What is prohibited in cannabis advertising?

Advertising for cannabis is prohibited under section 6 of the Cannabis Act (KCanG). This also applies to every form of sponsorship and to cannabis associations. The statutory text is brief and does not define the term advertising more closely. Whether a particular post falls under the ban must therefore be clarified in the individual case. This article explains what the wording covers, what consequences a breach can have and where the limits are unclear.

What the Act expressly prohibits

The wording of section 6 KCanG is clear: advertising and every form of sponsorship for cannabis and for cannabis associations are prohibited. The ban therefore covers both cannabis and cannabis associations. A cannabis association may therefore not advertise for itself, and the same applies to posts that present cannabis as an offer.

Sponsorship is prohibited too, in every form. The Act names no exceptions, for example for small events.

What a breach can lead to

Anyone who, intentionally or negligently, advertises for cannabis or for cannabis associations, or engages in sponsorship, contrary to section 6 commits an administrative offence (section 36(1) no. 5 KCanG). The administrative offence can be punished with a fine, the maximum amount of which is set out in section 36(2) KCanG. Whether a fine is imposed, and in what amount, is decided by the competent authority in each individual case.

What may count as advertising

The Act lists no examples. Typically, what is meant are advertisements, posters, posts on social networks and product images that encourage a purchase, membership or consumption. Whether a presentation falls under the ban depends on its purpose and context. A binding assessment in an individual case is given by the competent authority or by a lawyer.

The statutory text expressly exempts nothing, not even factual information. Anyone publishing content should therefore make sure that it neither calls for purchase, membership or consumption nor contains offers, discounts or invitations. In case of doubt, leave the post out or obtain legal advice beforehand.

Typical borderline cases

• A post that promotes a club's membership or dates can be advertising for a cannabis association.
• A variety description with taste, effects or strength can advertise a product.
• A photo that shows consumption as an attractive lifestyle can create an incentive.
• Discounts, competitions or referral schemes linked to cannabis or a club are particularly sensitive.

These examples show that the purpose and effect of a post can be decisive. They do not replace an examination of the individual case.

Social networks

On social networks, the boundaries quickly become unclear. A photo, a short comment or a shared link can be understood as a post for an offer. Even a note on where cannabis can be obtained, or praise for a particular variety, can be read as advertising. Anyone who publishes content themselves should therefore take particular care and, in case of doubt, obtain legal advice beforehand.

Signage at cannabis associations

For cannabis associations, section 23(2) KCanG contains an additional rule: they may not make their enclosed premises recognisable from outside through advertising signage or other conspicuous design elements. A factual statement of the name of the cannabis association at the entrance is permissible. A breach of this is also an administrative offence (section 36(1) no. 32 KCanG).

Neutral packaging when passing on

A requirement also applies to the passing on itself: cannabis associations may pass on cannabis and propagation material only in neutral packaging (section 21(2) KCanG). Designed, conspicuous packaging is therefore not intended. For the information leaflet, by contrast, certain details such as weight, variety and THC content are prescribed.

What this means for you

• If you want to publish something yourself, check beforehand whether the content contains a purchase incentive, an invitation to consume or a link to an offer. If it does, leave it out.
• For sponsorship requests in connection with cannabis or a club, clarify the legal position before you agree.
• If you see posts that promote cannabis, you can report them to the platform.
• For an assessment in an individual case, contact a lawyer.

Where to read further

An overview of the youth protection rules is in the article on youth protection under the KCanG. The duties that adults have beyond this are explained in the article on the duties of adults to protect children. The youth protection page summarises the services available.