). Where the medicine is also a border controlled drug, Division 307 of the Criminal Code has no traveller exception of its own; the traveller relies on Criminal Code s10.5, «A person is not criminally responsible for an offence if the conduct constituting the offence is justified or excused by or under a law.», on the footing that an import within regulation 5(2)(b) is so excused. That footing is this cell's reading of the provisions; no decision applying it was read. The Therapeutic Goods Administration and Office of Drug Control traveller pages (tga.gov.au, odc.gov.au) did not respond from this network on 2 October 2026 (curl timeout after 60 seconds, twice, and a second fetcher timed out), so nothing in this cell rests on them.
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
Nitrous Oxide
- Legal status
- Scheduled poison; no Commonwealth criminal drug status. F2026L01327 places nitrous oxide in Schedule 4 «NITROUS OXIDE for therapeutic use.» and in Schedule 6, the poisons schedule, «NITROUS OXIDE except when included in Schedule 4.», with first aid and warning statement requirements in Appendices E and F. It is not listed in Schedule 1 or Schedule 2 of the Criminal Code Regulations 2019 (Compilation No. 6). Nearest listed drug: none: nitrous oxide is an inorganic gas with no carbon, and every listed drug is an organic compound. Limb (a) of s301.9(1) does not reach it because no listed drug has the formula N2O or is an isomer of it, and it is not an alkaloid; limb (c) does not, because the s301.9(1)(c) modifications act on a listed drug's carbon skeleton and none yields a carbon-free two-nitrogen oxide; and on the method stated next limb (d) does not, because it is not similar in chemical structure to any listed drug. The method used for every row is a reading, not a rule the Act states: a modification that limb (a) or limb (c) plainly describes is treated as making a drug analogue; one contestable modification (a swap within one paragraph of s301.9(2), or a core ring replaced), a single limb (d) change from the listed drug, or an express exclusion or different listing in the Regulations is treated as making the exposure conditional; anything more, including adding or removing a ring, is treated as outside s301.9. Because s301.9(1)(c) allows a modification «obtained in one or more of the following ways», the tier this gives can depend on how a change is described, and nothing read settles which description governs. No court decision applying s301.9 to nitrous oxide was read, so this is a reading of the text. Nor is it named in Schedule 4 of the Customs (Prohibited Imports) Regulations 1956 as in force on 2 October 2026. The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» No Commonwealth criminal offence reaches possession, sale, supply, manufacture or use of nitrous oxide: it is not a controlled or border controlled drug, and it is not a prohibited import under Schedule 4 of the Customs (Prohibited Imports) Regulations 1956 (Compilation No. 147), so the Customs Act 1901 s233 offence for prohibited imports does not reach its import. Supply is controlled by state and territory poisons law applying its Poisons Standard schedule. Part 9.2 of the Criminal Code is the residual import offence: s320.2 punishes importing a psychoactive substance by 5 years or 300 penalty units, or both, and s320.3 importing a substance presented as a serious drug alternative by 2 years or 120 penalty units, or both; s320.2(2) excludes listed or registered therapeutic goods, goods represented for therapeutic use other than as a serious drug alternative, industrial chemicals, a plant or fungus or an extract from one, any serious drug or precursor, and any prohibited import within the meaning of the Customs Act. Part 9.2 resolved: s320.2 does not reach an import of nitrous oxide, because s320.2(2)(i) excludes «an industrial chemical within the meaning of the Industrial Chemicals Act 2019». That Act (Compilation No. 6, compilation date 14 October 2024) makes an industrial chemical, in s10(1)(b), «a compound or complex of a chemical element that has an industrial use», and s9 defines industrial use as «a use other than (or in addition to)» agricultural, veterinary, therapeutic, vaping, food and feed uses and any use the rules prescribe. Nitrous oxide is used as an anaesthetic, a food propellant and an industrial gas; the industrial gas use is outside the excluded list. The Industrial Chemicals (General) Rules 2019 (Compilation No. 7) prescribe no use for that definition and exclude only «radioactive chemicals» under s10(2), so nitrous oxide is an industrial chemical and s320.2 does not apply whatever product it is sold in. s320.3 has no industrial chemical exclusion and no prohibited import exclusion, so importing nitrous oxide in a presentation that includes «an express or implied representation that the substance is a serious drug alternative» is an offence against s320.3, imprisonment for 2 years or 120 penalty units, or both, unless it is a listed or registered therapeutic good (s320.3(3)(b)) or food for which there is a standard (s320.3(3)(a)). That last exception decides it for nitrous oxide: the Food Standards Australia New Zealand Act 1991 s5(1)(b) makes food include «any substance or thing of a kind used, capable of being used, or represented as being for use, as an ingredient or additive» in food, and the Food Standards Code Schedule 16 (Compilation No. 3, compilation date 16 September 2025), which states «This instrument is a standard under the Food Standards Australia New Zealand Act 1991 (Cth).», lists «Nitrous oxide 942» among «the additives permitted at GMP». Nitrous oxide is therefore food for which there is a standard, and s320.3(3)(a) and s320.2(2)(a) exclude it as well, so on the text neither Part 9.2 offence reaches an import of nitrous oxide, however it is presented. No decision applying the food exclusion to a canister sold for inhalation was read for this cell. Retail sale restrictions on canisters are state and territory law. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together.
- If prescribed / medical
- For therapeutic use it is Schedule 4. The Reader's guide, which is not part of the instrument, describes Schedule 4 as «Substances, the use or supply of which should be by or on the order of persons permitted by State or Territory legislation to prescribe and should be available from a pharmacist on prescription.»
- Documentation
- No traveller rule is specific to nitrous oxide; its import is not prohibited by the Customs (Prohibited Imports) Regulations, and pressurised gas cylinders are subject to aviation dangerous goods rules not read for this cell.
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Industrial Chemicals Act 2019, Compilation No. 6 (s9, s10) · legislation.gov.au · Industrial Chemicals (General) Rules 2019, Compilation No. 7 (s13) · legislation.gov.au · Food Standards Australia New Zealand Act 1991, compilation C2024C00524 (s5) · legislation.gov.au · Australia New Zealand Food Standards Code Schedule 16, Compilation No. 3 · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
Opium
- Legal status
- Controlled. Opium is named in Schedule 8 of F2026L01327 as «OPIUM except the alkaloids noscapine in Schedule 2 and papaverine when included in Schedule 2 or 4.». Criminal Code Regulations s15 lists Papaver somniferum as border controlled plant item 5 (marketable quantity 10 kg) and Papaver bracteatum as item 4. Criminal Code Regulations 2019: a controlled drug at Schedule 1 item 211 (commercial quantity 20.0 kg, marketable 10,000.0 g, trafficable 20.0 g) and a border controlled drug at Schedule 2 item 169 (commercial 20.0 kg, marketable 20.0 g). Customs (Prohibited Imports) Regulations 1956 Schedule 4 item 173 («173 Opium»), with poppy straw at item 205 and «Seeds of the plant of the species Papaver somniferum (otherwise known as opium poppy)» at item 219. The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» Trafficking opium (s302.1: selling, preparing for supply, transporting, guarding or possessing with intent to sell) is s302.4, imprisonment for 10 years or 2,000 penalty units, or both. Trafficking a marketable quantity, 10,000.0 g or more under Schedule 1 item 211 of the Criminal Code Regulations, is s302.3, 25 years or 5,000 penalty units, or both. A commercial quantity, 20.0 kg or more, is s302.2, imprisonment for life or 7,500 penalty units, or both. Under s302.5 a person who prepares, transports, guards or possesses a trafficable quantity, 20.0 g or more, is taken to have intended to sell unless they prove they had neither that intention nor belief, a legal burden (s13.4). Manufacturing opium for a commercial purpose is s305.5, 10 years or 2,000 penalty units, or both (12 years or 2,400 penalty units if a child under 14 is exposed, s310.4); s305.4 for a marketable quantity, 25 years or 5,000 penalty units (28 years or 5,600 aggravated); s305.3 for a commercial quantity, imprisonment for life or 7,500 penalty units, or both. Under s305.6 manufacturing a trafficable quantity presumes the commercial purpose, rebuttably. Import and export are offences of their own in Division 307 against the border controlled drug listing (Schedule 2 item 169): s307.3, imprisonment for 10 years or 2,000 penalty units, or both, with a defence if the person proves no intention or belief that any would be sold; s307.4, which needs no commercial intent, 2 years or 400 penalty units, or both; s307.2 for a marketable quantity (20.0 g or more), 25 years or 5,000 penalty units, or both; s307.1 for a commercial quantity (20.0 kg or more), imprisonment for life or 7,500 penalty units, or both. Possessing an unlawfully imported quantity is s307.5 to s307.7 on the same thresholds, and possessing one reasonably suspected of unlawful import is s307.8 to s307.10. The Customs Act s233(5) leaves border controlled drugs to these offences rather than to the Customs Act smuggling offence. Possessing opium as a controlled drug is s308.1, imprisonment for 2 years or 400 penalty units, or both, and s308.1(3) lets the court deal with the offender as if the offence were the state or territory possession offence, so diversion available there is available here. Supplying any quantity to a child is s309.2, 15 years or 3,000 penalty units, or both. Part 9.1, other than the import and export offences in Division 307, does not apply to conduct justified or excused by or under a state or territory law (s313.1), which is how lawful prescribing and dispensing sit outside it. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together. Quantities are proved under s312.1 as in force on 2 October 2026, by the pure drug in a mixture. A substituted s312.1, enacted by the Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2026 (assented to 26 August 2026), Schedule 2 Part 2, will «treat the mixture as consisting wholly of the prohibited substance»; it commences on a day fixed by Proclamation or at the latest on 26 August 2027, and no Proclamation was found when this was read.
- If prescribed / medical
- Opium has a prescription route as a Schedule 8 controlled drug. The Reader's guide, which is not part of the instrument, describes Schedule 8 as «Substances which should be available for use but require restriction of manufacture, supply, distribution, possession and use to reduce abuse, misuse and physical or psychological dependence.» Prescribing, dispensing and the permits a prescriber may need are state and territory law. Possession under a lawful prescription is conduct justified or excused by state or territory law, so Part 9.1 outside Division 307 does not apply to it (s313.1), and Criminal Code s10.5 provides «A person is not criminally responsible for an offence if the conduct constituting the offence is justified or excused by or under a law.» Its alkaloids that are medicines carry their own entries. The Narcotic Drugs Act 1967 (Compilation No. 16, compilation date 14 October 2024) also applies, because it defines drug as «any substance that is a drug for the purposes of the Convention», the Single Convention on Narcotic Drugs, 1961: it licenses the manufacture of narcotic drugs through manufacture licences and permits.
- Documentation
- Traveller rule, Commonwealth: regulation 5(2)(b) of the Customs (Prohibited Imports) Regulations 1956 lifts the import prohibition for a drug carried by a passenger on a ship or aircraft that «is required for the medical treatment of the person or of another passenger under the care of the person», «was prescribed by a medical practitioner for the purposes of that treatment» and «was supplied to the person in accordance with the prescription of the medical practitioner referred to in subparagraph (ii)». Therapeutic Goods Regulations 1990 Schedule 5 item 1 (Compilation No. 130, compilation date 8 September 2026) covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family» and limits the personal import to «not more than 3 months’ supply at the maximum dose recommended by the manufacturer» in one importation and, for goods in Schedule 4 or Schedule 8 of the current Poisons Standard, requires a written authority from a medical practitioner, or an overseas medical practitioner where the goods are carried by a passenger. The Australian Border Force traveller guidance (abf.gov.au, read 2 October 2026) asks the traveller to «carry a letter or copy of your prescription (written in English) from your doctor to certify that the medicine has been prescribed to you to treat a medical condition», to keep the medicine in its original packaging and to declare it on arrival. Anything outside that exemption needs an import licence and permission from the Office of Drug Control under regulation 5(1). Where the medicine is also a border controlled drug, Division 307 of the Criminal Code has no traveller exception of its own; the traveller relies on Criminal Code s10.5, «A person is not criminally responsible for an offence if the conduct constituting the offence is justified or excused by or under a law.», on the footing that an import within regulation 5(2)(b) is so excused. That footing is this cell's reading of the provisions; no decision applying it was read. The Therapeutic Goods Administration and Office of Drug Control traveller pages (tga.gov.au, odc.gov.au) did not respond from this network on 2 October 2026 (curl timeout after 60 seconds, twice, and a second fetcher timed out), so nothing in this cell rests on them.
