Is MDMA Legal in Canberra? Everything You Need to Know

TGA Approves MDMA and Psilocybin for Medical Use

On 1 July 2023, the Therapeutic Goods Administration (TGA) made a historic decision by reclassifying MDMA and psilocybin, allowing their restricted medical use. This move positioned Australia’s Therapeutic Goods Administration as a global leader in exploring psychedelic substances for psychiatric care.

Previously listed under Schedule 9 (Prohibited Substances) in the Poisons Standard, these drugs are now classified as Schedule 8 (Controlled Drugs). This change allows psychiatrists to prescribe MDMA and psilocybin under strict regulations, but only for specific conditions such as Post Traumatic Stress Disorder (PTSD) and treatment-resistant depression.

Only Authorised Prescribers, approved through the TGA’s Authorised Prescriber Scheme, can administer MDMA and psilocybin-based treatments. Patients seeking MDMA therapy must be evaluated and treated by a qualified psychiatrist working within these legal guidelines.



How the Human Research Ethics Committee Oversees MDMA Treatment

The Human Research Ethics Committee (HREC) plays a crucial role in ensuring that MDMA-assisted therapy meets the highest ethical and medical standards.

Before a psychiatrist can prescribe MDMA, they must obtain approval from the HREC, which evaluates:

• The psychiatrist’s credentials and expertise in psychedelic-assisted therapy.
• The treatment protocol to ensure patient safety.
• The proposed method for monitoring and assessing patient progress.

This oversight helps prevent unregulated or unsafe practices, ensuring that MDMA is used responsibly and ethically in clinical trials.



How Psychotropic Substances Are Regulated

In Australia, the Office of Drug Control (ODC) manages the import and export of certain drugs, including MDMA and psilocybin. 

At the same time, state and territory governments enforce their own laws on MDMA, psilocybin, and other controlled substances under their respective poisons legislation.

To meet Australia's obligations under international drug conventions, the ODC also tracks and reports how much MDMA and psilocybin is made, sold, used, and stored in Australia. This helps ensure that these substances are handled safely and legally.

In certain cases, specifically authorised psychiatrists may legally supply unregistered therapeutic products containing MDMA or psilocybine to patients under their care. This access is strictly regulated and only permitted when all other clinically appropriate treatments have been explored. These substances are currently approved for managing certain mental health conditions, such as post-traumatic stress disorder (PTSD) with MDMA and treatment-resistant depression (TRD) with psilocybine, provided all relevant legislative requirements in the psychiatrist’s state or territory are met.



Is MDMA (Ecstasy) an Effective Treatment for Post Traumatic Stress Disorder?

Psychedelic medicines are substances that contain psychedelic compounds, such as MDMA (3,4-methylenedioxy-methamphetamine) and psilocybin.

Clinical trials have demonstrated that MDMA-assisted therapy can be highly effective in treating post traumatic stress disorder (PTSD), a condition that affects millions worldwide.

A major Phase III clinical trial found that 67% of participants who received MDMA-assisted therapy no longer met the diagnostic criteria for PTSD after treatment, compared to 32% in the placebo group.

MDMA works by increasing neurotransmitter activity and releasing hormones that enhance bonding, trust, and emotional regulation. This neurochemical response reduces fear and defensiveness, allowing patients to confront and process traumatic memories more effectively.

These effects make MDMA an effective tool in PTSD therapy and treatment-resistant depression, where traditional therapies often fail.



Exploring Other Psychedelics Substances for Serious Mental Health Conditions

While MDMA has been recognised for its potential in psychedelic-assisted therapy, it is not the only psychedelic substance being studied for mental health treatment.

Psilocybin, the active compound in certain mushrooms, has also shown promise in treating treatment-resistant depression.

Psilocybin works by interacting with serotonin receptors (5-HT2A) in the brain, which plays a crucial role in mood regulation, cognition, and perception. Unlike traditional antidepressants that require long-term daily use, psilocybin has been shown to produce rapid and long-lasting effects after just one or two controlled therapy sessions. Clinical trials suggest that psilocybin-assisted therapy can:

• Enhance brain connectivity, allowing patients to break free from negative thought patterns and rigid cognitive loops.
• Promote introspection, helping individuals process trauma and confront suppressed emotions.
• Reduce symptoms of depression and anxiety, particularly in cases of treatment-resistant depression.

