Is Nicotine legal in Australia?

Legal status

Nicotine is legal in Australia in combustible tobacco and in nicotine-replacement therapy, but the nicotine DELIVERY product sits under a distinctive medicalised regime, not a consumer market. Nicotine vapes were prescription-only from 1 October 2021; the Therapeutic Goods and Other Legislation Amendment (Vaping Reforms) Act 2024 (from 1 July 2024) banned importation, manufacture, supply and commercial possession of disposable and non-therapeutic vapes, and from 1 October 2024 pharmacists may supply therapeutic nicotine vapes (up to 20 mg/mL) to adults 18+ without a prescription, with higher strengths still requiring one.

Consequences if caught

Personal possession of a therapeutic vape is not itself an offence, but sale or supply outside the pharmacy channel — and any commercial possession, import or manufacture of disposable/non-therapeutic vapes — is prohibited and penalised. Illicit retail sale attracts significant Commonwealth penalties.

If prescribed or medical

Therapeutic nicotine vapes are lawful via pharmacies: no prescription for 18+ at up to 20 mg/mL under pharmacist supply (from 1 Oct 2024), prescription required above 20 mg/mL; TGA product standards cap nicotine at 50 mg/mL and restrict flavours to mint, menthol and tobacco.

Documentation

Supply is through pharmacies under TGA rules; there is no open retail market for nicotine vapes.

Drug laws and enforcement change and vary within a country. This is not legal advice. Always confirm with Australia’s embassy or official drug authority before traveling; penalties can be severe, including imprisonment.