Is Modafinil Legal in Australia?

What is Modafinil?

Modafinil is a drug used to treat narcolepsy, shift work sleep disorder, and sleep apnoea, among other sleep disorders.

Whilst it does not cure these disorders, it is effective as long as it remains in the body. Modafinil assists users in staying awake during the day.

The drug has recently grown in popularity, as part of a rising amount of ‘nootropics’ which are also known as ‘cognitive enhancers’.

Is Modafinil Same as Ritalin?

Scientifically, Modafinil and Ritalin are both generally used to treat ADHD and sleep disorders. Modafinil is usually approved for treating sleep disorders but can also be used to address ADHD. In comparison, Ritalin is generally approvedfor treating both ADHD and sleep disorders.

Ritalin is a Methylphenidate drug, being a stimulant medication creating a calming effect, increasing the ability to focus and stay awake. In comparison, Modafinil is a prescription eugeroic to assist people with sleeping disorders, but is also prescribed for depression and ADHD, which gives numerous nootropic effects to improve cognitive performance.

From a legal point of view, Ritalin is a methylphenidate considered a ‘type A’ drug of addiction and is a prohibited drug under schedule 1 of the Drug Misuse and Trafficking Act 1985 (NSW). Possessing Ritalin in New South Wales carries up to 2 years imprisonment and/or $2,200 fine. Selling Ritalin can carry significantly heavier penalties depending on the quantity of it. In comparison, Modafinil is a schedule 4 drug of the Poisons List and a ‘restricted substance’ under the Poisons and Therapeutic Goods Act 1966 (NSW) which prescribes up to 6 months imprisonment and/or $2,200 fine. It also carries up to $1,650 fine and/or 6 months gaol for illegally selling it.

Buy Modafinil Australia | Modafinil Online

There are a variety of online stores to buy Modafinil. These include Modafinil 4 Australia, Modafinil.com, Chemist Warehouse and Nootraplus. Chemistwarehouse sell it online ranging from $5.80 on concession to $101.39 for private prescription. Other online stores such as BuyModa.org are priced in the range from $69 to $449.

The price per pill ranges between $0.39 to $1.50.

Most stores provide free delivery across Australia, but you should always ensure there is a valid prescription to avoid criminal prosecution and penalties.

Modafinil Smart Drug

Such drugs are marketed online as a ‘smart’ or ‘study’ drugs to keep users alert and focused for long periods of time.

Users report effects of increased memory, alertness, and concentration.

Whilst modafinil is available in Australia, with a prescription, a growing number of online vendors market to individuals seeking such benefits.

How Long Does Modafinil Last?

Modafinil can last from 10 to 22 hours depending on your genetic features. This period will also be affected depending on what else you take along with the Modafinil. The drug gets metabolized in your liver and its inactive metabolites are excreted in your urine.

How long does Modafinil stay in your System?

Modafinil and its metabolites can be present at testable levels in your urine for up to thirty hours after taking the drug. This will depend on other various factors such as your metabolism, and genetics. Modafinil can be tested for in plasma, serum and urine.

Modafinil is not usually tested in routine drug screening tests. It is unlikely to cause false positives for other drugs such as amphetamines.

How Long Does Modafinil Take to Work?

Modafinil can generally take 30 to 60 minutes to take effect in your system after ingesting it. This time can vary on other factors from person to person. For example, it can take longer to take effect if taken with food or on a full stomach.

Can a GP Prescribe Modafinil in Australia?

Modafinil is classified as a schedule 4 drug according to the Poisons List under the Poisons and Therapeutic Goods Act 1966 (NSW), which means that a doctor’s prescription is required to possess, use, attempt to get it, or to sell it.

In New South Wales, possessing or trying to possess Modafinil carries up to $2,200 fine and/or 6 months jail.

Other than Pharmacies, it is a crime for retailers or individuals to sell it, carrying up to $1,650 fine and/or 6 months jail.