Understanding the Risks and Side Effects

While MDMA has demonstrated promising results in clinical trials for PTSD and other mental health conditions, it is not without risks. Whether used in a controlled medical setting or recreationally, MDMA may affect the central nervous system, altering brain chemistry, heart function, and body temperature regulation.

Individuals who take MDMA may experience temporary side effects and adverse effects, including:

• Increased heart rate and blood pressure, which can be dangerous for those with underlying cardiovascular conditions.
• Anxiety and paranoia, particularly at high doses or in unfamiliar environments.
• Dehydration and overheating, as MDMA increases body temperature and reduces the body’s ability to regulate fluids, leading to potential heatstroke or organ failure in extreme cases.
• Potential neurotoxicity with prolonged use, as repeated exposure to MDMA can deplete serotonin levels, leading to long-term mood disturbances, memory impairment, and cognitive deficits.

What Happens if You Are Charged with an MDMA Offence?

The legal process for MDMA-related offences varies depending on the severity of the charge. Even with the decriminalisation of small amounts in the ACT, possessing, supplying, or trafficking MDMA without authorisation remains a serious offence under Australian law.

• Minor offences are typically handled in the ACT Magistrates Court.
• Serious offences may be referred to the ACT Supreme Court, where penalties are significantly higher court.

If charged with an MDMA-related offence, individuals may be granted bail, but the court will consider several factors before making a decision, including:

• Criminal history – Previous offences may affect the likelihood of bail being granted.
• Severity of the offence – More serious charges, such as drug trafficking, carry heavier penalties.
• Risk of reoffending – The court will assess whether the accused poses a risk to public safety.

One of the biggest concerns for individuals facing MDMA charges is how long a drug charge stays on record. In Australia, drug offences can remain on a person’s criminal record for years, impacting future employment, travel, and legal rights. In some cases, individuals may be eligible for spent conviction laws, which allow certain offences to be removed from their record after a set period.

If you have been charged with an MDMA-related offence, seeking advice from experienced criminal lawyers is essential. 

What Are the Legal Consequences of MDMA Possession?

Despite its medical reclassification, recreational use of MDMA remains illegal across Australia. Possession, manufacturing, or distribution without proper authorisation can lead to severe legal consequences, including fines and imprisonment. The possible legal consequences include:



Unlawful Administration

Administering MDMA to yourself, another person, or an animal without authorisation is illegal. MDMA is classified as a Schedule 9 substance, meaning it has a high risk of abuse. Penalties include up to 100 penalty units, one year in prison, or both.



Possession of Ecstasy

Possessing MDMA, even for personal use, is a criminal offence under Section 171 of the Drugs of Dependence Act 1989. The maximum penalty for possession is 50 penalty units and/or up to 2 years imprisonment.



Selling or Supplying Ecstasy

Under Section 164 of the Drugs of Dependence Act 1989, selling, supplying, or possessing MDMA with intent to sell is a serious offence. The maximum penalty is 500 penalty units, five years in prison, or both.

While some psychiatrists are authorised to prescribe MDMA for specific mental health conditions, unauthorised distribution is strictly prohibited.



Trafficking Ecstasy

Trafficking includes selling, supplying, possessing with intent to supply, or transporting MDMA. The classification of Commercial Quantity and Large Commercial Quantity indicates the scale of the operation, with penalties increasing based on the potential harm to the community.

The law categorises MDMA trafficking into three levels based on the amount of the drug possessed or distributed:

• For less than 5 kilograms, the maximum penalty is 10 years in prison and a fine of 1,000 penalty units.
• For 5 kilograms or more (commercial quantity), the maximum penalty is 25 years in prison and a fine of 2,500 penalty units.
• For 10 kilograms or more, (large commercial quantity), the maximum penalty is life imprisonment.

Final Thoughts

The ACT’s decision to decriminalise MDMA and other substances marks a significant shift in drug policy, moving away from punitive measures and toward a health-focused approach. This change reflects a growing recognition that harm reduction and medical intervention are more effective strategies for addressing substance use and mental health conditions.

Although MDMA remains illegal for recreational use, its potential as a treatment for post-traumatic stress disorder (PTSD) and treatment-resistant depression continues to drive scientific research and clinical trials. 

As drug laws continue to evolve, staying informed about the latest legal changes is essential. If you or someone you know is facing MDMA-related legal issues, seeking professional guidance from experienced drug offence lawyers can make a significant difference.

Andrew Byrnes Law Group offers expert legal advice and can help you through the complexities of ACT drug laws. Get in touch with us today for legal guidance you can trust.