The Cost of Non-Compliance in Australia’s Medicinal Cannabis Industry

Australia’s medicinal cannabis industry has experienced remarkable growth over the past decade. As the market matures, it’s important now more than ever for stakeholders to continue to prioritise regulatory compliance for both improved patient outcomes and safety.

Recent enforcement action by the Therapeutic Goods Administration (Therapeutic Goods Administration, 2026) demonstrates that businesses failing to comply with regulatory legislation face far more than financial penalties, with enforcement action potentially resulting in reputational damage, regulatory intervention, operational disruption and the loss of trust from patients, healthcare professionals and commercial partners.

Compliance Is More Than Avoiding Fines

With compliance being a top priority for medicinal cannabis businesses, solid frameworks are essential to underpin sustainable business growth. For medicinal cannabis businesses, compliance extends across:

  • Advertising and promotional activities

  • Therapeutic Goods Administration (TGA) requirements

  • Product claims and medical education

  • Healthcare practitioner engagement

  • Privacy and patient information

  • Distribution and wholesale

  • Pharmacovigilance and adverse event (AE) reporting

  • Internal governance and quality systems

Weaknesses in any of these areas can expose a business to significant risk.

The Real Cost of Non-Compliance

Financial Penalties

The TGA continues to actively investigate businesses promoting prescription-only medicinal cannabis to the public. In 2024, the regulator issued 35 infringement notices totalling more than $627,000 across multiple businesses for alleged unlawful advertising. The alleged breaches included:

  • Advertising prescription-only medicinal cannabis;

  • Making prohibited therapeutic claims;

  • Using indirect terms such as "plant medicine";

  • Promoting products directly to consumers; and

  • Implying TGA approval where none existed.

In 2025, another medicinal cannabis business received six infringement notices totalling $118,800, together with a direction to cease the alleged unlawful advertising. While these infringements impact a business’s bottom line, financial penalties are just the beginning. The true cost of non-compliance often lies in reputational damage.

Reputational Damage

Reputation is one of the most valuable assets in any industry. When compliance action becomes public; patients, prescribers, pharmacies, investors and commercial partners inevitably question whether they can trust the organisation. Rebuilding confidence often takes years—and may cost substantially more than implementing appropriate compliance systems in the first place.

Lost Commercial Opportunities

Non-compliant businesses frequently experience:

  • Delayed commercial partnerships;

  • Increased due diligence from investors;

  • Difficulties securing distribution agreements;

  • Slower patient adoption;

  • Increased legal costs; and

  • Management distraction during regulatory investigations.

These hidden costs often exceed the value of regulatory penalties.

Compliance Creates Competitive Advantage

The organisations that will succeed in Australia’s medicinal cannabis market over the next decade will be the businesses that build trust through:

  • Robust governance;

  • Compliant commercial strategies;

  • Evidence-based education;

  • Ethical engagement with healthcare professionals;

  • Operational excellence; and

  • Ongoing long-term regulatory compliance.

Strong compliance demonstrates professionalism and gives confidence to regulators, healthcare practitioners, investors and patients alike.

How EQWELLIBRIYUM Helps

At EQWELLIBRIYUM, we work alongside medicinal cannabis brands, clinics, wholesalers and healthcare organisations to help them grow confidently within Australia’s evolving regulatory environment.

Our team combines commercial expertise with practical industry knowledge to support businesses across:

  • Market entry strategy

  • Operational optimisation

  • Commercial growth

  • Sales forecasting & advice

  • Medical education

  • Marketing strategy

  • Wholesale and distribution

  • Industry partnerships

  • Regulatory compliant business development

Rather than treating compliance as an obstacle, we help organisations integrate compliance into commercial strategy—supporting sustainable growth while protecting their reputation. As regulatory scrutiny continues to increase, organisations that invest in compliance today will be better positioned to lead tomorrow.

Learn more about how EQWELLIBRIYUM can help your business navigate Australia’s medicinal cannabis market by contacting us directly at hello@eqwellibriyum.com

References

  1. Therapeutic Goods Administration (TGA). More than $600,000 in fines issued for alleged unlawful medicinal cannabis advertising (26 June 2024).

  2. Therapeutic Goods Administration (TGA). Infringement notices and directed to cease alleged unlawful advertising of medicinal cannabis (22 September 2025).

  3. Compliance actions and outcomes. Australian Government Department of Health and Aged Care.

  4. Therapeutic Goods Administration (TGA). Atlus, Mamamia and News Life Media face court for alleged unlawful advertising of medicinal cannabis (20 June 2025).

  5. Therapeutic Goods Administration. Medicinal Cannabis News and Updates.

  6. Federal Register of Legislation, Therapeutic Goods Act 1989.

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TGA Reporting for Medicinal Cannabis: What Every Business Needs to Know - Part One