It is an offence to attempt to import this drug without a prescription. Section 50 of the Customs Act 1901 (Cth) prescribes over $200,000 fine.

Is ‘Modafinil’ legal in Australia?

However, it is important to note that modafinil is illegal to buy and import into Australia, without a prescription. Here is more on the offence of drug importation in Australia.

The Therapeutic Goods Administration warns individuals, that using nootropics such as modafinil without a prescription may be dangerous.

Side effects can include anxiety, headaches, chest pains, dizziness, and sleeplessness.

As research into nootropics is limited, there is a large amount of uncertainty about long-term side effects if used on an ongoing basis.

Is Modafinil a prescription drug? Modafinil is considered a ‘schedule 4’ prescription-only medicine, as per the Poisons Standard.

Any imports which are not supported by a valid prescription, or which are in excess of a prescribed amount, may be assessed by the TGA to be unlawful under the Therapeutic Goods Act 1989 (Cth).

The products can thus be seized as prohibited imports under the Customs Act 1901 (Cth).

The Australia Border Force is able to intercept and hold packages and may request for a valid prescription to be presented.

Importing, attempting to import, and possessing modafinil, without a prescription, classifies it as a ‘prohibited import’.

A maximum penalty of a $222,000 fine is applicable, as per section 50 of the Customs Act 1901 (Cth).

Consumers with a prescription are able to legally import modafinil from overseas, in accordance with the Therapeutic Goods Administration (TGA) Personal Importation Scheme.

Under the scheme, patients can order a maximum of three months’ supply at one time and a maximum of 15 months’ supply in a 12-month period, for personal use.

Alternatively, patients with valid prescriptions may of course gain the products from Australian pharmacies.

How to Get Prescribed Modafinil in Australia? You can get a prescription for Modafinil from a doctor. If intending to import it, you must have a prescription which will usually be limited as to the quantity you can import.

See below for a summary of the laws across the country.

Is Modafinil Legal in New South Wales?

In NSW, substances contained within Schedule 4 of the Poisons List are considered ‘restricted substances’ pursuant to Poisons and Therapeutic Goods Act 1966 (NSW).

It is an offence to attempt to obtain, or have a restricted substance, such as modafinil, in one’s possession without a prescription.

The maximum penalty is a $2,200 fine and/or 6 months imprisonment, pursuant to section 16.

It is illegal for retailers or individuals to sell modafinil, other than pharmacies, as per section 9.

A maximum penalty of a $1,650 fine and/or 6 months imprisonment is applicable.

Here is more on drug possession offences in NSW.

Is Modafinil Legal in Victoria?

In Victoria, it is illegal to sell, possess or use modafinil without a prescription.

Substances contacted within Schedule 4 of the Poisons List are considered a ‘poison or controlled substance’, as outlined in the Drugs, Poisons and Controlled Substances Act 1981 (VIC).

It is an offence to possess modafinil, without authorization such as a prescription, pursuant to section 36B(2).

A maximum penalty of $1,817.40 is applicable.

The Drugs, Poisons and Controlled Substances Regulations 2017 (VIC) prohibits the sale of ‘poisons or controlled substances’ without authorisation.

A maximum penalty of a $18,174 fine is applicable.

Is Modafinil Legal in Queensland?

In Queensland, it is prohibited to purchase and possess modafinil without a prescription, or to sell or supply it, without lawful authority.

Substances contacted within Schedule 4 of the Poisons List are considered a ‘s4 medicine’ as outlined in the Medicines and Poisons Act 2019 (QLD).

A person who buys or possesses modafinil, without a prescription or reasonable excuse, faces a maximum penalty of a $27,570 fine, pursuant to section 34.

As per section 35, it is an offence to supply modafinil, without authorisation or a reasonable excuse.

A maximum penalty of a $68,925 fine is applicable, as outlined in section 35.