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Narcotic Drugs Act 1967, Compilation No. 16 · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
Oxycodone
- Legal status
- Controlled medicine. Oxycodone is named in Schedule 8 of F2026L01327 as «OXYCODONE.». Criminal Code Regulations 2019: a controlled drug at Schedule 1 item 213 (commercial quantity 5.0 kg, marketable 2,500.0 g, trafficable 5.0 g) and a border controlled drug at Schedule 2 item 171 (commercial 5.0 kg, marketable 5.0 g). Customs (Prohibited Imports) Regulations 1956 Schedule 4 item 176 («176 Oxycodone»). The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» Trafficking oxycodone (s302.1: selling, preparing for supply, transporting, guarding or possessing with intent to sell) is s302.4, imprisonment for 10 years or 2,000 penalty units, or both. Trafficking a marketable quantity, 2,500.0 g or more under Schedule 1 item 213 of the Criminal Code Regulations, is s302.3, 25 years or 5,000 penalty units, or both. A commercial quantity, 5.0 kg or more, is s302.2, imprisonment for life or 7,500 penalty units, or both. Under s302.5 a person who prepares, transports, guards or possesses a trafficable quantity, 5.0 g or more, is taken to have intended to sell unless they prove they had neither that intention nor belief, a legal burden (s13.4). Manufacturing oxycodone for a commercial purpose is s305.5, 10 years or 2,000 penalty units, or both (12 years or 2,400 penalty units if a child under 14 is exposed, s310.4); s305.4 for a marketable quantity, 25 years or 5,000 penalty units (28 years or 5,600 aggravated); s305.3 for a commercial quantity, imprisonment for life or 7,500 penalty units, or both. Under s305.6 manufacturing a trafficable quantity presumes the commercial purpose, rebuttably. Import and export are offences of their own in Division 307 against the border controlled drug listing (Schedule 2 item 171): s307.3, imprisonment for 10 years or 2,000 penalty units, or both, with a defence if the person proves no intention or belief that any would be sold; s307.4, which needs no commercial intent, 2 years or 400 penalty units, or both; s307.2 for a marketable quantity (5.0 g or more), 25 years or 5,000 penalty units, or both; s307.1 for a commercial quantity (5.0 kg or more), imprisonment for life or 7,500 penalty units, or both. Possessing an unlawfully imported quantity is s307.5 to s307.7 on the same thresholds, and possessing one reasonably suspected of unlawful import is s307.8 to s307.10. The Customs Act s233(5) leaves border controlled drugs to these offences rather than to the Customs Act smuggling offence. Possessing oxycodone as a controlled drug is s308.1, imprisonment for 2 years or 400 penalty units, or both, and s308.1(3) lets the court deal with the offender as if the offence were the state or territory possession offence, so diversion available there is available here. Supplying any quantity to a child is s309.2, 15 years or 3,000 penalty units, or both. Part 9.1, other than the import and export offences in Division 307, does not apply to conduct justified or excused by or under a state or territory law (s313.1), which is how lawful prescribing and dispensing sit outside it. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together. Quantities are proved under s312.1 as in force on 2 October 2026, by the pure drug in a mixture. A substituted s312.1, enacted by the Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2026 (assented to 26 August 2026), Schedule 2 Part 2, will «treat the mixture as consisting wholly of the prohibited substance»; it commences on a day fixed by Proclamation or at the latest on 26 August 2027, and no Proclamation was found when this was read.
- If prescribed / medical
- Oxycodone has a prescription route as a Schedule 8 controlled drug. The Reader's guide, which is not part of the instrument, describes Schedule 8 as «Substances which should be available for use but require restriction of manufacture, supply, distribution, possession and use to reduce abuse, misuse and physical or psychological dependence.» Prescribing, dispensing and the permits a prescriber may need are state and territory law. Possession under a lawful prescription is conduct justified or excused by state or territory law, so Part 9.1 outside Division 307 does not apply to it (s313.1), and Criminal Code s10.5 provides «A person is not criminally responsible for an offence if the conduct constituting the offence is justified or excused by or under a law.» The Narcotic Drugs Act 1967 (Compilation No. 16, compilation date 14 October 2024) also applies, because it defines drug as «any substance that is a drug for the purposes of the Convention», the Single Convention on Narcotic Drugs, 1961: it licenses the manufacture of narcotic drugs through manufacture licences and permits.
- Documentation
- Traveller rule, Commonwealth: regulation 5(2)(b) of the Customs (Prohibited Imports) Regulations 1956 lifts the import prohibition for a drug carried by a passenger on a ship or aircraft that «is required for the medical treatment of the person or of another passenger under the care of the person», «was prescribed by a medical practitioner for the purposes of that treatment» and «was supplied to the person in accordance with the prescription of the medical practitioner referred to in subparagraph (ii)». Therapeutic Goods Regulations 1990 Schedule 5 item 1 (Compilation No. 130, compilation date 8 September 2026) covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family» and limits the personal import to «not more than 3 months’ supply at the maximum dose recommended by the manufacturer» in one importation and, for goods in Schedule 4 or Schedule 8 of the current Poisons Standard, requires a written authority from a medical practitioner, or an overseas medical practitioner where the goods are carried by a passenger. The Australian Border Force traveller guidance (abf.gov.au, read 2 October 2026) asks the traveller to «carry a letter or copy of your prescription (written in English) from your doctor to certify that the medicine has been prescribed to you to treat a medical condition», to keep the medicine in its original packaging and to declare it on arrival. Anything outside that exemption needs an import licence and permission from the Office of Drug Control under regulation 5(1). Where the medicine is also a border controlled drug, Division 307 of the Criminal Code has no traveller exception of its own; the traveller relies on Criminal Code s10.5, «A person is not criminally responsible for an offence if the conduct constituting the offence is justified or excused by or under a law.», on the footing that an import within regulation 5(2)(b) is so excused. That footing is this cell's reading of the provisions; no decision applying it was read. The Therapeutic Goods Administration and Office of Drug Control traveller pages (tga.gov.au, odc.gov.au) did not respond from this network on 2 October 2026 (curl timeout after 60 seconds, twice, and a second fetcher timed out), so nothing in this cell rests on them.
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Narcotic Drugs Act 1967, Compilation No. 16 · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
PCP
- Legal status
- Prohibited. Phencyclidine (PCP) is named in Schedule 9 of F2026L01327 as «PHENCYCLIDINE *(PCP).». Criminal Code Regulations 2019: a controlled drug at Schedule 1 item 221 (commercial quantity 2.0 kg, marketable 250.0 g, trafficable 2.0 g) and a border controlled drug at Schedule 2 item 181 (commercial 2.0 kg, marketable 2.0 g). Customs (Prohibited Imports) Regulations 1956 Schedule 4 item 190 («190 Phencyclidine»). The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» Trafficking phencyclidine (s302.1: selling, preparing for supply, transporting, guarding or possessing with intent to sell) is s302.4, imprisonment for 10 years or 2,000 penalty units, or both. Trafficking a marketable quantity, 250.0 g or more under Schedule 1 item 221 of the Criminal Code Regulations, is s302.3, 25 years or 5,000 penalty units, or both. A commercial quantity, 2.0 kg or more, is s302.2, imprisonment for life or 7,500 penalty units, or both. Under s302.5 a person who prepares, transports, guards or possesses a trafficable quantity, 2.0 g or more, is taken to have intended to sell unless they prove they had neither that intention nor belief, a legal burden (s13.4). Manufacturing phencyclidine for a commercial purpose is s305.5, 10 years or 2,000 penalty units, or both (12 years or 2,400 penalty units if a child under 14 is exposed, s310.4); s305.4 for a marketable quantity, 25 years or 5,000 penalty units (28 years or 5,600 aggravated); s305.3 for a commercial quantity, imprisonment for life or 7,500 penalty units, or both. Under s305.6 manufacturing a trafficable quantity presumes the commercial purpose, rebuttably. Import and export are offences of their own in Division 307 against the border controlled drug listing (Schedule 2 item 181): s307.3, imprisonment for 10 years or 2,000 penalty units, or both, with a defence if the person proves no intention or belief that any would be sold; s307.4, which needs no commercial intent, 2 years or 400 penalty units, or both; s307.2 for a marketable quantity (2.0 g or more), 25 years or 5,000 penalty units, or both; s307.1 for a commercial quantity (2.0 kg or more), imprisonment for life or 7,500 penalty units, or both. Possessing an unlawfully imported quantity is s307.5 to s307.7 on the same thresholds, and possessing one reasonably suspected of unlawful import is s307.8 to s307.10. The Customs Act s233(5) leaves border controlled drugs to these offences rather than to the Customs Act smuggling offence. Possessing phencyclidine as a controlled drug is s308.1, imprisonment for 2 years or 400 penalty units, or both, and s308.1(3) lets the court deal with the offender as if the offence were the state or territory possession offence, so diversion available there is available here. Supplying any quantity to a child is s309.2, 15 years or 3,000 penalty units, or both. Part 9.1, other than the import and export offences in Division 307, does not apply to conduct justified or excused by or under a state or territory law (s313.1), which is how lawful prescribing and dispensing sit outside it. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together. Quantities are proved under s312.1 as in force on 2 October 2026, by the pure drug in a mixture. A substituted s312.1, enacted by the Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2026 (assented to 26 August 2026), Schedule 2 Part 2, will «treat the mixture as consisting wholly of the prohibited substance»; it commences on a day fixed by Proclamation or at the latest on 26 August 2027, and no Proclamation was found when this was read.
- If prescribed / medical
- No prescription route: Phencyclidine sits in Schedule 9 of F2026L01327. The Reader's guide, which is not part of the instrument, describes Schedule 9 as «Substances which may be abused or misused, the manufacture, possession, supply or use of which should be prohibited by law except when required for medical or scientific research, or for analytical, teaching or training purposes with approval of Commonwealth and/or State or Territory Health Authorities.» Outside an approved clinical trial or research, there is no lawful medical supply in Australia on anything read for this cell, and a foreign prescription does not change the Commonwealth position.
- Documentation
- No traveller exemption is shown for a Schedule 9 substance. The Australian Border Force traveller guidance (abf.gov.au, read 2 October 2026) covers «Prescription medicines such as morphine, oxycodone, methadone, methylphenidate, Adderall®, and benzodiazepines» and nothing read for this cell treats a foreign prescription for a Schedule 9 substance as lawful authority for an import that Division 307 otherwise punishes. An import needs an Office of Drug Control licence and permission under regulation 5(1) of the Customs (Prohibited Imports) Regulations 1956, and regulation 5(10) lets permission be granted only where, in the cases that apply to a private person, the drug «is required by the applicant for medical or scientific purposes». The personal importation rule in Therapeutic Goods Regulations 1990 Schedule 5 item 1, which covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family», does not help where the substance is a prohibited import, because it applies only where «the goods do not contain a substance the importation of which is prohibited under the Customs Act 1901».
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
Peyote
- Legal status
- Prohibited through mescaline, and a named border controlled plant. The Criminal Code Regulations 2019 list «Any plant of the genus Lophophora» as border controlled plant item 3 under s15, with no commercial or marketable quantity printed, and mescaline as a controlled drug at Schedule 1 item 154 (commercial 7.5 kg, marketable 3.75 g, trafficable 7.5 g) and border controlled drug at Schedule 2 item 118 (7.5 kg, 7.5 g). The cactus is not a controlled plant, so growing it is not a Division 303 offence; dried peyote is reached as material containing mescaline. F2026L01327 does not name the cactus; it reaches it through «3,4,5-TRIMETHOXYPHENETHYLAMINE (mescaline) and other substances structurally derived from methoxy-phenylethylamine» in Schedule 9 with s7(a) and (g). Customs (Prohibited Imports) Regulations 1956 Schedule 4 item 204 names «(f) Lophophora;» among prohibited plants and parts of plants. The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» Importing a living Lophophora plant is a Division 307 offence as a border controlled plant (s307.3 and s307.4; no plant quantities are listed, so s307.1 and s307.2 have no plant threshold). Trafficking mescaline in peyote (s302.1: selling, preparing for supply, transporting, guarding or possessing with intent to sell) is s302.4, imprisonment for 10 years or 2,000 penalty units, or both. Trafficking a marketable quantity, 3.75 g or more under Schedule 1 item 154 of the Criminal Code Regulations, is s302.3, 25 years or 5,000 penalty units, or both. A commercial quantity, 7.5 kg or more, is s302.2, imprisonment for life or 7,500 penalty units, or both. Under s302.5 a person who prepares, transports, guards or possesses a trafficable quantity, 7.5 g or more, is taken to have intended to sell unless they prove they had neither that intention nor belief, a legal burden (s13.4). Manufacturing mescaline in peyote for a commercial purpose is s305.5, 10 years or 2,000 penalty units, or both (12 years or 2,400 penalty units if a child under 14 is exposed, s310.4); s305.4 for a marketable quantity, 25 years or 5,000 penalty units (28 years or 5,600 aggravated); s305.3 for a commercial quantity, imprisonment for life or 7,500 penalty units, or both. Under s305.6 manufacturing a trafficable quantity presumes the commercial purpose, rebuttably. Import and export are offences of their own in Division 307 against the border controlled drug listing (Schedule 2 item 118): s307.3, imprisonment for 10 years or 2,000 penalty units, or both, with a defence if the person proves no intention or belief that any would be sold; s307.4, which needs no commercial intent, 2 years or 400 penalty units, or both; s307.2 for a marketable quantity (7.5 g or more), 25 years or 5,000 penalty units, or both; s307.1 for a commercial quantity (7.5 kg or more), imprisonment for life or 7,500 penalty units, or both. Possessing an unlawfully imported quantity is s307.5 to s307.7 on the same thresholds, and possessing one reasonably suspected of unlawful import is s307.8 to s307.10. The Customs Act s233(5) leaves border controlled drugs to these offences rather than to the Customs Act smuggling offence. Possessing mescaline in peyote as a controlled drug is s308.1, imprisonment for 2 years or 400 penalty units, or both, and s308.1(3) lets the court deal with the offender as if the offence were the state or territory possession offence, so diversion available there is available here. Supplying any quantity to a child is s309.2, 15 years or 3,000 penalty units, or both. Part 9.1, other than the import and export offences in Division 307, does not apply to conduct justified or excused by or under a state or territory law (s313.1), which is how lawful prescribing and dispensing sit outside it. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together. Quantities are proved under s312.1 as in force on 2 October 2026, by the pure drug in a mixture. A substituted s312.1, enacted by the Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2026 (assented to 26 August 2026), Schedule 2 Part 2, will «treat the mixture as consisting wholly of the prohibited substance»; it commences on a day fixed by Proclamation or at the latest on 26 August 2027, and no Proclamation was found when this was read.
- If prescribed / medical
- No prescription route: Peyote, through mescaline, sits in Schedule 9 of F2026L01327. The Reader's guide, which is not part of the instrument, describes Schedule 9 as «Substances which may be abused or misused, the manufacture, possession, supply or use of which should be prohibited by law except when required for medical or scientific research, or for analytical, teaching or training purposes with approval of Commonwealth and/or State or Territory Health Authorities.» Outside an approved clinical trial or research, there is no lawful medical supply in Australia on anything read for this cell, and a foreign prescription does not change the Commonwealth position.
