Advertising Medicinal Cannabis Businesses in Australia: Navigating TGA and AHPRA Guidelines
Consumer facing medicinal cannabis businesses such as brands and clinics in Australia operate under some of the strictest advertising guidelines in healthcare. Unlike other health services, such clinics have to comply with two sets of regulations:
The Therapeutic Goods Administration (TGA) rules for therapeutic goods, and
AHPRA/National Boards requirements for advertising health services
Understanding the overlap between these frameworks is essential for any clinic looking to build awareness while staying compliant.
TGA Guidelines: Medicinal Cannabis Advertising
The TGA makes it clear that prescription medicines, including medicinal cannabis, cannot be advertised to the public. This restriction exists because all medicinal cannabis products are prescription-only - Schedule 4 or Schedule 8 - and often accessed through SAS-B or AP pathways (for more information, read our blog post on patient access pathways here). Any material that a reasonable consumer might interpret as promoting the use of medicinal cannabis is considered advertising under the Therapeutic Goods Act. This definition is very broad: it covers words, images, logos, hashtags, and even the overall impression of your website or social media content.
Examples likely to be considered unlawful in public-facing materials:
Naming “medicinal cannabis” (or relevant identifiable or specifically related terms including specific cannabinoids and/or terminology commonly related to cannabis) in service lists, menus, forms, drop-downs, eligibility checkers, or hashtags.
Using a business name or logo that contains cannabis terms/imagery so that a reasonable consumer sees your clinic as a pathway to obtaining cannabis.
Listing medical conditions that cannabis may help, or that are approved under SAS - this is treated as advertising a prescription medicine.
Publishing or amplifying testimonials/endorsements about medicinal cannabis.
Claiming or implying government/TGA approval (e.g., “TGA approved,” “on the ARTG,” using the Commonwealth Coat of Arms/TGA logo).
Furthermore, linking out to third-party pages that promote medicinal cannabis can render your own page an unlawful ad.
AHPRA Guidelines
Alongside TGA guidelines, AHPRA also requires that all advertising of regulated health services be factual, accurate, and not misleading. While clinics can promote their services and brands can promote their products, they must not guarantee outcomes, use emotive or misleading language, or create unrealistic expectations. For example, for a clinic it is acceptable to say that your clinic offers consultations with qualified health professionals to assess treatment options. However, it is not acceptable to state or imply that a patient will be eligible for medicinal cannabis or that such treatment will improve specific conditions. Importantly, AHPRA also prohibits the use of patient testimonials in advertising health services.
For clinics, a safe approach is to focus on advertising the availability of qualified practitioners, the consultation process, and the broader scope of care offered, without referring to medicinal cannabis directly — including not using terminology that the TGA has banned including plant medicine.
Patient-facing communications should emphasise the professional and evidence-based nature of the service while clearly stating that treatment decisions are made by a prescribing doctor after assessing individual circumstances.
As it relates to product brands and clinic providers, educational content can still be valuable, but it should be delivered in a balanced way, avoiding promotional claims and ensuring compliance with both regulators’ expectations. For education specifically targeting health care professionals and prescribers, these should be secured through a password protected page.
If you wish to read the TGA and AHPRA guidelines yourself, please access the links below:
Learn More
EQWELLIBRIYUM offers end-to-end consulting for organisations navigating the medicinal cannabis market in Australia. With strategic insights and operational frameworks are designed to help you thrive, we’re here to help you. Learn more by contacting us today at hello@eqwellibriyum.com.
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Disclaimer
This article is for educational purposes only and does not constitute legal advice. For guidance specific to your circumstances, you should seek professional legal advice and / or contact the Therapeutic Goods Administration (TGA) and AHPRA.
Reference List
Therapeutic Goods Administration (TGA). Advertising medicinal cannabis products (2024). Available at: https://www.tga.gov.au/resources/publication/publications/advertising-medicinal-cannabis-products
Therapeutic Goods Administration (TGA). Therapeutic Goods Advertising Code 2021. Available at: https://www.tga.gov.au/resources/resource/guidance/therapeutic-goods-advertising-code-2021-guidance
Ahpra. Guidelines for advertising a regulated health service (2024). Available at: https://www.ahpra.gov.au/Publications/Advertising-resources/Legislation-guidelines.aspx
Therapeutic Goods Administration (TGA). Prescription medicine advertising rules. Available at: https://www.tga.gov.au/resources/resource/guidance/prescription-medicine-advertising