Is Modafinil Legal in the Australian Capital Territory (ACT)?

It is illegal to purchase, sell and possess modafinil, in the ACT, without a prescription or lawful authority.

Schedule 4 substances are considered ‘prescription only medicines’ or ‘declared substances’, as per the Medicines, Poisons and Therapeutic Goods Act 2008 (ACT).

Supplying modafinil, without authorisation, carries a maximum penalty of an $80,000 fine and/or 5 years imprisonment, pursuant to section 26.

A maximum penalty of a $405,000 fine is applicable for a corporation.

Possessing modafinil, without a prescription, carries a maximum penalty of a $32,000 fine and/or 2 years imprisonment, as per section 36.

Is Modafinil Legal in South Australia?

In South Australia, it is illegal to sell modafinil, without a prescription, as outlined in the Controlled Substances Act 1984 (SA).

A maximum penalty of $10,000 applies for those who use, sell, supply, prescribe, or purchase modafinil, without proper authorisation, as per section 27.

Is Modafinil Legal in Western Australia?

In Western Australia, it is illegal to sell, supply or possess modafinil, without a doctor’s prescription.

As per section 14(1) of the Medicines and Poisons Act 2014 (WA), a person commits an offence if they supply modafinil, without authorisation.

Section 14(4) criminalises possession, without proper authorisation, such as a prescription.

A maximum penalty of a $45,000 fine is applicable to these offences, as per section 115.

Is Modafinil Legal in Northern Territory?

In the Northern Territory, it is illegal to sell, supply or possess modafinil, without a doctor’s prescription.

Using or possessing modafinil, without a doctor’s prescription, carries a maximum penalty of a $15,700 fine or 12 months imprisonment, as per section 39 of the Medicines, Poisons and Therapeutic Goods Act 2012 (NT).

Supplying modafinil, without registration as a pharmacy, carries a maximum penalty of a $31,400 fine or 2-years imprisonment, as per section 40.

Is Modafinil Legal in Tasmania?

In Tasmania, schedule 4 substances, such as modafinil, are referred to as ‘restricted substances’ as per the Poisons Act 1971 (TAS).

It is illegal to have modafinil in ones’ possession, without a prescription, as outlined in section 36.

A maximum penalty of a $6,850 fine or 2-years imprisonment is applicable.

Unless authorised, a person or retailer who sells or supplies modafinil faces a maximum penalty of a $2,740 fine, pursuant to section 26.

Modafinil Drug Test Australia

In Australia, Modafinil is not normally tested in people. But before knowing more about drug testing for Modafinil, it is equally important to understand a bit about the science behind it.

Modafinil can be traced in the blood or urine. This drug is essentially metabolised into two inactive products that are excreted in the urine, namely, Modafinil Acid and Modafinil Sulfone. It has a half-life of up to 15 hours. This means that it takes about 15 hours for it to be reduced by 50%. The body then processes it the same between doses of 200mg and 800mg.

Does Modafinil Show up in Drug Tests?

Modafinil can certainly show up in a drug test but is not normally the subject of routine drug tests. Modafinil can remain in your body after its consumption for up to 22 hours. However, its metabolites can be detected in the urine for up to 30 hours after consumption. It can also be tested for in serum and plasma.

As it is metabolised in the liver, its inactive metabolites are excreted in the urine. How long it is detectible in the body depends on genes and whether it was consumed with other food.

Blood tests can detect the drug for up to 12 hours from consumption. It is the most accurate type of test, but is a more expensive and time consuming type of test.

Modafinil is measured at a concentration as low as 2 ng/ml.

What Does Modafinil Show up as on a Drug Test?

Depending on how long it has been since taking Modafinil, doing a drug test specifically for this drug  will give a result of positive or negative. Generally, there is a greater chance of the test coming back as negative for Modafinil if the test takes place at least 80 hours after taking the drug. There is an even greater chance of it coming back as negative if the test is done a week later.

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