Justice Reactivates Suspended Profile, Raising Doubts About Meta's Cannabis Policy Flexibility

Following a court decision that reactivated a suspended profile, attorney Clayton Medeiros points out doubts and uncertainties regarding Meta's policy flexibility for medicinal cannabis content.

Published on 07/25/2025

Cannabis nas redes: decisões judiciais reacendem debate sobre moderação de conteúdo

São Paulo Court of Justice (TJ-SP) ordered the reactivation of the NGO Santa Cannabis profile — with over 70,000 followers — suspended for two months without prior notice, clear justification, or the possibility of defense. Image: Canva Pro

The São Paulo Court of Justice (TJ-SP) ordered the reactivation of the profile of the NGO Santa Cannabis, 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 lawsuit. The TJ-SP considered the suspension "unilateral and arbitrary" and noted that Meta, the company controlling Facebook and Instagram, did not indicate which rule had been violated.

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

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

Attorney Clayton Medeiros, responsible for the appeal, highlighted that the decision creates an important precedent for other organizations affected by similar measures. “This decision shows that talking about the plant is a right guaranteed by the Constitution and by Supreme Court decisions that 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 Cura Association (ACCURA), which on April 1, 2025, also had its profile reactivated following a favorable decision by the TJ-SP. The account remained offline for almost five months.  

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

For Clayton Medeiros, also responsible for the action, episodes like ACCURA's are recurring. “The persecution suffered by ACCURA happens every day with various profiles that talk about the plant on social media.”

Moreover, accounts of media outlets/news, focused on providing information about cannabis-related facts, have also faced suspensions from Meta, even after the platform announced changes earlier this year.  

 

Meta's Guideline Changes

 

The relationship between Meta and content related to medicinal cannabis continues to generate insecurity among content creators, despite promises of flexibility. At the beginning of 2025, the company announced changes signaling greater openness to sensitive topics on social media. Still, the current scenario presents cases of restrictions, especially when the subject involves the medicinal use of cannabidiol (CBD) and other plant derivatives.

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

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

 

Automated Moderation Affects Patients and Activists

 

Although informational 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 follow these guidelines. This mismatch between policy and execution has sparked outrage among patients, health professionals, and sector activists.

In 2025, one of Meta's promises was to replace part of the outsourced fact-checking system with an internal mechanism based on "community notes." The company also announced it would begin lifting restrictions on topics like immigration and gender identity, prioritizing illegal or high-gravity content and promoting greater freedom of expression on the platforms. However, those who advocate or produce content about cannabis continue to face daily challenges.