The regulations around vaping in Australia have been undergoing significant changes recently, with updates that aim to address public health concerns and curb the rise in youth vaping. Among the various types of vaping devices, dry herb vaporisers have come into focus, and many people are wondering where they fit in to the evolving legal framework. So, what are dry herb vapes, and are they legal in Australia?
What are dry herb vaporisers?
Dry herb vaporisers/vapes are inhalation devices designed to gently heat plant material —often cannabis or tobacco— to its vaporisation point (around 350ºC) rather than its combustion point (400-900ºC). The active substances from the plant product are released and consumed as an aerosol using non-combusting heat (therefore not producing smoke) [1]. These are sometimes referred to as “heat-not-burn” or “HNB” products.
Unlike e-cigarettes where the active ingredients (eg. nicotine and chemical flavourings), are contained within a liquid that is heated and vapourised, dry herb vapes work by inserting dried plant material into the vape which is then “vapourised”, releasing the active ingredients (eg. THC from cannabis). This can be done via conduction or convection heating.
Vaping legislation in Australia: what has changed?
Australia now has a therapeutic-only model for vaping. This means only those vapes obtained from a pharmacy for the purpose of quitting smoking are permitted. All other vapes are banned. This includes dry herb vapes.
The most recent changes since the previous vaping law updates are:
From October 1, 2024: therapeutic vapes can now be bought from participating pharmacies by people 18 and older without a prescription, if the nicotine concentration is 20 mg/ml or under [2].
Therapeutic e-cigarettes are intended for assistance in quitting smoking, or managing nicotine dependence (addiction).
These e-cigarettes must meet certain criteria:
- Flavours are limited to mint, menthol or tobacco
- Packaging is plain pharmaceutical style
- Nicotine concentration cannot be higher than 20mg/ml
- Anyone who needs a higher concentration of nicotine requires a prescription.
Where do dry herb vapes fit in?
Dry herb vaporisers differ from traditional e-cigarettes and liquid-based vapes, as they typically don’t use nicotine-based liquids. Although the new laws primarily target nicotine vaping products, the regulations involve all vapes (including dry herb vapes), regardless of nicotine content.
The bottom line:
Non-pharmacy retailers (online or in-store) such as tobacconists, vape shops and convenience stores, are prohibited from selling any type of vape, regardless of whether they contain nicotine or not. Dry herb vapes fall into this category.
Are dry herb vapes legal in Australia?
The short answer is no.
There may be some exceptions for people who use medicinal cannabis under a prescription. Read here for more information about medicinal cannabis and cannabis vapes, or speak to your GP.
Read here for a summary of the new vaping laws in Australia.
References:
[1] Centers for Disease Control and Prevention. (2019). E-cigarette, or vaping, products visual dictionary. Centers for Disease Control and Prevention. https://www.cdc.gov/tobacco/basic_information/e-cigarettes/pdfs/ecigarette-or-vaping-products-visual-dictionary-508.pdf [2] Australian Government Department of Health and Aged Care. (2024, July 1). New Laws for Vapes. Australian Government Department of Health and Aged Care. https://www.health.gov.au/vaping/new-laws
Author: Francesca Wallis. With expert review by researchers at the Matilda Centre for Research in Mental Health and Substance Use.
