Is Modafinil Legal In Australia?

Modafinil is listed as a Schedule 4 by the Therapeutic Goods Act (TGA) as a “Prescription Only Medication”. Therefore, it is illegal to sell, distribute, import or possess or possess Modafinil within Australia without a prescription. A supply or use that is not prescribed purchase, sale or purchase is subject to a substantial penalty in accordance with Australian laws.

What Is Modafinil?

Modafinil is a medication that is commonly used to treat narcolepsy – sleep disorder, as well as Attention deficit hyperactivity disorder (ADHD). It’s known for reducing sleepiness through the increase of neurotransmitters.


This medication isn’t able to cure the ailments it’s prescribed to treat however it can help you stay awake and focused for as long as it is active throughout the body. It is estimated that Modafinil also known as Smart Drug lasts in the body for between 10 and 22 hours. The variation in time is affected by the genetics of a person and also other medications taken along with Modafinil.


It’s categorized as both nootropic and eugeroic since it improves the quality of sleep and increases cognitive abilities. The drug acts on receptors in the brain to boost dopamine and norepinephrine levels in the brain. The buying modafinil online variants that are available on the market include ModaXL, Modvigil, Modalert, ArmodaXL, Modalit, and Modavinil.


While they’re designed to be prescriptions for sleeping disorders Off-label users also utilize them to boost their memory, improve productivity, improve focus, and decrease jet lag effects.


Modafinil along with its counterparts can be taken by mouth, in the amounts that are prescribed by a doctor or pharmacist.

Modafinil Negative Effects

While there is no evidence of long-term side effects associated with the use of Modafinil or its generic counterparts, they can cause adverse consequences. While the results may differ from person to person, Smart Drugs have potential health hazards. Patients who are taking Modafinil medications to help stay alert are more likely to have mental health issues.


Like all drugs, Modafinil has side effects that include:



Dry mouth


Chest pain




The Australian Therapeutic Goods Administration has been informing people of the dangers of taking nootropics that do not have a prescription.


Modafinil is available in online pharmacies as well as online vendors and the chemist shops. To prevent its misuse the government imposed restrictions by placing Modafinil into Schedule four substances. Because of the wakefulness effect of this drug, it’s susceptible to being misused not controlled by the regulatory authorities.

Is Modafinil Legal in Australia?

Can Modafinil be used legally in Australia? It is not legal to purchase Modafinil, sell it or use it within Australia on prescription. As a drug controlled by the border it’s a crime to export or import, try to import or have commercial quantities of the drug without a prescription. Importing more than prescription is also illegal.


A maximum fine for imports of prescription-only medicines without having a prescription is a $222,000 fine as stipulated in article 50 under the Customs Act 1901(Cth). It is the Australian Border Force is authorised by the Customs Act 1902 (Cth) to seize prohibited items if there is no proof of the prescription.


As per the Therapeutic Goods Administration (TGA) The TGA states that restricted drugs and medications susceptible to being used in a way that is harmful or misused must be reported at point of entry. Other medicines that are restricted included in this classification include strong pain medications such as cannabis, cannabis, and steroids.


Modafinil Australian was approved by FDA in 1988 for use in the treatment of sleep disorders like narcolepsy. This made it legal to make use of.


Modafinil is the original Modafinil as well as its generic counterparts aren’t in the first instance illegal in Australia. Modafinil can be purchased within Australia in small quantities for personal use, with prescription is legal. Additionally, there are mitigating circumstances if you are caught with Schedule 4 medications.


In accordance with the section 25(1) Drug Misuse and Trafficking Act (1985) NSW It is a crime to distribute banned drug in NSW. Australian Border Force Australian Border Force can intercept Modafinil drugs and should they not comply with the prescribed dosage or prescription is invalid, it will is declared illegal.

Penalties and Offenses: Using or purchasing controlled Drugs in the Australian Territories

As a controlled substance, Modafinil is listed under Schedule 4 as a only available on prescription, which is an offense to supply, sell or use it without a medical professional’s prescription in all Australian territories.


Within North South Wales (NSW) In North South Wales (NSW), In North South Wales (NSW), Schedule 4 drugs are classified under the heading of “restricted substances”. It is therefore illegal to possess a controlled substance or to acquire it without prescription. The possession of illegally obtained drugs in NSW can result in an amount of $2,200 fine or two years’ imprisonment or both. It’s also a crime for retailers or individuals to offer Modafinil Australia and it attracts the fine of $1600 or six months in prison.


In Queensland buying or possessing any drug listed in Schedule 4 under the Medicines and Poisons Act 2019 (QLD) without a valid prescription is a crime and is punishable by a maximum fine of $27,570. If you are caught providing Modafinil with no authorization from the law The maximum penalty is penalty of $68,925.