- Documentation
- No traveller exemption is shown for peyote. The Australian Border Force traveller guidance (abf.gov.au, read 2 October 2026) covers «Prescription medicines such as morphine, oxycodone, methadone, methylphenidate, Adderall®, and benzodiazepines» and nothing read for this cell treats a foreign prescription for peyote as lawful authority for an import that Division 307 otherwise punishes. An import needs an Office of Drug Control licence and permission under regulation 5(1) of the Customs (Prohibited Imports) Regulations 1956, and regulation 5(10) lets permission be granted only where, in the cases that apply to a private person, the drug «is required by the applicant for medical or scientific purposes». The personal importation rule in Therapeutic Goods Regulations 1990 Schedule 5 item 1, which covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family», does not help where the substance is a prohibited import, because it applies only where «the goods do not contain a substance the importation of which is prohibited under the Customs Act 1901».
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
Phenibut
- Legal status
- Prohibited under the Poisons Standard and a prohibited import; not a Criminal Code drug. F2026L01327 names phenibut in Schedule 9, «PHENIBUT.». The Customs (Prohibited Imports) Regulations 1956 name it, «14ABA 4-amino-3-phenylbutyric acid (otherwise known as phenibut)». It is not listed in Schedule 1 or Schedule 2 of the Criminal Code Regulations 2019 (Compilation No. 6). Nearest listed drug: 4-hydroxybutanoic acid, GHB (Schedule 1 item 132, Schedule 2 item 103). Limb (a) of s301.9(1) does not reach it because its molecular formula differs from GHB's, so it is no isomer, and it is not an alkaloid; limb (c) does not, because phenibut is GHB with the hydroxy group swapped for an amino group, both within paragraph s301.9(2)(c), and with a phenyl ring added at carbon 3, and a phenyl ring is not a group s301.9(2) specifies; and on the method stated next limb (d) does not, because it is two changes from GHB, a contestable swap and an added ring. The method used for every row is a reading, not a rule the Act states: a modification that limb (a) or limb (c) plainly describes is treated as making a drug analogue; one contestable modification (a swap within one paragraph of s301.9(2), or a core ring replaced), a single limb (d) change from the listed drug, or an express exclusion or different listing in the Regulations is treated as making the exposure conditional; anything more, including adding or removing a ring, is treated as outside s301.9. Because s301.9(1)(c) allows a modification «obtained in one or more of the following ways», the tier this gives can depend on how a change is described, and nothing read settles which description governs. No court decision applying s301.9 to phenibut was read, so this is a reading of the text. The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» No Commonwealth offence reaches possession, sale, supply, manufacture or use of phenibut inside Australia; those are state and territory poisons offences built on its Poisons Standard placement. At the border it is a prohibited import under regulation 5 of the Customs (Prohibited Imports) Regulations 1956, which names phenibut at Schedule 4 item 14ABA. Importing it without a licence and permission, or outside the traveller exemption, contravenes Customs Act 1901 s233(1)(b), and having unlawfully imported goods in possession contravenes s233(1)(d); both are strict liability (s233(1AB)) and are punishable under s233AB(2) by a fine only, not exceeding 3 times the value of the goods or 1,000 penalty units ($364,000), whichever is greater. Customs Act s233(5) takes narcotic goods, meaning border controlled drugs and plants, out of s233, which is why Division 307 and not s233 governs a border controlled drug. Part 9.2 does not apply, because s320.2(2)(k) excludes a prohibited import. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together.
- If prescribed / medical
- No prescription route: Phenibut sits in Schedule 9 of F2026L01327. The Reader's guide, which is not part of the instrument, describes Schedule 9 as «Substances which may be abused or misused, the manufacture, possession, supply or use of which should be prohibited by law except when required for medical or scientific research, or for analytical, teaching or training purposes with approval of Commonwealth and/or State or Territory Health Authorities.» Outside an approved clinical trial or research, there is no lawful medical supply in Australia on anything read for this cell, and a foreign prescription does not change the Commonwealth position.
- Documentation
- No traveller exemption is shown for a Schedule 9 substance. The Australian Border Force traveller guidance (abf.gov.au, read 2 October 2026) covers «Prescription medicines such as morphine, oxycodone, methadone, methylphenidate, Adderall®, and benzodiazepines» and nothing read for this cell treats a foreign prescription for a Schedule 9 substance as lawful authority for an import. An import needs an Office of Drug Control licence and permission under regulation 5(1) of the Customs (Prohibited Imports) Regulations 1956, and regulation 5(10) lets permission be granted only where, in the cases that apply to a private person, the drug «is required by the applicant for medical or scientific purposes». The personal importation rule in Therapeutic Goods Regulations 1990 Schedule 5 item 1, which covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family», does not help where the substance is a prohibited import, because it applies only where «the goods do not contain a substance the importation of which is prohibited under the Customs Act 1901».
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
Pink Cocaine / Tusi
- Legal status
- Controlled through its constituents. Pink cocaine (tusi) is a market label, not a substance: it usually means ketamine with MDMA, sometimes with 2C-B. No Commonwealth instrument read names it. Each usual constituent is listed: ketamine is Schedule 8 in F2026L01327 («KETAMINE.») and a controlled drug at Schedule 1 item 146 (commercial 1.0 kg, marketable 500.0 g, trafficable 3.0 g) and border controlled drug at Schedule 2 item 110 (1.0 kg, 3.0 g); MDMA is Schedule 9 except its Schedule 8 PTSD entry, Schedule 1 item 174 (0.5 kg, 100.0 g, 0.5 g) and Schedule 2 item 134 (0.5 kg, 0.5 g); 2C-B is Schedule 9 and Schedule 1 item 84 (0.5 kg, 100.0 g, 0.5 g), Schedule 2 item 59 (0.5 kg, 0.5 g). The exposure is the highest of the constituents present, so the MDMA and 2C-B thresholds govern where either is present. The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» Where a parcel holds more than one listed drug, s312.2 adds the requisite fraction of each drug's threshold, so a mixture reaches a trafficable, marketable or commercial quantity on the combined fractions. Using the MDMA thresholds, the lowest of the usual constituents: Trafficking the mixture (s302.1: selling, preparing for supply, transporting, guarding or possessing with intent to sell) is s302.4, imprisonment for 10 years or 2,000 penalty units, or both. Trafficking a marketable quantity, 100.0 g or more under Schedule 1 item 174 of the Criminal Code Regulations, is s302.3, 25 years or 5,000 penalty units, or both. A commercial quantity, 0.5 kg or more, is s302.2, imprisonment for life or 7,500 penalty units, or both. Under s302.5 a person who prepares, transports, guards or possesses a trafficable quantity, 0.5 g or more, is taken to have intended to sell unless they prove they had neither that intention nor belief, a legal burden (s13.4). Manufacturing the mixture for a commercial purpose is s305.5, 10 years or 2,000 penalty units, or both (12 years or 2,400 penalty units if a child under 14 is exposed, s310.4); s305.4 for a marketable quantity, 25 years or 5,000 penalty units (28 years or 5,600 aggravated); s305.3 for a commercial quantity, imprisonment for life or 7,500 penalty units, or both. Under s305.6 manufacturing a trafficable quantity presumes the commercial purpose, rebuttably. Import and export are offences of their own in Division 307 against the border controlled drug listing (Schedule 2 item 134): s307.3, imprisonment for 10 years or 2,000 penalty units, or both, with a defence if the person proves no intention or belief that any would be sold; s307.4, which needs no commercial intent, 2 years or 400 penalty units, or both; s307.2 for a marketable quantity (0.5 g or more), 25 years or 5,000 penalty units, or both; s307.1 for a commercial quantity (0.5 kg or more), imprisonment for life or 7,500 penalty units, or both. Possessing an unlawfully imported quantity is s307.5 to s307.7 on the same thresholds, and possessing one reasonably suspected of unlawful import is s307.8 to s307.10. The Customs Act s233(5) leaves border controlled drugs to these offences rather than to the Customs Act smuggling offence. Possessing the mixture as a controlled drug is s308.1, imprisonment for 2 years or 400 penalty units, or both, and s308.1(3) lets the court deal with the offender as if the offence were the state or territory possession offence, so diversion available there is available here. Supplying any quantity to a child is s309.2, 15 years or 3,000 penalty units, or both. Part 9.1, other than the import and export offences in Division 307, does not apply to conduct justified or excused by or under a state or territory law (s313.1), which is how lawful prescribing and dispensing sit outside it. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together. Quantities are proved under s312.1 as in force on 2 October 2026, by the pure drug in a mixture. A substituted s312.1, enacted by the Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2026 (assented to 26 August 2026), Schedule 2 Part 2, will «treat the mixture as consisting wholly of the prohibited substance»; it commences on a day fixed by Proclamation or at the latest on 26 August 2027, and no Proclamation was found when this was read. For ketamine alone the trafficable quantity is 3.0 g and the marketable 500.0 g.
- If prescribed / medical
- No prescription route: a street mixture is not a medicine. Ketamine alone is a Schedule 8 medicine and MDMA has only the narrow Schedule 8 PTSD route; neither covers a mixed product.
- Documentation
- No traveller exemption is shown for a mixed street product. The Australian Border Force traveller guidance (abf.gov.au, read 2 October 2026) covers «Prescription medicines such as morphine, oxycodone, methadone, methylphenidate, Adderall®, and benzodiazepines» and nothing read for this cell treats a foreign prescription for a mixed street product as lawful authority for an import that Division 307 otherwise punishes. An import needs an Office of Drug Control licence and permission under regulation 5(1) of the Customs (Prohibited Imports) Regulations 1956, and regulation 5(10) lets permission be granted only where, in the cases that apply to a private person, the drug «is required by the applicant for medical or scientific purposes». The personal importation rule in Therapeutic Goods Regulations 1990 Schedule 5 item 1, which covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family», does not help where the substance is a prohibited import, because it applies only where «the goods do not contain a substance the importation of which is prohibited under the Customs Act 1901».
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
Poppers
- Legal status
- Prescription only medicines as a class, with one member prohibited. Poppers is a label for liquid alkyl nitrites sold for inhalation; the answer is given by constituent. F2026L01327 places the class in Schedule 4, «ALKYL NITRITES except when separately specified in these Schedules.», and names members separately: «AMYL NITRITE except when included in Schedule 3.» (Schedule 4) with a Schedule 3 entry «AMYL NITRITE when in preparations for human therapeutic use and packaged in containers with child-resistant closures.», «ISOAMYL NITRITE.», «ISOBUTYL NITRITE.», «BUTYL NITRITE.» and «OCTYL NITRITE.» in Schedule 4, and «ISOPROPYL NITRITE.» and «n-PROPYL NITRITE.» in Schedule 10, the schedule of substances whose supply and use are prohibited. The exposure is therefore highest for isopropyl and n-propyl nitrite products. It is not listed in Schedule 1 or Schedule 2 of the Criminal Code Regulations 2019 (Compilation No. 6). Nearest listed drug: 1,4-butanediol (Schedule 2 item 1) and GHB (Schedule 1 item 132), the listed drugs nearest to the alkyl nitrites in size and kind, small aliphatic compounds carrying oxygen groups; no listed drug is a nitrite ester. Limb (a) of s301.9(1) does not reach it because no alkyl nitrite has the molecular formula of a listed drug, and none is an alkaloid; limb (c) does not, because a nitrite ester group is not among the groups s301.9(2) specifies (it specifies nitro groups, which are a different arrangement), so turning a hydroxy group into a nitrite ester is a change of functional group that no s301.9(1)(c) modification describes; and on the method stated next limb (d) does not, because reaching any alkyl nitrite from 1,4-butanediol or GHB changes a functional group and removes or alters another, which is more than one change. The method used for every row is a reading, not a rule the Act states: a modification that limb (a) or limb (c) plainly describes is treated as making a drug analogue; one contestable modification (a swap within one paragraph of s301.9(2), or a core ring replaced), a single limb (d) change from the listed drug, or an express exclusion or different listing in the Regulations is treated as making the exposure conditional; anything more, including adding or removing a ring, is treated as outside s301.9. Because s301.9(1)(c) allows a modification «obtained in one or more of the following ways», the tier this gives can depend on how a change is described, and nothing read settles which description governs. No court decision applying s301.9 to an alkyl nitrite was read, so this is a reading of the text. Nor are they named in Schedule 4 of the Customs (Prohibited Imports) Regulations 1956 as in force on 2 October 2026. The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» No Commonwealth criminal offence reaches possession, sale, supply, manufacture or use of poppers: it is not a controlled or border controlled drug, and it is not a prohibited import under Schedule 4 of the Customs (Prohibited Imports) Regulations 1956 (Compilation No. 147), so the Customs Act 1901 s233 offence for prohibited imports does not reach its import. Supply is controlled by state and territory poisons law applying its Poisons Standard schedule. Part 9.2 of the Criminal Code is the residual import offence: s320.2 punishes importing a psychoactive substance by 5 years or 300 penalty units, or both, and s320.3 importing a substance presented as a serious drug alternative by 2 years or 120 penalty units, or both; s320.2(2) excludes listed or registered therapeutic goods, goods represented for therapeutic use other than as a serious drug alternative, industrial chemicals, a plant or fungus or an extract from one, any serious drug or precursor, and any prohibited import within the meaning of the Customs Act. Part 9.2 resolved: s320.2 does not reach an import of an alkyl nitrite, because s320.2(2)(i) excludes «an industrial chemical within the meaning of the Industrial Chemicals Act 2019». That Act (Compilation No. 6, compilation date 14 October 2024) makes an industrial chemical, in s10(1)(b), «a compound or complex of a chemical element that has an industrial use», and s9 defines industrial use as «a use other than (or in addition to)» agricultural, veterinary, therapeutic, vaping, food and feed uses and any use the rules prescribe. Alkyl nitrites are sold and used as solvents, room odourisers and leather cleaners. The Industrial Chemicals (General) Rules 2019 (Compilation No. 7) prescribe no use for that definition and exclude only «radioactive chemicals» under s10(2), so an alkyl nitrite is an industrial chemical and s320.2 does not apply whatever product it is sold in. s320.3 has no industrial chemical exclusion and no prohibited import exclusion, so importing an alkyl nitrite in a presentation that includes «an express or implied representation that the substance is a serious drug alternative» is an offence against s320.3, imprisonment for 2 years or 120 penalty units, or both, unless it is a listed or registered therapeutic good (s320.3(3)(b)) or food for which there is a standard (s320.3(3)(a)). There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together.
