Stuck in the Past: How “Tobacco Use Only” Laws Are Crippling Accessory Retailers

As the legal cannabis industry continues to evolve in Australia, there’s
one group of operators being quietly strangled by outdated regulation:
cannabis accessory retailers. Despite medical cannabis being legal across
the country and recreational use decriminalised in the ACT, anyone selling
bongs, dab rigs, grinders, vapes, or rolling papers must still register as
a tobacco retailer and comply with tobacco laws. The result? An entire
subset of the cannabis industry is being forced to operate under
legislation that was never designed for them.

I operate an online headshop in Australia called The Bong Baron, and every
day I’m faced with the absurd consequences of this legal mismatch. Our
customers are buying products used for cannabis – not tobacco – yet the law
insists we act as though we’re in the cigarette business.

After the death of my father several years ago due to lung cancer because
of long term tobacco use, it’s an industry I’ve never wanted to be
associated with. Yet, as a result of no appropriate legislation for
cannabis accessories, it is either considered drug paraphernalia and
completely illegal nationwide, or I and many others are forced to pretend
we are some kind of elaborate tobacco accessory store to operate under
tobacco legislation

The flaws in this approach are becoming more obvious – and more damaging –
by the day.

In July 2023, a sweeping ban on non-pharmaceutical vape products was
introduced. This included dry herb vaporisers, which are commonly used for
consuming prescribed medical cannabis. Despite having no nicotine, these
devices fell under the tobacco vaping ban. Overnight, they became
restricted to licensed pharmacies only. A product made for cannabis,
treated as a tobacco vape.

Coming this July, the same tobacco legislation is being extended to ban all
flavoured rolling papers, hemp wraps, and blunt wraps. Again, these are
cannabis-related products. They do not contain tobacco. Yet they’re being
swept up in laws that were written to reduce cigarette use.

And it gets more farcical.

After contacting the Australian Tobacco Advertising Board, I was told that
the RAW brand – a globally recognised cannabis accessories company – is
considered a tobacco product in its entirety. This doesn’t just apply to
rolling papers. It includes trays, grinders, even their packaging. To
remain compliant, I can’t even show an image of a RAW product on my website
without a tobacco warning label. Let that sink in: I’m being forced to
display a tobacco health warning on a rolling tray. Never in my life have I
seen a rolling tray, herb grinder or bong used for tobacco.

None of this regulation makes sense if your goal is to support legal
cannabis access. Worse, it actually impedes Australia’s efforts to
normalise and integrate medical cannabis into mainstream healthcare and
retail environments.

Retailers like myself are navigating inflated costs and restrictions due to
this misalignment. Payment processors treat cannabis-related businesses as
high-risk. Credit card fees are inflated. In some cases, our websites get
flagged or penalised for even mentioning certain words – not because of
illegal activity, but because we’re bundled in with tobacco or illicit drug
categories.

The root of all this is a failure of legislation to evolve with the reality
of cannabis in 2025. Cannabis is no longer a fringe substance – it’s
prescribed, normalised, and, in some regions, legal for adult use. Yet our
laws are still treating accessories like contraband.

We don’t need special treatment. We need appropriate regulation. A separate
classification for cannabis accessories – distinct from tobacco – would
immediately resolve most of these issues. It would allow for sensible
compliance, fairer business costs, and a better experience for consumers.

If the federal government is serious about supporting the legal cannabis
industry, then it needs to recognise that accessories are part of that
ecosystem. Forcing us to pretend we sell cigarettes is a disservice to
patients, consumers, and the businesses trying to serve them legally.

It’s time to stop treating cannabis accessories like tobacco.