Within the Australian Capital Territory, Modafinil is a medicine that requires a prescription under the Medicines, Poisons and Therapeutic Goods Act 2008 (ACT). In accordance with Section 26 of the Act, it is an offense to be caught providing Modafinil without the prescription of a doctor. This can result in a maximum penalty of $80,000 or 5 years in prison or both. Possession of Modafinil is illegal and comes with an maximum penalty of 32,000 dollar fine and/or 2 years of imprisonment.


The Northern Territory, to sell or supply, or to possess Modafinil without a valid doctor’s prescription. Possessing or using Modafinil in the absence of a prescription could lead to the Maximum penalty of $15.700, or 12 months in prison. Supplying is a crime that is punishable to a maximum of $31,400.


To possess, sell or distribute Modafinil in South Australia is illegal as according to the Controlled Substances Act 1984 (SA) without a prescription. If you are found guilty of selling, supplying or selling, distributing Modafinil, or prescribing it without legally authorized authorization the maximum punishment is a fine of $10,000.


To sell, supply or have possession of Modafinil within Western Australia without proper authorisation is a crime as per subsection 14(1) as well as (4) in the Medicines and Poisons Act 2014 (WA). It carries a maximum fine of $45,000.


Tasmania is a state that criminalizes the supply of, possession, or use of Modafinil. Possessing Modafinil is unlawful according to section 36. It carries an maximum penalty of penalty of $6,850 or 2 years in prison. The crime of providing the sale or supply of Modafinil is punishable by the maximum penalty of $2,740 in accordance with section 26.

Sentencing Considerations If Found in Possession, Supplying or Selling Modafinil without a prescription

As per the Controlled Substances Act 1984 Section 44, a judge may look at the following aspects in determining the appropriate sentence for drug-related offenses that are prescribed;


The financial gain that is accrued through the commission of the crime

The motivation of the defendant when he or she committed accomplice of the crime

The offense occurred in a specified location or in close proximity to the school

Personal circumstances, such as the personal use by the person who was convicted


If you’re caught with selling or distributing any prohibited substance in Australia It’s possible to be fined and imprisoned. It could also be offered an Condition Release Order non-conviction, or an Community Correction Order or an Intensive Correction Order.

Prohibited Drug Possession Defenses

Anyone who is in possession an illegal drug such as Modafinil may be found not incriminated’ if the individual can demonstrate:


The patient was in possession of the medication due to a need or pressure

Was unaware of the presence of the drug he was carrying

The prosecution cannot show that the alleged drug is illegal in Australia

The drug was discovered as the result of an the illegal search or the arrest of the police

The drug/medicine was discovered in a common location by the police, and others who had entry point to the location.

What is a Prescription?

A prescription is a legal buy modafinil online that health professionals use to authorize an individual doctor, pharmacist or authorized seller to dispense the prescribed medicine. Without a prescription it’s unlawful to possess prescription-only medicines.


The primary purpose of prescription documents are to


Make sure a doctor assesses the health and requirements of the user

Discuss how the medicine is administered as well as the possible health dangers

Check for other medications that could create negative interactions

Choose the appropriate medication


When a pharmacist dispensing prescription-only medicines the legitimacy of the prescription needs to be verified. The legitimacy and identity of the prescriber, as well as who is who is presenting the prescription must be confirmed as authentic.


Because both the prescriber and pharmacist are equally accountable for the harms caused by prescriptions that are misleading and prescriptions that do not meet all of the requirements laid out in the prescription is crucial.


An order for Schedule 4 medicines is valid when it’s less than one calendar year from the date of the prescription’s issue.

Can a GP Prescribe Modafinil in Australia?

A General practitioner (general physician) is a doctor in Australia is a person who provides health-related advice, screening, vaccination, and prescribing medications that comprise Modafinil Antihistamines, antibiotics as well as antidepressants and anti-inflammatory drugs. General practitioners (GP) is an certified doctor who is certified to practice all aspects of general medicine. Before a general physician is able to prescribe Modafinil, they must:

Have completed the training and have been accredited for prescribing educational

You must be approved to prescribe RPBS as well as PBS in accordance with the National Health Act 1953

You must be registered with the National Board

Register to your Australian Health Practitioner Regulation Agency (AHPRA),

Affiliated with Australia’s Medical Board of Australia.


The supply, sale administration, sale, or possession of prescription-only medicines is governed through the Controlled substances (Poisons) Regulation 2011 and the Controlled Substances Act 1984.

Related Articles

Leave a Reply

Back to top button