- If prescribed / medical
- Amyl nitrite in a child-resistant therapeutic pack is Schedule 3, available from a pharmacist without prescription; other amyl nitrite and isoamyl, isobutyl, butyl and octyl nitrite are Schedule 4 prescription only medicines; isopropyl and n-propyl nitrite have no lawful supply route. The Reader's guide, which is not part of the instrument, describes Schedule 4 as «Substances, the use or supply of which should be by or on the order of persons permitted by State or Territory legislation to prescribe and should be available from a pharmacist on prescription.» A registered product would also need to satisfy the Therapeutic Goods Act registration rules, which no recreational poppers product does on anything read.
- Documentation
- No traveller exemption covers poppers bought as a recreational product; a prescribed alkyl nitrite falls under the rule in Therapeutic Goods Regulations 1990 Schedule 5 item 1 (Compilation No. 130), which covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family», limited to «not more than 3 months’ supply at the maximum dose recommended by the manufacturer» in one importation. The Therapeutic Goods Administration and Office of Drug Control traveller pages (tga.gov.au, odc.gov.au) did not respond from this network on 2 October 2026 (curl timeout after 60 seconds, twice, and a second fetcher timed out), so nothing in this cell rests on them.
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Industrial Chemicals Act 2019, Compilation No. 6 (s9, s10) · legislation.gov.au · Industrial Chemicals (General) Rules 2019, Compilation No. 7 (s13) · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
Pregabalin
- Legal status
- Prescription only medicine under the Poisons Standard; its Commonwealth criminal drug status is conditional and doubtful. F2026L01327 names pregabalin in Schedule 4, «PREGABALIN.». Appendix K clause 1 lists it at item 122 («122 PREGABALIN») among human medicines that must carry a sedation warning. It sits in Schedule 4, not Schedule 8, and carries no Appendix D possession control. It is not listed in Schedule 1 or Schedule 2 of the Criminal Code Regulations 2019 (Compilation No. 6). Its nearest listed drug is 4-hydroxybutanoic acid, GHB (Schedule 1 item 132, Schedule 2 item 103): pregabalin is GHB with the hydroxy group swapped for an amino group and an isobutyl group in place of a hydrogen atom on carbon 3. Criminal Code s301.9(1) makes a substance a drug analogue of a listed drug if it is «(i) a stereoisomer», «(ii) a structural isomer having the same constituent groups» or «(iii) an alkaloid» (limb (a)), «a structural modification obtained in one or more of the following ways» (limb (c)), or «(d) any other homologue, analogue, chemical derivative or substance substantially similar in chemical structure». The isobutyl group for hydrogen is a swap between s301.9(2)(b) (alkyl groups «with up to 6 carbon atoms in the group») and (2)(d) «hydrogen atoms», which limb (c)(iii) plainly describes, but the amino group for the hydroxy group is a swap within the one paragraph s301.9(2)(c), «halogen, hydroxy, nitro or amino groups», so whether it is a replacement with one of «the other groups or atoms specified» is contestable. Described another way the step is plain: the hydroxy group replaced by a hydrogen atom, then that hydrogen replaced by an amino group, each a swap between (2)(c) and (2)(d). Because s301.9(1)(c) allows a structural modification «obtained in one or more of the following ways», nothing read decides whether such a redescription, or a composition of steps, is accepted, so the tier depends on the description and this cell keeps the exposure conditional. The method used for every row is a reading, not a rule the Act states: a modification that limb (a) or limb (c) plainly describes is treated as making a drug analogue; one contestable modification (a swap within one paragraph of s301.9(2), or a core ring replaced), a single limb (d) change from the listed drug, or an express exclusion or different listing in the Regulations is treated as making the exposure conditional; anything more, including adding or removing a ring, is treated as outside s301.9. Because s301.9(1)(c) allows a modification «obtained in one or more of the following ways», the tier this gives can depend on how a change is described, and nothing read settles which description governs. On that method pregabalin is a drug analogue of GHB only conditionally, at GHB's quantities (Schedule 1 item 132: commercial 1.0 kg, marketable 250.0 g, trafficable 0.5 g; Schedule 2 item 103: 1.0 kg, 2.0 g). The doubt is real: the same single swap would make GABA, the body's own neurotransmitter, a drug analogue of GHB, and the Regulations list neither. No court decision or prosecution applying s301.9 to pregabalin was read for this cell. Nor is it named in Schedule 4 of the Customs (Prohibited Imports) Regulations 1956 as in force on 2 October 2026. The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» On the primary reading no Commonwealth criminal offence reaches possession, sale, supply, manufacture or use of pregabalin: it is not a listed drug, and it is not a prohibited import under Schedule 4 of the Customs (Prohibited Imports) Regulations 1956, so Customs Act s233 does not reach its import. Supply is controlled by state and territory poisons law applying its Schedule 4 placement. Part 9.2 of the Criminal Code is the residual import offence: s320.2 punishes importing a psychoactive substance by 5 years or 300 penalty units, or both, and s320.3 importing a substance presented as a serious drug alternative by 2 years or 120 penalty units, or both; s320.2(2) excludes listed or registered therapeutic goods, goods represented for therapeutic use other than as a serious drug alternative, industrial chemicals, a plant or fungus or an extract from one, any serious drug or precursor, and any prohibited import within the meaning of the Customs Act. A registered or listed pregabalin medicine is outside s320.2 by (2)(c). If the conditional drug analogue reading held, pregabalin would be a controlled drug and a border controlled drug at GHB's quantities, and then: Trafficking pregabalin (s302.1: selling, preparing for supply, transporting, guarding or possessing with intent to sell) is s302.4, imprisonment for 10 years or 2,000 penalty units, or both. Trafficking a marketable quantity, 250.0 g or more under Schedule 1 item 132 of the Criminal Code Regulations, is s302.3, 25 years or 5,000 penalty units, or both. A commercial quantity, 1.0 kg or more, is s302.2, imprisonment for life or 7,500 penalty units, or both. Under s302.5 a person who prepares, transports, guards or possesses a trafficable quantity, 0.5 g or more, is taken to have intended to sell unless they prove they had neither that intention nor belief, a legal burden (s13.4). Possessing pregabalin as a controlled drug is s308.1, imprisonment for 2 years or 400 penalty units, or both, and s308.1(3) lets the court deal with the offender as if the offence were the state or territory possession offence, so diversion available there is available here. Supplying any quantity to a child is s309.2, 15 years or 3,000 penalty units, or both. Import and export are offences of their own in Division 307 against the border controlled drug listing (Schedule 2 item 103), by s301.4(1)(b) as an analogue of GHB, if that reading holds: s307.3, imprisonment for 10 years or 2,000 penalty units, or both, with a defence if the person proves no intention or belief that any would be sold; s307.4, which needs no commercial intent, 2 years or 400 penalty units, or both; s307.2 for a marketable quantity (2.0 g or more), 25 years or 5,000 penalty units, or both; s307.1 for a commercial quantity (1.0 kg or more), imprisonment for life or 7,500 penalty units, or both. Possessing an unlawfully imported quantity is s307.5 to s307.7 on the same thresholds, and possessing one reasonably suspected of unlawful import is s307.8 to s307.10. The Customs Act s233(5) leaves border controlled drugs to these offences rather than to the Customs Act smuggling offence. Possession or supply under a lawful prescription would be excused by s313.1, and a traveller's import within the personal import rules would rest on Criminal Code s10.5. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together.
- If prescribed / medical
- Pregabalin is a Schedule 4 prescription only medicine. The Reader's guide, which is not part of the instrument, describes Schedule 4 as «Substances, the use or supply of which should be by or on the order of persons permitted by State or Territory legislation to prescribe and should be available from a pharmacist on prescription.» Prescribed possession is lawful under state and territory law and, if the analogue reading held, would be excused from Part 9.1 other than Division 307 by s313.1.
- Documentation
- Its import is not prohibited by the Customs (Prohibited Imports) Regulations; the personal import limits are those of the rule in Therapeutic Goods Regulations 1990 Schedule 5 item 1 (Compilation No. 130), which covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family», limited to «not more than 3 months’ supply at the maximum dose recommended by the manufacturer» in one importation, no more than 15 months’ supply in 12 months, and, because it is a Schedule 4 good, a written authority from a medical practitioner, or an overseas medical practitioner where a passenger carries it. The ABF traveller guidance asks travellers to carry «a letter or copy of your prescription (written in English)» and declare the medicine. The Therapeutic Goods Administration and Office of Drug Control traveller pages (tga.gov.au, odc.gov.au) did not respond from this network on 2 October 2026 (curl timeout after 60 seconds, twice, and a second fetcher timed out), so nothing in this cell rests on them.
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
Psilocybin
- Legal status
- Prohibited, with a narrow medical exception. F2026L01327 places psilocybine in Schedule 9, «PSILOCYBINE except when included in Schedule 8.», and in Schedule 8 «# PSILOCYBINE in preparations for human therapeutic use for the treatment of treatment-resistant depression.»; psilocine is separately Schedule 9. The February 2023 issue (F2023L00067) printed «PSILOCYBINE.» in Schedule 9 alone; the Schedule 8 entry took effect with the July 2023 issue (F2023L00864, registered 26 June 2023, in force from 1 July 2023). Mushrooms are reached through s7(a) and (g) (a substance «prepared from natural sources» and «a preparation or admixture containing any proportion of the substance»). Criminal Code Regulations 2019: a controlled drug at Schedule 1 item 236 (commercial quantity 2.0 kg, marketable 1,000.0 g, trafficable 2.0 g) and a border controlled drug at Schedule 2 item 196 (commercial 0.1 kg, marketable 0.1 g). Customs (Prohibited Imports) Regulations 1956 Schedule 4 item 214 («214 Psilocybine, including all fungi that contain psilocybine»). Criminal Code Regulations s15 lists «Any plant of the species Psilocybe» as border controlled plant item 7, with no commercial or marketable quantity printed. The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» Trafficking psilocybine (s302.1: selling, preparing for supply, transporting, guarding or possessing with intent to sell) is s302.4, imprisonment for 10 years or 2,000 penalty units, or both. Trafficking a marketable quantity, 1,000.0 g or more under Schedule 1 item 236 of the Criminal Code Regulations, is s302.3, 25 years or 5,000 penalty units, or both. A commercial quantity, 2.0 kg or more, is s302.2, imprisonment for life or 7,500 penalty units, or both. Under s302.5 a person who prepares, transports, guards or possesses a trafficable quantity, 2.0 g or more, is taken to have intended to sell unless they prove they had neither that intention nor belief, a legal burden (s13.4). Manufacturing psilocybine for a commercial purpose is s305.5, 10 years or 2,000 penalty units, or both (12 years or 2,400 penalty units if a child under 14 is exposed, s310.4); s305.4 for a marketable quantity, 25 years or 5,000 penalty units (28 years or 5,600 aggravated); s305.3 for a commercial quantity, imprisonment for life or 7,500 penalty units, or both. Under s305.6 manufacturing a trafficable quantity presumes the commercial purpose, rebuttably. Import and export are offences of their own in Division 307 against the border controlled drug listing (Schedule 2 item 196): s307.3, imprisonment for 10 years or 2,000 penalty units, or both, with a defence if the person proves no intention or belief that any would be sold; s307.4, which needs no commercial intent, 2 years or 400 penalty units, or both; s307.2 for a marketable quantity (0.1 g or more), 25 years or 5,000 penalty units, or both; s307.1 for a commercial quantity (0.1 kg or more), imprisonment for life or 7,500 penalty units, or both. Possessing an unlawfully imported quantity is s307.5 to s307.7 on the same thresholds, and possessing one reasonably suspected of unlawful import is s307.8 to s307.10. The Customs Act s233(5) leaves border controlled drugs to these offences rather than to the Customs Act smuggling offence. Possessing psilocybine as a controlled drug is s308.1, imprisonment for 2 years or 400 penalty units, or both, and s308.1(3) lets the court deal with the offender as if the offence were the state or territory possession offence, so diversion available there is available here. Supplying any quantity to a child is s309.2, 15 years or 3,000 penalty units, or both. Part 9.1, other than the import and export offences in Division 307, does not apply to conduct justified or excused by or under a state or territory law (s313.1), which is how lawful prescribing and dispensing sit outside it. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together. Quantities are proved under s312.1 as in force on 2 October 2026, by the pure drug in a mixture. A substituted s312.1, enacted by the Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2026 (assented to 26 August 2026), Schedule 2 Part 2, will «treat the mixture as consisting wholly of the prohibited substance»; it commences on a day fixed by Proclamation or at the latest on 26 August 2027, and no Proclamation was found when this was read. The Omnibus Act's substituted s312.1 gives the dried mushroom as its own example of a mixture to be weighed whole, which once in force will measure a mushroom seizure by its total weight against these thresholds.
- If prescribed / medical
- A prescription route exists only for treatment-resistant depression: Appendix D clause 9 permits supply if psilocybine «is prescribed, or its supply is authorised, by a medical practitioner» who is a registered specialist psychiatrist holding an authority under subsection 19(5) of the Therapeutic Goods Act that covers psilocybine, or in an approved or notified clinical trial; Appendix D clause 5 lists it among poisons that «must not be possessed by a person without authority». Outside that route it is Schedule 9. The Reader's guide, which is not part of the instrument, describes Schedule 9 as «Substances which may be abused or misused, the manufacture, possession, supply or use of which should be prohibited by law except when required for medical or scientific research, or for analytical, teaching or training purposes with approval of Commonwealth and/or State or Territory Health Authorities.»
