For residents wondering if vapes are illegal in Queensland, the short answer is no. You can still legally smoke vapes, but there have been some major changes to how these products can be purchased.

On October 1st 2024, new vaping laws enacted by the Therapeutic Goods Administration came into effect for vapes and vaping products. Regardless of whether a vaping product contains nicotine or not, the only way to legally purchase one is through a licensed pharmacy.

The Government has stated that community protection from the harms of vaping is the main reason for this change. There are, however, a few important distinctions to these new laws regarding the type of vaping products that can be purchased.

Are non-nicotine vapes illegal in Queensland?

The Government is very clear on this. If you find a retailer that is NOT a pharmacy and they are selling vaping products, that retailer is doing so illegally. This includes:

Tobacconists
Vape shops
Convenience stores
Any other retailer

Keep in mind these laws are designed to crack down on the “commercial and criminal supply” of vaping products. That means individuals (even those under the age of 18) will not be targeted by the law for carrying or using a personal vape.

Can I purchase a vape in Queensland without a Prescription?

Yes, but there are limits. As of July 2024, adults in Queensland can purchase nicotine vapes without a prescription, provided the nicotine concentration is 20 mg/mL or less.

This ensures the supply of therapeutic vapes are restricted to medical professionals, allowing pharmacists to provide the necessary guidance before a sale is made. This helps to ensure the suitability of the product for the buyer, reducing the risk of misuse.

1. Pharmacist Consultation Required

Even though a prescription is no longer necessary for low-concentration vapes under 20 mg/mL, a pharmacist consultation is mandatory. During this consultation, the pharmacist will:

Assess the health risks and benefits of the product.
Discuss appropriate dosage recommendations.
Explore alternative treatments for managing nicotine dependence, such as patches or gum.

Additionally, you must provide proof of age. Child safety measures have been put in place, so individuals must be 18 years or older to access vapes. State and territory laws apply.

2. Higher Concentration Nicotine Vapes Still Require a Prescription

If you require a nicotine vape with a concentration higher than 20 mg/mL, you will still need a prescription. This ensures that stronger therapeutic vapes, which carry higher health risks, are used only by individuals who need them, and have medical supervision

3. Ban on Disposable and Single Use Vapes

The July 2024 changes include a ban on the sale of "single use" and "disposable vapes", regardless of their nicotine content. These products are often found in the black market and can pose significant health risks due to a lack of regulation. Only therapeutic products, intended to help individuals quit vaping, are legally available through pharmacies.

4. Restrictions on Flavours

To minimise recreational use, the variety of flavours available for vapes has been significantly reduced. Under the new regulations, only mint, menthol, and tobacco flavours are allowed

How to Get a Prescription for Nicotine Vapes in Queensland

For individuals who require higher nicotine concentrations, or are under 18 years of age, obtaining a prescription for vapes is essential. Here's a step-by-step guide on how to get a prescription in Queensland:

Step 1: Consult with Your GP or a Specialist

Start by making an appointment with a general practitioner (GP) or a specialist who is authorised to prescribe nicotine vapes. Not all medical practitioners are authorised, so it’s important to find one with the appropriate qualifications.

During this consultation, the doctor will evaluate your smoking habits, medical history, and whether vape products are suitable for you. They will discuss other smoking cessation methods before recommending a nicotine vape, as the ultimate goal will be to reduce nicotine dependance.

Step 2: Receive Your Prescription

If the doctor determines that a nicotine vape is the best option, they will issue a prescription. This is mandatory for any vape device with a nicotine concentration above 20 mg/mL or for those under 18 years old

Step 3: Visit a Licensed Pharmacy

Visit a licensed pharmacy that stocks nicotine vapes. These products can only be sold by pharmacies that meet the TGA's regulatory requirements. You can find a list of notified vapes on the TGA website.

The pharmacist will dispense the vape product, provide instructions for use, and explain how to manage any potential side effects. Under the law, a one-month supply is the maximum amount that can be provided in any 30-day period.

Step 4: Follow Up with Your Doctor

Regular follow-up appointments with your doctor will ensure that vaping is helping to manage your nicotine dependency effectively. If you experience any side effects, it's important to contact your healthcare provider for guidance.

Key Takeaways

The laws around vaping products have changed, but vapes are not illegal in Queensland. The While the Therapeutic Goods Administration are cracking down on illicit vapes, their focus is on commercial retailers, not individuals with a personal supply.

While residents can still purchase vapes that contain nicotine, they may require a prescription for the higher concentrations. There are some additional laws preventing young people from vaping, but these are subject to state and territory laws.

The Australian Government's ultimate goal for brining in these new laws is to reduce nicotine dependence, and the negative health effects associated with it. By only allowing a licensed pharmacist to dispense vapes, the Therapeutic Goods Administration hopes to protect the community from the harms of excessive vaping.

Are vapes illegal in Queensland? No, but you may need a Prescription