Justice reactivates suspended profile and raises doubts about Meta's rules flexibilization for cannabis

The Court of Justice of São Paulo (TJ-SP) determined the reactivation of the NGO Santa Cannabis profile, which had been suspended for two months on social media. The page, with over 70,000 followers, was taken down without prior notice, formal justification, or the possibility of defense, according to the process. The TJ-SP considered the suspension 'unilateral and arbitrary' and emphasized that Meta, the company that controls Facebook and Instagram, did not indicate which rule had been violated.

In the decision, the Justice recognized that Santa Cannabis operates with judicial support and uses Instagram as a means to disseminate technical information about the medicinal use of the plant, in accordance with Brazilian legislation and Anvisa's regulations. According to the institution's president, Pedro Sabaciauskis, the profile takedown constitutes an attack on patients' rights.

'Our work is technical, supported by healthcare professionals. Silencing this debate is an attack on freedom of expression and the right to information,' he said.

Lawyer Clayton Medeiros, responsible for the appeal, highlighted that the decision sets an important precedent for other organizations affected by similar measures. 'This decision shows that discussing the plant is a right guaranteed by the Constitution and by Supreme Court decisions that have allowed marijuana marches in Brazil. The drug policy debate cannot be censored by big techs.'

More accounts taken down by Meta

Another recent case involved the Cannabis Healing Association (ACCURA), which also had its profile reactivated after a favorable decision by the TJ-SP on April 1, 2025. The account remained offline for almost five months.

The responsible judge acknowledged that the profile exclusively dealt with medicinal cannabis, without promoting illegal products or commerce, and therefore did not violate the platform's rules.

According to Clayton Medeiros, also responsible for the action, episodes like ACCURA's are common. 'The persecution suffered by ACCURA happens every day to various profiles that discuss the plant on social media.'

In addition, accounts of news/media outlets, focused on providing information about cannabis-related facts, also faced suspensions by Meta, even after the platform announced changes earlier in the year.

Meta's guideline changes

The relationship between Meta and content related to medicinal cannabis continues to generate uncertainty among content creators, even after promises of flexibilization. In early 2025, the company announced changes signaling greater openness to sensitive topics on social media. However, the current scenario still presents cases of restrictions, especially when the subject involves the medicinal use of cannabidiol (CBD) and other plant derivatives.

According to guidelines published by Meta itself, in July 2023, only ads with CBD products without tetrahydrocannabinol (THC) are allowed — exclusively in the United States — provided that the advertiser has prior authorization from the platform and certification from LegitScript, a compliance specialized company. Products with more than 0.3% THC remain prohibited, regardless of the country or purpose.

Furthermore, any medical or therapeutic claims in ads are prohibited, and the content cannot be directed at individuals under 18 years old. The platform also prohibits the promotion of any product considered psychoactive or potentially dangerous, based on automated detection technologies.

Automated moderation affects patients and activists

Although informative content about the medicinal use of cannabis is theoretically allowed, as long as it does not involve offering or selling, in practice, moderation continues to penalize pages, profiles, and posts that comply with these guidelines. This discrepancy between the rule and enforcement has sparked outrage among patients, healthcare professionals, and sector activists.

In 2025, one of Meta's promises was to replace part of the third-party fact-checking system with an internal mechanism based on 'community notes.' The company also announced that it would lift restrictions on topics such as immigration and gender identity, prioritizing illegal or high-severity content and promoting greater freedom of expression on the platforms. However, those advocating or producing content about cannabis still face daily challenges.