- Documentation
- No traveller exemption is shown for a Schedule 9 substance. The Australian Border Force traveller guidance (abf.gov.au, read 2 October 2026) covers «Prescription medicines such as morphine, oxycodone, methadone, methylphenidate, Adderall®, and benzodiazepines» and nothing read for this cell treats a foreign prescription for a Schedule 9 substance as lawful authority for an import that Division 307 otherwise punishes. An import needs an Office of Drug Control licence and permission under regulation 5(1) of the Customs (Prohibited Imports) Regulations 1956, and regulation 5(10) lets permission be granted only where, in the cases that apply to a private person, the drug «is required by the applicant for medical or scientific purposes». The personal importation rule in Therapeutic Goods Regulations 1990 Schedule 5 item 1, which covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family», does not help where the substance is a prohibited import, because it applies only where «the goods do not contain a substance the importation of which is prohibited under the Customs Act 1901». Fungi containing psilocybine are themselves prohibited imports under Schedule 4 item 214.
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
Quetiapine
- Legal status
- Prescription only medicine under the Poisons Standard; no Commonwealth criminal drug status. F2026L01327 names quetiapine in Schedule 4, «QUETIAPINE.». Appendix K lists it among medicines carrying a sedation warning. It is not listed in Schedule 1 or Schedule 2 of the Criminal Code Regulations 2019 (Compilation No. 6). Nearest listed drug: benzylpiperazine (Schedule 1 item 27, Schedule 2 item 23), the only listed drug that shares quetiapine's piperazine ring. Limb (a) of s301.9(1) does not reach it because its molecular formula differs from benzylpiperazine's, so it is no isomer, and it is not an alkaloid of a listed drug; limb (c) does not, because quetiapine carries a three-ring dibenzothiazepine where benzylpiperazine carries a benzyl group, which adds rings beyond the replacement of up to 2 rings in (c)(i), and a hydroxyethoxyethyl chain that s301.9(2) does not specify; and on the method stated next limb (d) does not, because adding rings puts it outside s301.9 on that method. The method used for every row is a reading, not a rule the Act states: a modification that limb (a) or limb (c) plainly describes is treated as making a drug analogue; one contestable modification (a swap within one paragraph of s301.9(2), or a core ring replaced), a single limb (d) change from the listed drug, or an express exclusion or different listing in the Regulations is treated as making the exposure conditional; anything more, including adding or removing a ring, is treated as outside s301.9. Because s301.9(1)(c) allows a modification «obtained in one or more of the following ways», the tier this gives can depend on how a change is described, and nothing read settles which description governs. No court decision applying s301.9 to quetiapine was read, so this is a reading of the text. Nor is it named in Schedule 4 of the Customs (Prohibited Imports) Regulations 1956 as in force on 2 October 2026. The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» No Commonwealth criminal offence reaches possession, sale, supply, manufacture or use of quetiapine: it is not a controlled or border controlled drug, and it is not a prohibited import under Schedule 4 of the Customs (Prohibited Imports) Regulations 1956 (Compilation No. 147), so the Customs Act 1901 s233 offence for prohibited imports does not reach its import. Supply is controlled by state and territory poisons law applying its Poisons Standard schedule. Part 9.2 of the Criminal Code is the residual import offence: s320.2 punishes importing a psychoactive substance by 5 years or 300 penalty units, or both, and s320.3 importing a substance presented as a serious drug alternative by 2 years or 120 penalty units, or both; s320.2(2) excludes listed or registered therapeutic goods, goods represented for therapeutic use other than as a serious drug alternative, industrial chemicals, a plant or fungus or an extract from one, any serious drug or precursor, and any prohibited import within the meaning of the Customs Act. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together.
- If prescribed / medical
- Quetiapine is a Schedule 4 prescription only medicine. The Reader's guide, which is not part of the instrument, describes Schedule 4 as «Substances, the use or supply of which should be by or on the order of persons permitted by State or Territory legislation to prescribe and should be available from a pharmacist on prescription.»
- Documentation
- Its import is not prohibited by the Customs (Prohibited Imports) Regulations; the personal import limits are those of the rule in Therapeutic Goods Regulations 1990 Schedule 5 item 1 (Compilation No. 130), which covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family», limited to «not more than 3 months’ supply at the maximum dose recommended by the manufacturer» in one importation, no more than 15 months’ supply in 12 months, and, because it is a Schedule 4 good, a written authority from a medical practitioner, or an overseas medical practitioner where a passenger carries it. The ABF traveller guidance asks travellers to carry «a letter or copy of your prescription (written in English)» and declare the medicine. The Therapeutic Goods Administration and Office of Drug Control traveller pages (tga.gov.au, odc.gov.au) did not respond from this network on 2 October 2026 (curl timeout after 60 seconds, twice, and a second fetcher timed out), so nothing in this cell rests on them.
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
Salvia divinorum
- Legal status
- Prohibited under the Poisons Standard and a prohibited import; not a Criminal Code drug. F2026L01327 names the plant in Schedule 9 as «SALVIA DIVINORUM.» and its active principle salvinorin A by full chemical name, ending «*(SALVINORIN A).». The Customs (Prohibited Imports) Regulations 1956 name the plant at item 204, «(k) Salvia divinorum», and «218B Salvinorin A». It is not listed in Schedule 1 or Schedule 2 of the Criminal Code Regulations 2019 (Compilation No. 6). Nearest listed drug: none with its skeleton: salvinorin A is a neoclerodane diterpene with no nitrogen, and the nearest listed drugs without nitrogen, the tetrahydrocannabinols (Schedule 1 item 238), share no ring system with it. Limb (a) of s301.9(1) does not reach it because its molecular formula differs from every listed drug's and it is not an alkaloid; limb (c) does not, because no sequence of the s301.9(1)(c) modifications turns a listed drug's skeleton into a neoclerodane ring system; and on the method stated next limb (d) does not, because it is not one change away from any listed drug; its skeleton differs. The method used for every row is a reading, not a rule the Act states: a modification that limb (a) or limb (c) plainly describes is treated as making a drug analogue; one contestable modification (a swap within one paragraph of s301.9(2), or a core ring replaced), a single limb (d) change from the listed drug, or an express exclusion or different listing in the Regulations is treated as making the exposure conditional; anything more, including adding or removing a ring, is treated as outside s301.9. Because s301.9(1)(c) allows a modification «obtained in one or more of the following ways», the tier this gives can depend on how a change is described, and nothing read settles which description governs. No court decision applying s301.9 to salvinorin A was read, so this is a reading of the text. The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» No Commonwealth offence reaches possession, sale, supply, manufacture or use of Salvia divinorum inside Australia; those are state and territory poisons offences built on its Poisons Standard placement. At the border it is a prohibited import under regulation 5 of the Customs (Prohibited Imports) Regulations 1956, which names the plant and salvinorin A at Schedule 4 items 204(k) and 218B. Importing it without a licence and permission, or outside the traveller exemption, contravenes Customs Act 1901 s233(1)(b), and having unlawfully imported goods in possession contravenes s233(1)(d); both are strict liability (s233(1AB)) and are punishable under s233AB(2) by a fine only, not exceeding 3 times the value of the goods or 1,000 penalty units ($364,000), whichever is greater. Customs Act s233(5) takes narcotic goods, meaning border controlled drugs and plants, out of s233, which is why Division 307 and not s233 governs a border controlled drug. Part 9.2 does not apply, because s320.2(2)(k) excludes a prohibited import. Part 9.2 would also exclude the plant as a plant, s320.2(2)(ia). There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together.
- If prescribed / medical
- No prescription route: Salvia divinorum sits in Schedule 9 of F2026L01327. The Reader's guide, which is not part of the instrument, describes Schedule 9 as «Substances which may be abused or misused, the manufacture, possession, supply or use of which should be prohibited by law except when required for medical or scientific research, or for analytical, teaching or training purposes with approval of Commonwealth and/or State or Territory Health Authorities.» Outside an approved clinical trial or research, there is no lawful medical supply in Australia on anything read for this cell, and a foreign prescription does not change the Commonwealth position.
- Documentation
- No traveller exemption is shown for a Schedule 9 substance. The Australian Border Force traveller guidance (abf.gov.au, read 2 October 2026) covers «Prescription medicines such as morphine, oxycodone, methadone, methylphenidate, Adderall®, and benzodiazepines» and nothing read for this cell treats a foreign prescription for a Schedule 9 substance as lawful authority for an import. An import needs an Office of Drug Control licence and permission under regulation 5(1) of the Customs (Prohibited Imports) Regulations 1956, and regulation 5(10) lets permission be granted only where, in the cases that apply to a private person, the drug «is required by the applicant for medical or scientific purposes». The personal importation rule in Therapeutic Goods Regulations 1990 Schedule 5 item 1, which covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family», does not help where the substance is a prohibited import, because it applies only where «the goods do not contain a substance the importation of which is prohibited under the Customs Act 1901».
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
Scopolamine (Devil's Breath)
- Legal status
- Scheduled medicine, mostly prescription only; no Commonwealth criminal drug status. Scopolamine is hyoscine. F2026L01327 places it in Schedule 4, «HYOSCINE except when included in Schedule 2.», with a Schedule 2 pharmacy tier for low dose transdermal and oral preparations (for example «for transdermal use in preparations containing 2 mg or less of total solanaceous alkaloids per dosage unit») and separate Schedule 2, 3 and 4 entries for hyoscine butylbromide. It is not listed in Schedule 1 or Schedule 2 of the Criminal Code Regulations 2019 (Compilation No. 6). Nearest listed drug: ecgonine (Schedule 1 item 103, Schedule 2 item 81), the listed tropane, with cocaine (Schedule 1 item 67), its ester. Limb (a) of s301.9(1) does not reach it because its molecular formula differs from each of theirs, so it is no isomer, and although it is a plant alkaloid it is not an alkaloid of ecgonine or cocaine; limb (c) does not, because reaching it from ecgonine would add an epoxide ring bridging the tropane, remove the carboxyl group and esterify the hydroxy group with tropic acid, whose phenyl ring is not a group s301.9(2) specifies; adding a ring is none of the s301.9(1)(c) modifications; and on the method stated next limb (d) does not, because adding a whole ring puts it outside s301.9 on that method. The method used for every row is a reading, not a rule the Act states: a modification that limb (a) or limb (c) plainly describes is treated as making a drug analogue; one contestable modification (a swap within one paragraph of s301.9(2), or a core ring replaced), a single limb (d) change from the listed drug, or an express exclusion or different listing in the Regulations is treated as making the exposure conditional; anything more, including adding or removing a ring, is treated as outside s301.9. Because s301.9(1)(c) allows a modification «obtained in one or more of the following ways», the tier this gives can depend on how a change is described, and nothing read settles which description governs. No court decision applying s301.9 to hyoscine was read, so this is a reading of the text. Nor is it named in Schedule 4 of the Customs (Prohibited Imports) Regulations 1956 as in force on 2 October 2026. The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» No Commonwealth criminal offence reaches possession, sale, supply, manufacture or use of scopolamine: it is not a controlled or border controlled drug, and it is not a prohibited import under Schedule 4 of the Customs (Prohibited Imports) Regulations 1956 (Compilation No. 147), so the Customs Act 1901 s233 offence for prohibited imports does not reach its import. Supply is controlled by state and territory poisons law applying its Poisons Standard schedule. Part 9.2 of the Criminal Code is the residual import offence: s320.2 punishes importing a psychoactive substance by 5 years or 300 penalty units, or both, and s320.3 importing a substance presented as a serious drug alternative by 2 years or 120 penalty units, or both; s320.2(2) excludes listed or registered therapeutic goods, goods represented for therapeutic use other than as a serious drug alternative, industrial chemicals, a plant or fungus or an extract from one, any serious drug or precursor, and any prohibited import within the meaning of the Customs Act. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together.
- If prescribed / medical
- Hyoscine above the Schedule 2 limits is a Schedule 4 prescription only medicine. The Reader's guide, which is not part of the instrument, describes Schedule 4 as «Substances, the use or supply of which should be by or on the order of persons permitted by State or Territory legislation to prescribe and should be available from a pharmacist on prescription.»
- Documentation
- Its import is not prohibited by the Customs (Prohibited Imports) Regulations; personal import follows the rule in Therapeutic Goods Regulations 1990 Schedule 5 item 1 (Compilation No. 130), which covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family», limited to «not more than 3 months’ supply at the maximum dose recommended by the manufacturer» in one importation and, for a Schedule 4 product, a written authority from a medical practitioner. The Therapeutic Goods Administration and Office of Drug Control traveller pages (tga.gov.au, odc.gov.au) did not respond from this network on 2 October 2026 (curl timeout after 60 seconds, twice, and a second fetcher timed out), so nothing in this cell rests on them.
