If you’re over 18 years old in Australia, you can now buy therapeutic vaping products (vapes) from a pharmacy without a prescription – with a few caveats.
In July, the world-leading Australian vaping regulations restricted the sale of vapes to pharmacies and required that adults have a prescription to access vaping products.
From 1 October, aside from Tasmania and Western Australia, states and territories will allow anyone of legal age to purchase certain vapes from pharmacies without a doctor’s prescription. Certain vaping products – those with a nicotine concentration of 20 mg/mL or below – are now classified as ‘pharmacy only medicines’ more commonly known as “over the counter” medicines.
So far, two states (Tasmania and Western Australia) opposed to the amendments have indicated that they intend to override national laws and retain the prescription-only model.
Chat to a prescriber
Bulk-billed phone consultations
TGA-authorised clinicians
Nicotine vaping scripts available
In a statement, Health Minister Mark Butler assured the public that the amendments were developed in cooperation with all states and territories. He also mentioned that all vapes sold in pharmacies will have met the strict standards of the Therapeutic Goods Association.
Public Health Groups Welcome Amendment to World-Leading Vape Restriction
Many public health groups, including Quit Australia, have praised the amendments that made quit-smoking tools more accessible while restricting its access to non-smokers and youth who have easily accessed nicotine-containing vapes from illegal vendors prior to the July ban.
According to Quit Australia Director Rachael Anderson, pharmacy-only vape sales are a big help in public safety for both motivated smokers and non-smokers.
“We think that this is an opportunity to get vapes off high streets and in the hands of professionals,” she said.
“We know there have been significant loopholes in previous legislation that has allowed the supply of vaping products right across Australia, particularly to young Australians.”
Pharmacies Concerned
Unlike before, motivated smokers can now purchase vapes from pharmacies without a prescription if the pharmacy stocks them.
It is worth noting that pharmacists have the right to refuse to supply vapes without a prescription.
Pharmacy groups and individual pharmacists had raised concerns about the amendments to the legislation, such as whether their professional indemnity insurance will protect them in the event customers develop health issues from a non-prescription vape sold from a pharmacy.
In response, the Pharmaceutical Society of Australia (PSA) assured pharmacists that all existing liability and indemnity insurance will cover them as long as they adhere to the PSA’s guidelines for supplying vapes. This includes informing the customer about the potential risks associated with vapes, sighting a photograph ID and providing the customer with contact details for a support service.
However, the PSA has maintained its position that while removing prescription-only access was not its “preferred approach” it would support pharmacists who choose to dispense vapes.
“People will not be able to simply buy vapes on request, they must take part in a therapeutic consultation with a pharmacist who will prescribe a therapy based on clinical need,” according to PSA National President Fei Sim.
The Timeline of Vape Restrictions
In 2021, the government passed legislation that made any vape containing nicotine accessible by prescription only. The legislation’s effect was hampered by manufacturers of disposable vapes, in particular, mislabelling their products as containing zero nicotine, making retail level enforcement very difficult.
In January 2024, new laws came into effect prohibiting the importation of all vaping products (with or without nicotine) unless the importer held a licence issued by the Office of Drug Control (ODC).
In July 2024, new legislation classified all vapes as therapeutic products and introduced penalties for the sale, supply, manufacture, and commercial possession of vapes without an appropriate licence.
The government has seized more than five million illegal vapes crossing the Australian border since the passing of the new laws.
However illicit vapes continue to be sold at exorbitant prices on the black market via tobacconists and convenience stores.
In October 2024, the government introduced new legislation that allowed anyone of legal age to purchase low-concentration vapes from pharmacies without a prescription, however some pharmacies remain opposed to the new rules.