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
Synthetic Cannabinoids (K2 / Spice)
- Legal status
- Controlled as a class; the label covers many compounds, so the answer is given by constituent and the exposure is the highest that applies to the compound actually held. Poisons Standard: F2026L01327 Schedule 9 carries the catch-all «SYNTHETIC CANNABINOMIMETICS except when separately specified in these Schedules.» beside structural class entries such as «NAPHTHOYLINDOLES except when separately specified in these Schedules.» and «DIBENZOPYRANS except when separately specified in these Schedules.», and named compounds including JWH-018, JWH-073, JWH-200, JWH-250 and CP 47,497. Criminal Code Regulations 2019: Schedule 2 names JWH-018 (item 175), JWH-122 (176), JWH-073 (159), JWH-200 (157), JWH-250 (129), AM-694 (92), CP 47,497 (104) and its C8 homologue (105), each at commercial 5.0 kg and marketable 2.0 g, and HU-210 at item 74; Schedule 1 names only HU-210 (item 95: 5.0 kg, 1,000.0 g, 5.0 g). Schedule 2 item 35 of the Criminal Code Regulations 2019 lists «Cannabinoids (other than a Cannabinoid of a kind that can be obtained from a plant that is not a Cannabis plant)» as a border controlled drug (commercial 2.0 kg, marketable 2.0 g). For a compound with no plant source the item 35 exclusion does not bite, so a synthetic cannabinoid is within «Cannabinoids» unless a court reads that word as confined to plant cannabinoids. Customs (Prohibited Imports) Regulations 1956 Schedule 4 lists «34 Cannabinoids», five structural families at items 49A to 49E (for example «49A Compounds structurally derived from 3-(1-naphthoyl)indole or 1H-indol-3-yl-(1-naphthyl)methane by substitution at the nitrogen atom of the indole ring») and named compounds such as AB-CHMINACA, 5F-MDMB-PINACA and MDMB-4en-PINACA. A compound outside every list falls to the Part 9.2 residual import offence. The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» Import: a named Schedule 2 compound, or a compound within item 35, is a border controlled drug. Import and export are offences of their own in Division 307 against the border controlled drug listing (Schedule 2 item 175): s307.3, imprisonment for 10 years or 2,000 penalty units, or both, with a defence if the person proves no intention or belief that any would be sold; s307.4, which needs no commercial intent, 2 years or 400 penalty units, or both; s307.2 for a marketable quantity (2.0 g or more), 25 years or 5,000 penalty units, or both; s307.1 for a commercial quantity (5.0 kg or more), imprisonment for life or 7,500 penalty units, or both. Possessing an unlawfully imported quantity is s307.5 to s307.7 on the same thresholds, and possessing one reasonably suspected of unlawful import is s307.8 to s307.10. The Customs Act s233(5) leaves border controlled drugs to these offences rather than to the Customs Act smuggling offence. Possession, trafficking and manufacture are Part 9.1 offences only for HU-210 by name and for a compound shown to be a drug analogue of HU-210 or of tetrahydrocannabinols under s301.9; for HU-210, Trafficking HU-210 (s302.1: selling, preparing for supply, transporting, guarding or possessing with intent to sell) is s302.4, imprisonment for 10 years or 2,000 penalty units, or both. Trafficking a marketable quantity, 1,000.0 g or more under Schedule 1 item 95 of the Criminal Code Regulations, is s302.3, 25 years or 5,000 penalty units, or both. A commercial quantity, 5.0 kg or more, is s302.2, imprisonment for life or 7,500 penalty units, or both. Under s302.5 a person who prepares, transports, guards or possesses a trafficable quantity, 5.0 g or more, is taken to have intended to sell unless they prove they had neither that intention nor belief, a legal burden (s13.4). Possessing a listed synthetic cannabinoid as a controlled drug is s308.1, imprisonment for 2 years or 400 penalty units, or both, and s308.1(3) lets the court deal with the offender as if the offence were the state or territory possession offence, so diversion available there is available here. Supplying any quantity to a child is s309.2, 15 years or 3,000 penalty units, or both. Part 9.2 of the Criminal Code is the residual import offence: s320.2 punishes importing a psychoactive substance by 5 years or 300 penalty units, or both, and s320.3 importing a substance presented as a serious drug alternative by 2 years or 120 penalty units, or both; s320.2(2) excludes listed or registered therapeutic goods, goods represented for therapeutic use other than as a serious drug alternative, industrial chemicals, a plant or fungus or an extract from one, any serious drug or precursor, and any prohibited import within the meaning of the Customs Act. A compound in none of those lists and not a prohibited import is therefore reached at the border by s320.2. Part 9.1, other than the import and export offences in Division 307, does not apply to conduct justified or excused by or under a state or territory law (s313.1), which is how lawful prescribing and dispensing sit outside it. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together.
- If prescribed / medical
- No prescription route: the synthetic cannabinoids sit in Schedule 9 of F2026L01327, through the class entries and by name. The Reader's guide, which is not part of the instrument, describes Schedule 9 as «Substances which may be abused or misused, the manufacture, possession, supply or use of which should be prohibited by law except when required for medical or scientific research, or for analytical, teaching or training purposes with approval of Commonwealth and/or State or Territory Health Authorities.» Outside an approved clinical trial or research, there is no lawful medical supply in Australia on anything read for this cell, and a foreign prescription does not change the Commonwealth position.
- Documentation
- No traveller exemption is shown for a Schedule 9 substance. The Australian Border Force traveller guidance (abf.gov.au, read 2 October 2026) covers «Prescription medicines such as morphine, oxycodone, methadone, methylphenidate, Adderall®, and benzodiazepines» and nothing read for this cell treats a foreign prescription for a Schedule 9 substance as lawful authority for an import that Division 307 otherwise punishes. An import needs an Office of Drug Control licence and permission under regulation 5(1) of the Customs (Prohibited Imports) Regulations 1956, and regulation 5(10) lets permission be granted only where, in the cases that apply to a private person, the drug «is required by the applicant for medical or scientific purposes». The personal importation rule in Therapeutic Goods Regulations 1990 Schedule 5 item 1, which covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family», does not help where the substance is a prohibited import, because it applies only where «the goods do not contain a substance the importation of which is prohibited under the Customs Act 1901».
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
THC-P
- Legal status
- Prohibited. THC-P (tetrahydrocannabiphorol) is delta-9-THC with a seven carbon heptyl side chain in place of the five carbon pentyl chain, an alkyl homologue. F2026L01327 reaches it by name of class in Schedule 9: «TETRAHYDROCANNABINOLS and their alkyl homologues, except: (a) when included in Schedule 4 or Schedule 8; or (b) processed hemp fibre containing 0.1% or less of tetrahydrocannabinols, and hemp fibre products manufactured from such fibre; or (c) in hemp seed oil at a concentration of 10 mg/kg or less.» The Customs (Prohibited Imports) Regulations 1956 reach it the same way, «223 Tetrahydrocannabinols, including all alkyl homologues of tetrahydrocannabinols». The Criminal Code Regulations 2019 list «Tetrahydrocannabinols (THC)» at Schedule 1 item 238 and Schedule 2 item 198 without the homologue words. At the border that gap does not matter: Schedule 2 item 35 of the Criminal Code Regulations 2019 lists «Cannabinoids (other than a Cannabinoid of a kind that can be obtained from a plant that is not a Cannabis plant)» as a border controlled drug (commercial 2.0 kg, marketable 2.0 g). THC-P is a cannabinoid, and nothing read for this cell records a source of it outside the cannabis plant, so it is a listed border controlled drug within item 35, and s301.9(3)(b) then leaves no room for the analogue route at the border. For the controlled drug offences it is not listed, so it needs s301.9. Criminal Code s301.9(1) makes a substance a drug analogue of a listed drug if it is, among other things, «a structural modification obtained in one or more of the following ways», including «(iii) by the replacement of one or more of the groups or atoms specified in subsection (2) with one or more of the other groups or atoms specified in that subsection», or «(d) any other homologue, analogue, chemical derivative or substance substantially similar in chemical structure». A homologue is named in limb (d); on the heptyl-for-pentyl description, limb (c)(iii) does not fit, because s301.9(2)(b) specifies alkyl groups «with up to 6 carbon atoms» and heptyl has seven. The method used for every row is a reading, not a rule the Act states: a modification that limb (a) or limb (c) plainly describes is treated as making a drug analogue; one contestable modification (a swap within one paragraph of s301.9(2), or a core ring replaced), a single limb (d) change from the listed drug, or an express exclusion or different listing in the Regulations is treated as making the exposure conditional; anything more, including adding or removing a ring, is treated as outside s301.9. Because s301.9(1)(c) allows a modification «obtained in one or more of the following ways», the tier this gives can depend on how a change is described, and nothing read settles which description governs. THC-P is one change from THC, a longer chain, so on that method its controlled drug status is conditional. Described another way the step is plain: a hydrogen atom at the end of THC's pentyl chain replaced by an ethyl group, a group of 2 carbon atoms within (2)(b), so a swap between (2)(d) «hydrogen atoms» and (2)(b). Because s301.9(1)(c) allows a structural modification «obtained in one or more of the following ways», nothing read decides whether such a redescription, or a composition of steps, is accepted, so the tier depends on the description and this cell keeps the exposure conditional. Its quantities would be THC's quantities (commercial 5.0 kg, marketable 1,000.0 g, trafficable 2.0 g). No court decision on THC-P was read. The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» Import and export are certain; the domestic offences are conditional on the limb (d) reading. Import and export are offences of their own in Division 307 against the border controlled drug listing (Schedule 2 item 35), within item 35 «Cannabinoids»: s307.3, imprisonment for 10 years or 2,000 penalty units, or both, with a defence if the person proves no intention or belief that any would be sold; s307.4, which needs no commercial intent, 2 years or 400 penalty units, or both; s307.2 for a marketable quantity (2.0 g or more), 25 years or 5,000 penalty units, or both; s307.1 for a commercial quantity (2.0 kg or more), imprisonment for life or 7,500 penalty units, or both. Possessing an unlawfully imported quantity is s307.5 to s307.7 on the same thresholds, and possessing one reasonably suspected of unlawful import is s307.8 to s307.10. The Customs Act s233(5) leaves border controlled drugs to these offences rather than to the Customs Act smuggling offence. If the limb (d) reading holds, s301.10 to s301.12 table item 2 give it THC's quantities and: Trafficking THC-P (s302.1: selling, preparing for supply, transporting, guarding or possessing with intent to sell) is s302.4, imprisonment for 10 years or 2,000 penalty units, or both. Trafficking a marketable quantity, 1,000.0 g or more under Schedule 1 item 238 of the Criminal Code Regulations, is s302.3, 25 years or 5,000 penalty units, or both. A commercial quantity, 5.0 kg or more, is s302.2, imprisonment for life or 7,500 penalty units, or both. Under s302.5 a person who prepares, transports, guards or possesses a trafficable quantity, 2.0 g or more, is taken to have intended to sell unless they prove they had neither that intention nor belief, a legal burden (s13.4). Manufacturing THC-P for a commercial purpose is s305.5, 10 years or 2,000 penalty units, or both (12 years or 2,400 penalty units if a child under 14 is exposed, s310.4); s305.4 for a marketable quantity, 25 years or 5,000 penalty units (28 years or 5,600 aggravated); s305.3 for a commercial quantity, imprisonment for life or 7,500 penalty units, or both. Under s305.6 manufacturing a trafficable quantity presumes the commercial purpose, rebuttably. Possessing THC-P as a controlled drug is s308.1, imprisonment for 2 years or 400 penalty units, or both, and s308.1(3) lets the court deal with the offender as if the offence were the state or territory possession offence, so diversion available there is available here. Supplying any quantity to a child is s309.2, 15 years or 3,000 penalty units, or both. If it does not, possession, sale and supply within Australia are state and territory poisons offences built on its Schedule 9 placement. Part 9.1, other than the import and export offences in Division 307, does not apply to conduct justified or excused by or under a state or territory law (s313.1), which is how lawful prescribing and dispensing sit outside it. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together. Quantities are proved under s312.1 as in force on 2 October 2026, by the pure drug in a mixture. A substituted s312.1, enacted by the Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2026 (assented to 26 August 2026), Schedule 2 Part 2, will «treat the mixture as consisting wholly of the prohibited substance»; it commences on a day fixed by Proclamation or at the latest on 26 August 2027, and no Proclamation was found when this was read.
- If prescribed / medical
- No prescription route: THC-P sits in Schedule 9 of F2026L01327. The Reader's guide, which is not part of the instrument, describes Schedule 9 as «Substances which may be abused or misused, the manufacture, possession, supply or use of which should be prohibited by law except when required for medical or scientific research, or for analytical, teaching or training purposes with approval of Commonwealth and/or State or Territory Health Authorities.» Outside an approved clinical trial or research, there is no lawful medical supply in Australia on anything read for this cell, and a foreign prescription does not change the Commonwealth position.
- Documentation
- No traveller exemption is shown for a Schedule 9 substance. The Australian Border Force traveller guidance (abf.gov.au, read 2 October 2026) covers «Prescription medicines such as morphine, oxycodone, methadone, methylphenidate, Adderall®, and benzodiazepines» and nothing read for this cell treats a foreign prescription for a Schedule 9 substance as lawful authority for an import that Division 307 otherwise punishes. An import needs an Office of Drug Control licence and permission under regulation 5(1) of the Customs (Prohibited Imports) Regulations 1956, and regulation 5(10) lets permission be granted only where, in the cases that apply to a private person, the drug «is required by the applicant for medical or scientific purposes». The personal importation rule in Therapeutic Goods Regulations 1990 Schedule 5 item 1, which covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family», does not help where the substance is a prohibited import, because it applies only where «the goods do not contain a substance the importation of which is prohibited under the Customs Act 1901».
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
Tobacco
- Legal status
- Legal for adults and regulated; not a scheduled poison in smoking form and not a Commonwealth drug. F2026L01327 excludes tobacco from each nicotine entry, for example Schedule 7 «NICOTINE except: (a) when included in Schedule 3 or 4; or (b) in preparations for oromucosal or transdermal administration for human therapeutic use when included in the Register as an aid in withdrawal either from tobacco smoking or nicotine vaping; or (c) in tobacco prepared and packed for smoking.». Its drug constituent, nicotine, is not a Criminal Code drug. Nicotine is not listed in Schedule 1 or Schedule 2 of the Criminal Code Regulations 2019 (Compilation No. 6). Nearest listed drug: phendimetrazine (Schedule 1 item 222, Schedule 2 item 182), an aryl ring joined to a saturated nitrogen ring that carries an N-methyl group, as in nicotine. Limb (a) of s301.9(1) does not reach it because its molecular formula differs from phendimetrazine's and from every listed drug's, so it is no isomer, and although it is a plant alkaloid it is not an alkaloid of a listed drug; limb (c) does not, because reaching it from phendimetrazine would replace the morpholine ring, a core ring, with a pyrrolidine ring, move the aryl ring from the carbon two bonds from the nitrogen to the carbon next to it, which changes the skeleton, and replace the benzene ring with a pyridine ring; the skeleton change is none of the s301.9(1)(c) modifications; and on the method stated next limb (d) does not, because it needs a core ring replacement and a change of skeleton, which is more than one contestable change. The method used for every row is a reading, not a rule the Act states: a modification that limb (a) or limb (c) plainly describes is treated as making a drug analogue; one contestable modification (a swap within one paragraph of s301.9(2), or a core ring replaced), a single limb (d) change from the listed drug, or an express exclusion or different listing in the Regulations is treated as making the exposure conditional; anything more, including adding or removing a ring, is treated as outside s301.9. Because s301.9(1)(c) allows a modification «obtained in one or more of the following ways», the tier this gives can depend on how a change is described, and nothing read settles which description governs. No court decision applying s301.9 to nicotine was read, so this is a reading of the text. Under the Customs (Prohibited Imports) Regulations 1956 regulation 4DA «The importation of tobacco products into Australia is prohibited under this regulation unless» a permission is granted, with an exemption for duty-free tobacco carried by passengers or crew (regulation 4DA(2)(d)), and regulation 4D separately prohibits unmanufactured tobacco without permission from the Commissioner of Taxation. Retail licensing and sales age rules are state and territory law and are not stated here. The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» No Commonwealth criminal drug offence reaches possession, sale or use of tobacco. Part 9.2 excludes «a tobacco product (within the meaning of the Public Health (Tobacco and Other Products) Act 2023)», s320.2(2)(b). Importing tobacco products without the permission regulation 4DA requires is a prohibited import, Customs Act s233(1)(b), punishable under s233AB(2) by a fine only, the greater of 3 times the value of the goods or 1,000 penalty units ($364,000). The Customs Act has tobacco offences of its own in s233BABAD (Compilation No. 193, compilation date 19 September 2026). Importing tobacco products «with the intention of defrauding the revenue» (s233BABAD(1)), or conveying or possessing them knowing they were imported with intent to defraud the revenue (s233BABAD(2)), is «punishable on conviction by imprisonment for not more than 15 years», a fine of up to 30 times the duty that would have been payable or, where the court cannot determine the duty, 12,000 penalty units, or both (s233BABAD(4) and (5)). Importing them «reckless as to whether there would be defrauding of the revenue» (s233BABAD(2A)), or conveying or possessing them reckless as to whether they were imported with that intent (s233BABAD(2B)), carries «imprisonment for not more than 10 years», a fine of up to 20 times the duty or 8,000 penalty units, or both (s233BABAD(4A) and (5A)). A person convicted or acquitted under s233BABAD is not liable under s233 for the same conduct (s233BABAD(6)). Duty and excise rates and the Public Health (Tobacco and Other Products) Act 2023 packaging and product rules were not read for this cell. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together.
- If prescribed / medical
- Not applicable: tobacco for smoking is not a medicine. Nicotine replacement therapy is covered under nicotine.
- Documentation
- The Australian Border Force duty-free guidance (abf.gov.au, read 2 October 2026) states: «As a traveller, you can bring tobacco products with you into Australia if you are aged 18 years or older. You do not need a permit to bring in tobacco products to Australia as a traveller.» Duty and tax apply above the duty-free concession. The medicines traveller rule in Therapeutic Goods Regulations 1990 Schedule 5 item 1, which covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family», concerns therapeutic goods and does not apply to tobacco prepared for smoking.
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Australian Border Force, duty free · abf.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
Tramadol
- Legal status
- Prescription only medicine under the Poisons Standard; no Commonwealth criminal drug status. F2026L01327 names tramadol in Schedule 4, «TRAMADOL.». The entry carries no # marker, so tramadol has no Appendix D control in this issue; Appendix K lists it among sedation warning medicines. It is not listed in Schedule 1 or Schedule 2 of the Criminal Code Regulations 2019 (Compilation No. 6). Nearest listed drug: the arylcyclohexylamines phencyclidine (Schedule 1 item 221) and ketamine (Schedule 1 item 146), which like tramadol carry an aryl ring and an amine on a cyclohexane ring. Limb (a) of s301.9(1) does not reach it because its molecular formula differs from each of theirs, so it is no isomer, and it is not an alkaloid of a listed drug; limb (c) does not, because in tramadol the amine hangs from the next ring carbon through an added methylene group, not from the carbon that carries the aryl ring, and that carbon carries a hydroxy group instead; moving the amine changes the skeleton, which no s301.9(1)(c) modification describes; and on the method stated next limb (d) does not, because the skeleton itself differs, and the hydroxy and methoxy groups are further changes. The method used for every row is a reading, not a rule the Act states: a modification that limb (a) or limb (c) plainly describes is treated as making a drug analogue; one contestable modification (a swap within one paragraph of s301.9(2), or a core ring replaced), a single limb (d) change from the listed drug, or an express exclusion or different listing in the Regulations is treated as making the exposure conditional; anything more, including adding or removing a ring, is treated as outside s301.9. Because s301.9(1)(c) allows a modification «obtained in one or more of the following ways», the tier this gives can depend on how a change is described, and nothing read settles which description governs. No court decision applying s301.9 to tramadol was read, so this is a reading of the text. Nor is it named in Schedule 4 of the Customs (Prohibited Imports) Regulations 1956 as in force on 2 October 2026. The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» No Commonwealth criminal offence reaches possession, sale, supply, manufacture or use of tramadol: it is not a controlled or border controlled drug, and it is not a prohibited import under Schedule 4 of the Customs (Prohibited Imports) Regulations 1956 (Compilation No. 147), so the Customs Act 1901 s233 offence for prohibited imports does not reach its import. Supply is controlled by state and territory poisons law applying its Poisons Standard schedule. Part 9.2 of the Criminal Code is the residual import offence: s320.2 punishes importing a psychoactive substance by 5 years or 300 penalty units, or both, and s320.3 importing a substance presented as a serious drug alternative by 2 years or 120 penalty units, or both; s320.2(2) excludes listed or registered therapeutic goods, goods represented for therapeutic use other than as a serious drug alternative, industrial chemicals, a plant or fungus or an extract from one, any serious drug or precursor, and any prohibited import within the meaning of the Customs Act. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together.
- If prescribed / medical
- Tramadol is a Schedule 4 prescription only medicine. The Reader's guide, which is not part of the instrument, describes Schedule 4 as «Substances, the use or supply of which should be by or on the order of persons permitted by State or Territory legislation to prescribe and should be available from a pharmacist on prescription.»
- Documentation
- Its import is not prohibited by the Customs (Prohibited Imports) Regulations; the personal import limits are those of the rule in Therapeutic Goods Regulations 1990 Schedule 5 item 1 (Compilation No. 130), which covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family», limited to «not more than 3 months’ supply at the maximum dose recommended by the manufacturer» in one importation, no more than 15 months’ supply in 12 months, and, because it is a Schedule 4 good, a written authority from a medical practitioner, or an overseas medical practitioner where a passenger carries it. The ABF traveller guidance asks travellers to carry «a letter or copy of your prescription (written in English)» and declare the medicine. The Therapeutic Goods Administration and Office of Drug Control traveller pages (tga.gov.au, odc.gov.au) did not respond from this network on 2 October 2026 (curl timeout after 60 seconds, twice, and a second fetcher timed out), so nothing in this cell rests on them.
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
Xanax (Alprazolam)
- Legal status
- Controlled medicine, and conditionally a Commonwealth controlled drug by the analogue route. F2026L01327 names alprazolam in Schedule 8, «# ALPRAZOLAM.», the only benzodiazepine there besides flunitrazepam, with the Appendix D marker. The Customs (Prohibited Imports) Regulations 1956 name it, «13 Alprazolam». Bromazolam has been a listed controlled drug (Schedule 1 item 36A) and border controlled drug (Schedule 2 item 31A) since 1 March 2025, inserted by the Criminal Code Amendment (Controlled and Border Controlled Drugs and Precursors) Regulations 2025 (F2025L00032, made 23 January 2025, registered 24 January 2025). Alprazolam is 8-chloro-1-methyl-6-phenyl-4H-[1,2,4]triazolo[4,3-a][1,4]benzodiazepine and bromazolam is the same molecule with bromine in place of that chlorine. Criminal Code s301.9(1) makes a drug analogue of a listed drug «a structural modification obtained in one or more of the following ways», including «(iii) by the replacement of one or more of the groups or atoms specified in subsection (2) with one or more of the other groups or atoms specified in that subsection», and s301.9(2)(c) specifies «halogen, hydroxy, nitro or amino groups». Bromine and chlorine are both within the single word «halogen» in s301.9(2)(c), so whether swapping one for the other is a replacement with one of «the other groups or atoms specified» is contestable; limb (d), «any other homologue, analogue, chemical derivative or substance substantially similar in chemical structure», is the other route and turns on a court's view of similarity. The Criminal Code exposure of alprazolam is therefore conditional: if either route holds, alprazolam is a controlled drug (s301.1(1)(b)) and a border controlled drug (s301.4(1)(b)) at bromazolam's quantities (s301.10 to s301.12, table items 2 and 3); if neither holds, Part 9.1 does not reach it and its import is a Customs Act s233 matter as a prohibited import. Described another way the step is plain: bromine replaced by a hydrogen atom («halogen» in (2)(c) to «hydrogen atoms» in (2)(d)), then that hydrogen replaced by chlorine, each a swap between paragraphs. Because s301.9(1)(c) allows a structural modification «obtained in one or more of the following ways», nothing read decides whether such a redescription, or a composition of steps, is accepted, so the tier depends on the description and this cell keeps the exposure conditional. The method used for every row is a reading, not a rule the Act states: a modification that limb (a) or limb (c) plainly describes is treated as making a drug analogue; one contestable modification (a swap within one paragraph of s301.9(2), or a core ring replaced), a single limb (d) change from the listed drug, or an express exclusion or different listing in the Regulations is treated as making the exposure conditional; anything more, including adding or removing a ring, is treated as outside s301.9. Because s301.9(1)(c) allows a modification «obtained in one or more of the following ways», the tier this gives can depend on how a change is described, and nothing read settles which description governs. No court decision applying s301.9 to alprazolam was read for this cell. The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» The Part 9.1 exposure is conditional on the drug analogue reading stated in the opening. If it does not hold, no Commonwealth offence reaches possession, sale or supply of alprazolam, and an import outside a licence and permission or the traveller exemption is a prohibited import under item 13, an offence against Customs Act s233(1)(b) punishable under s233AB(2) by a fine only, the greater of 3 times the value of the goods or 1,000 penalty units. If it holds, alprazolam is a border controlled drug, its import is a Division 307 matter and not a Customs Act s233 matter, and the following apply. Trafficking alprazolam (s302.1: selling, preparing for supply, transporting, guarding or possessing with intent to sell) is s302.4, imprisonment for 10 years or 2,000 penalty units, or both. Trafficking a marketable quantity, 1,250.0 g or more under Schedule 1 item 36A of the Criminal Code Regulations, is s302.3, 25 years or 5,000 penalty units, or both. A commercial quantity, 5.0 kg or more, is s302.2, imprisonment for life or 7,500 penalty units, or both. Under s302.5 a person who prepares, transports, guards or possesses a trafficable quantity, 30.0 g or more, is taken to have intended to sell unless they prove they had neither that intention nor belief, a legal burden (s13.4). Manufacturing alprazolam for a commercial purpose is s305.5, 10 years or 2,000 penalty units, or both (12 years or 2,400 penalty units if a child under 14 is exposed, s310.4); s305.4 for a marketable quantity, 25 years or 5,000 penalty units (28 years or 5,600 aggravated); s305.3 for a commercial quantity, imprisonment for life or 7,500 penalty units, or both. Under s305.6 manufacturing a trafficable quantity presumes the commercial purpose, rebuttably. Import and export are offences of their own in Division 307 against the border controlled drug listing (Schedule 2 item 31A), by s301.4(1)(b) as an analogue of bromazolam, if that reading holds: s307.3, imprisonment for 10 years or 2,000 penalty units, or both, with a defence if the person proves no intention or belief that any would be sold; s307.4, which needs no commercial intent, 2 years or 400 penalty units, or both; s307.2 for a marketable quantity (30.0 g or more), 25 years or 5,000 penalty units, or both; s307.1 for a commercial quantity (5.0 kg or more), imprisonment for life or 7,500 penalty units, or both. Possessing an unlawfully imported quantity is s307.5 to s307.7 on the same thresholds, and possessing one reasonably suspected of unlawful import is s307.8 to s307.10. The Customs Act s233(5) leaves border controlled drugs to these offences rather than to the Customs Act smuggling offence. Possessing alprazolam as a controlled drug is s308.1, imprisonment for 2 years or 400 penalty units, or both, and s308.1(3) lets the court deal with the offender as if the offence were the state or territory possession offence, so diversion available there is available here. Supplying any quantity to a child is s309.2, 15 years or 3,000 penalty units, or both. Part 9.1, other than the import and export offences in Division 307, does not apply to conduct justified or excused by or under a state or territory law (s313.1), which is how lawful prescribing and dispensing sit outside it. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together. Quantities are proved under s312.1 as in force on 2 October 2026, by the pure drug in a mixture. A substituted s312.1, enacted by the Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2026 (assented to 26 August 2026), Schedule 2 Part 2, will «treat the mixture as consisting wholly of the prohibited substance»; it commences on a day fixed by Proclamation or at the latest on 26 August 2027, and no Proclamation was found when this was read. Prescribed possession is excused by s313.1 because the state and territory law under which it was prescribed justifies it.
- If prescribed / medical
- Alprazolam has a prescription route as a Schedule 8 controlled drug. The Reader's guide, which is not part of the instrument, describes Schedule 8 as «Substances which should be available for use but require restriction of manufacture, supply, distribution, possession and use to reduce abuse, misuse and physical or psychological dependence.» Prescribing, dispensing and the permits a prescriber may need are state and territory law. Possession under a lawful prescription is conduct justified or excused by state or territory law, so Part 9.1 outside Division 307 does not apply to it (s313.1), and Criminal Code s10.5 provides «A person is not criminally responsible for an offence if the conduct constituting the offence is justified or excused by or under a law.» Appendix D clause 5 of F2026L01327 lists «BENZODIAZEPINE DERIVATIVES, including those separately specified in Schedule 4 and Schedule 8» among the poisons that «must not be possessed by a person without authority (for example, possession other than in accordance with a legal prescription)», so possession without a prescription is meant to be an offence once each state and territory adopts it.
- Documentation
- Traveller rule, Commonwealth: regulation 5(2)(b) of the Customs (Prohibited Imports) Regulations 1956 lifts the import prohibition for a drug carried by a passenger on a ship or aircraft that «is required for the medical treatment of the person or of another passenger under the care of the person», «was prescribed by a medical practitioner for the purposes of that treatment» and «was supplied to the person in accordance with the prescription of the medical practitioner referred to in subparagraph (ii)». Therapeutic Goods Regulations 1990 Schedule 5 item 1 (Compilation No. 130, compilation date 8 September 2026) covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family» and limits the personal import to «not more than 3 months’ supply at the maximum dose recommended by the manufacturer» in one importation and, for goods in Schedule 4 or Schedule 8 of the current Poisons Standard, requires a written authority from a medical practitioner, or an overseas medical practitioner where the goods are carried by a passenger. The Australian Border Force traveller guidance (abf.gov.au, read 2 October 2026) asks the traveller to «carry a letter or copy of your prescription (written in English) from your doctor to certify that the medicine has been prescribed to you to treat a medical condition», to keep the medicine in its original packaging and to declare it on arrival. Anything outside that exemption needs an import licence and permission from the Office of Drug Control under regulation 5(1). Where the medicine is also a border controlled drug, Division 307 of the Criminal Code has no traveller exception of its own; the traveller relies on Criminal Code s10.5, «A person is not criminally responsible for an offence if the conduct constituting the offence is justified or excused by or under a law.», on the footing that an import within regulation 5(2)(b) is so excused. That footing is this cell's reading of the provisions; no decision applying it was read. The Therapeutic Goods Administration and Office of Drug Control traveller pages (tga.gov.au, odc.gov.au) did not respond from this network on 2 October 2026 (curl timeout after 60 seconds, twice, and a second fetcher timed out), so nothing in this cell rests on them. The ABF guidance names «benzodiazepines» among the prescription medicines covered by the traveller exemption.
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
Xylazine
- Legal status
- Prescription only medicine under the Poisons Standard; no Commonwealth criminal drug status. F2026L01327 names xylazine in Schedule 4, «XYLAZINE.». Schedule 4 covers «prescription animal remedies». It is not listed in Schedule 1 or Schedule 2 of the Criminal Code Regulations 2019 (Compilation No. 6). Nearest listed drug: none with its ring system: no listed drug carries a dihydrothiazine ring, and the listed drugs share at most a substituted benzene ring with xylazine. Limb (a) of s301.9(1) does not reach it because its molecular formula differs from every listed drug's, so it is no isomer, and it is not an alkaloid of a listed drug; limb (c) does not, because reaching it from any listed drug would build the sulphur-containing thiazine ring, and adding a ring is none of the s301.9(1)(c) modifications; and on the method stated next limb (d) does not, because it is not one change away from any listed drug. The method used for every row is a reading, not a rule the Act states: a modification that limb (a) or limb (c) plainly describes is treated as making a drug analogue; one contestable modification (a swap within one paragraph of s301.9(2), or a core ring replaced), a single limb (d) change from the listed drug, or an express exclusion or different listing in the Regulations is treated as making the exposure conditional; anything more, including adding or removing a ring, is treated as outside s301.9. Because s301.9(1)(c) allows a modification «obtained in one or more of the following ways», the tier this gives can depend on how a change is described, and nothing read settles which description governs. No court decision applying s301.9 to xylazine was read, so this is a reading of the text. Nor is it named in Schedule 4 of the Customs (Prohibited Imports) Regulations 1956 as in force on 2 October 2026. The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» No Commonwealth criminal offence reaches possession, sale, supply, manufacture or use of xylazine: it is not a controlled or border controlled drug, and it is not a prohibited import under Schedule 4 of the Customs (Prohibited Imports) Regulations 1956 (Compilation No. 147), so the Customs Act 1901 s233 offence for prohibited imports does not reach its import. Supply is controlled by state and territory poisons law applying its Poisons Standard schedule. Part 9.2 of the Criminal Code is the residual import offence: s320.2 punishes importing a psychoactive substance by 5 years or 300 penalty units, or both, and s320.3 importing a substance presented as a serious drug alternative by 2 years or 120 penalty units, or both; s320.2(2) excludes listed or registered therapeutic goods, goods represented for therapeutic use other than as a serious drug alternative, industrial chemicals, a plant or fungus or an extract from one, any serious drug or precursor, and any prohibited import within the meaning of the Customs Act. An imported registered veterinary product is outside s320.2 by its veterinary chemical product exclusion, s320.2(2)(g). There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together.
- If prescribed / medical
- Xylazine is a Schedule 4 prescription only medicine. The Reader's guide, which is not part of the instrument, describes Schedule 4 as «Substances, the use or supply of which should be by or on the order of persons permitted by State or Territory legislation to prescribe and should be available from a pharmacist on prescription.»
- Documentation
- Its import is not prohibited by the Customs (Prohibited Imports) Regulations; the personal import limits are those of the rule in Therapeutic Goods Regulations 1990 Schedule 5 item 1 (Compilation No. 130), which covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family», limited to «not more than 3 months’ supply at the maximum dose recommended by the manufacturer» in one importation, no more than 15 months’ supply in 12 months, and, because it is a Schedule 4 good, a written authority from a medical practitioner, or an overseas medical practitioner where a passenger carries it. The ABF traveller guidance asks travellers to carry «a letter or copy of your prescription (written in English)» and declare the medicine. The Therapeutic Goods Administration and Office of Drug Control traveller pages (tga.gov.au, odc.gov.au) did not respond from this network on 2 October 2026 (curl timeout after 60 seconds, twice, and a second fetcher timed out), so nothing in this cell rests on them.
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
Zolpidem
- Legal status
- Prescription only medicine and prohibited import; not a Criminal Code drug. F2026L01327 names zolpidem in Schedule 4, «ZOLPIDEM.», and Appendix K lists it among medicines that must carry a sedation warning. The Customs (Prohibited Imports) Regulations 1956 name it, «233 Zolpidem». It is not listed in Schedule 1 or Schedule 2 of the Criminal Code Regulations 2019 (Compilation No. 6). Nearest listed drug: methaqualone (Schedule 1 item 158), a fused two-ring nitrogen heterocycle carrying a methylphenyl group, as zolpidem is; no listed drug has zolpidem's imidazopyridine ring system. Limb (a) of s301.9(1) does not reach it because its molecular formula differs from methaqualone's and from every listed drug's, so it is no isomer, and it is not an alkaloid; limb (c) does not, because reaching it from methaqualone would replace both rings of the quinazolinone core with an imidazopyridine, remove the ring carbonyl and add an N,N-dimethylacetamide side chain that s301.9(2) does not specify; and on the method stated next limb (d) does not, because that is more than one change, including two core ring replacements. The method used for every row is a reading, not a rule the Act states: a modification that limb (a) or limb (c) plainly describes is treated as making a drug analogue; one contestable modification (a swap within one paragraph of s301.9(2), or a core ring replaced), a single limb (d) change from the listed drug, or an express exclusion or different listing in the Regulations is treated as making the exposure conditional; anything more, including adding or removing a ring, is treated as outside s301.9. Because s301.9(1)(c) allows a modification «obtained in one or more of the following ways», the tier this gives can depend on how a change is described, and nothing read settles which description governs. No court decision applying s301.9 to zolpidem was read, so this is a reading of the text. The Poisons Standard read is the Poisons Standard October 2026 (Federal Register of Legislation F2026L01327, made 28 September 2026, registered 30 September 2026, in force from 1 October 2026 under its s2, replacing the June 2026 issue; no later issue was registered when it was read). This cell states Commonwealth law only. The Poisons Standard has effect through adoption by each state and territory: its Reader's guide, which s5(1) of the instrument says is not part of it, states «The scheduling of poisons is implemented through relevant State and Territory legislation.» Most personal possession and use offences are state and territory law, which differs by jurisdiction, and Criminal Code s300.4 keeps those laws running concurrently with Part 9.1. Read as in force on 2 October 2026 against F2026L01327, the Criminal Code Act 1995 at Compilation No. 174 (compilation date 30 June 2026, C2026C00243), the Criminal Code Regulations 2019 at Compilation No. 6 (compilation date 13 December 2025, F2025C01260) and the Customs (Prohibited Imports) Regulations 1956 at Compilation No. 147 (compilation date 13 July 2026, F2026C00751). The Criminal Code Regulations schedules are made by the Governor-General and the Poisons Standard by a delegate of the Secretary under Therapeutic Goods Act 1989 s52D, so a later instrument can change any of this, and this reading does not rule out a later amendment.
- Consequences if caught
- Capital exposure: none. The highest penalty anywhere in Part 9.1 of the Criminal Code is imprisonment for life, and Death Penalty Abolition Act 1973 s6 provides «The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).» No Commonwealth offence reaches possession, sale, supply, manufacture or use of zolpidem inside Australia; those are state and territory poisons offences built on its Poisons Standard placement. At the border it is a prohibited import under regulation 5 of the Customs (Prohibited Imports) Regulations 1956, which names zolpidem at Schedule 4 item 233. Importing it without a licence and permission, or outside the traveller exemption, contravenes Customs Act 1901 s233(1)(b), and having unlawfully imported goods in possession contravenes s233(1)(d); both are strict liability (s233(1AB)) and are punishable under s233AB(2) by a fine only, not exceeding 3 times the value of the goods or 1,000 penalty units ($364,000), whichever is greater. Customs Act s233(5) takes narcotic goods, meaning border controlled drugs and plants, out of s233, which is why Division 307 and not s233 governs a border controlled drug. Part 9.2 does not apply, because s320.2(2)(k) excludes a prohibited import. There is no Commonwealth offence of using or consuming a drug; use is left to state and territory law. A penalty unit is $364 for an offence committed on or after 1 July 2026 under the Crimes (Amount of a Penalty Unit) Instrument 2026 (F2026N00424), made under Crimes Act 1914 s4AA, so 400 penalty units is $145,600, 2,000 is $728,000 and 7,500 is $2,730,000; «or both» in each penalty means the prison term and the fine are available alternatively or together.
- If prescribed / medical
- Zolpidem is a Schedule 4 prescription only medicine. The Reader's guide, which is not part of the instrument, describes Schedule 4 as «Substances, the use or supply of which should be by or on the order of persons permitted by State or Territory legislation to prescribe and should be available from a pharmacist on prescription.» It carries no Appendix D possession control.
- Documentation
- Traveller rule, Commonwealth: regulation 5(2)(b) of the Customs (Prohibited Imports) Regulations 1956 lifts the import prohibition for a drug carried by a passenger on a ship or aircraft that «is required for the medical treatment of the person or of another passenger under the care of the person», «was prescribed by a medical practitioner for the purposes of that treatment» and «was supplied to the person in accordance with the prescription of the medical practitioner referred to in subparagraph (ii)». Therapeutic Goods Regulations 1990 Schedule 5 item 1 (Compilation No. 130, compilation date 8 September 2026) covers «therapeutic goods that are imported for therapeutic use in the treatment of the importer or the importer’s immediate family» and limits the personal import to «not more than 3 months’ supply at the maximum dose recommended by the manufacturer» in one importation and, for goods in Schedule 4 or Schedule 8 of the current Poisons Standard, requires a written authority from a medical practitioner, or an overseas medical practitioner where the goods are carried by a passenger. The Australian Border Force traveller guidance (abf.gov.au, read 2 October 2026) asks the traveller to «carry a letter or copy of your prescription (written in English) from your doctor to certify that the medicine has been prescribed to you to treat a medical condition», to keep the medicine in its original packaging and to declare it on arrival. Anything outside that exemption needs an import licence and permission from the Office of Drug Control under regulation 5(1). Where the medicine is also a border controlled drug, Division 307 of the Criminal Code has no traveller exception of its own; the traveller relies on Criminal Code s10.5, «A person is not criminally responsible for an offence if the conduct constituting the offence is justified or excused by or under a law.», on the footing that an import within regulation 5(2)(b) is so excused. That footing is this cell's reading of the provisions; no decision applying it was read. The Therapeutic Goods Administration and Office of Drug Control traveller pages (tga.gov.au, odc.gov.au) did not respond from this network on 2 October 2026 (curl timeout after 60 seconds, twice, and a second fetcher timed out), so nothing in this cell rests on them.
Poisons Standard October 2026, F2026L01327 · legislation.gov.au · Criminal Code Act 1995, Compilation No. 174, volume 1 (s10.5) and volume 2 (Part 9.1, Part 9.2) · legislation.gov.au · legislation.gov.au · Criminal Code Regulations 2019, Compilation No. 6 (Schedules 1 and 2) · legislation.gov.au · Customs (Prohibited Imports) Regulations 1956, Compilation No. 147 (regulation 5, Schedule 4) · legislation.gov.au · Customs Act 1901, Compilation No. 193, volume 1 (s4) and volume 3 (Part XIII, s233 to s233BABAD) · legislation.gov.au · legislation.gov.au · Therapeutic Goods Regulations 1990, Compilation No. 130 (Schedule 5 item 1) · legislation.gov.au · Crimes (Amount of a Penalty Unit) Instrument 2026, F2026N00424 · legislation.gov.au · Death Penalty Abolition Act 1973 s6 · legislation.gov.au · Australian Border Force, medicines and substances · abf.gov.au · Sourced from the Federal Register of Legislation at 2 October 2026. For the latest information on Australian Government law please go to · legislation.gov.au · Federal Register of Legislation content licensed CC BY 4.0 · Australian Border Force material: Australian Government Department of Home Affairs, licensed CC BY 3.0 Australia · Updated October 3, 2026
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