Cannabis Advertising Laws: A Guide for Business Owners and Marketing Professionals
Navigating the complex restrictions of cannabis advertising and marketing is complicated. State regulatory agencies set a range of complex regulations at the state level and you need a strong partner to help you follow existing cannabis advertising laws.
These burdensome regulations complicate the lives of cannabis marketers and dispensary owners like you. To advertise your dispensary and cannabis products, you must deal with regulations which aren’t imposed on similar product categories such as the alcohol industry. There is also a high risk of unintentional violations due the industry's complex network of restrictions. It's essential to work with cannabis industry experts to avoid getting lost in the maze of regulatory restrictions.
Understanding Cannabis Advertising Laws
As you plan to advertise your dispensary and cannabis products, it is imperative to understand and be familiar with cannabis advertising laws by state. With the industry's evolving and complicated regulations, compliance is paramount to avoid fines and legal repercussions. Adhering to these laws provides your cannabis business security in knowing you won’t incur burdensome fines or punishments. By staying informed about the cannabis advertising laws, you can effectively market your cannabis business, mitigate risks, and ensure long-term success.
State-By-State Cannabis Marketing Regulations
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Link to Arizona Cannabis Advertising Regulation
An advertising platform may host advertising only if all of the following apply:The advertising is authorized by a marijuana establishment or nonprofit medical marijuana dispensary.
The advertising accurately and legibly identifies the marijuana establishment or nonprofit medical marijuana dispensary responsible for the content of the advertising by name and license number or registration number.
Any advertising under this chapter involving direct, individualized communication or dialogue shall use a method of age affirmation to verify that the recipient is twenty-one years of age or older before engaging in that communication or dialogue.
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Link to California Cannabis Advertising Regulations
All ads must list the licensee's license number.
Any advertising or marketing placed in broadcast, cable, radio, print, and digital communications shall only be displayed where at least 71.6 percent of the audience is reasonably expected to be 21 years of age or older, as determined by reliable, up-to-date audience composition data.
Any advertising or marketing involving direct, individualized communication or dialogue controlled by the licensee shall utilize a method of age affirmation to verify that the recipient is 21 years of age or older before engaging in that communication or dialogue controlled by the licensee.
All advertising shall be truthful and appropriately substantiated.
A licensee shall not do any of the following:
Advertise or market in a manner that is false
Publish advertising containing any statement concerning a brand or product that is inconsistent with any statement on the labeling thereof.
Publish advertising containing any representation which tends to create the impression that the cannabis originated in a particular region
Advertise or market on a billboard or similar advertising device located on an Interstate Highway or on a State Highway which crosses the California border.
Advertise or market cannabis or cannabis products in a manner intended to encourage persons under 21 years of age to consume cannabis or cannabis products.
Advertise or market cannabis or cannabis products on an advertising sign within 1,000 feet of schools
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Link to Colorado Cannabis Advertising Regulations
A dispensary shall not engage in advertising that is deceptive, false, or misleading.
A dispensary shall not utilize television, radio, print or internet advertising unless the dispensary has reliable evidence that no more than 30 percent of the audience for the program on which the Advertising is to air is reasonably expected to be under the age of 21.
No dispensary may engage in Advertising that asserts its products are safe.
No advertising content that targets or appeals to minors
A dispensary shall not engage in advertising via marketing directed towards location-based devices, including but not limited to cellular phones, unless the marketing is a mobile device application installed on the device by the owner of the device who is 21 years of age or older and includes a permanent and easy opt-out feature.
A dispensary shall not utilize unsolicited pop-up advertising on the internet.
A dispensary may sponsor a charitable, sports, or similar event, but has to have reliable evidence that no more than 30 percent of the audience at the event and/or viewing advertising in connection with the event is reasonably expected to be under the age of 21.
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Link to Connecticut Cannabis Advertising Regulations
A dispensary can not appeal to children.
A dispensary can not make health claims
A dispensary can not advertise within 500 feet of a school.
The establishments also cannot advertise:
1. On or in public or private vehicles or at bus stops, taxi stands, transportation waiting areas, train stations, airports, or other similar transportation venues.
2. On billboards within 1,500 feet of elementary or secondary school grounds, houses of worship, recreation centers or facilities, child care centers, playgrounds, public parks, or libraries, or on billboards between 6:00 a.m. and 11:00 p.m.
3. By television, radio, internet, mobile applications, social media, other electronic communication, billboard or other outdoor signage, or print publication unless the establishment has reliable evidence that at least 90% of the advertisement’s audience is reasonably expected to be age 21 or older.
4. Through location-based devices, including cellphones, unless the marketing is a mobile device application that the owner, who is age 21 or older, installed on the phone and includes a permanent and easy opt-out feature and warnings that cannabis use is restricted to those age 21 and older.
Finally, these establishments are prohibited from:
1. Sponsoring charitable, sports, musical, artistic, cultural, social, or other similar events or advertising at or in connection with these events, without reliable evidence that not more than 10% of the audience is expected to be under age 21.
2. Displaying or advertising the word “dispensary” or any other words, displays, or symbols indicating the store, shop, or business place is a dispensary unless it is a dispensary facility or hybrid retailer.
3. Displaying or advertising the words “drug store,” “pharmacy,” “apothecary,” “drug,” “drugs,” or “medicine shop,” or any combination of these terms or other words, displays, or symbols indicating that the business is a pharmacy.
4. Displaying cannabis, cannabis products, or any image or other visual representation of the cannabis plant or part of it, including the leaf, that are clearly visible to someone outside of the facility used to operate the cannabis establishment.
5. Displaying signs or other printed material advertising any brand or any kind of cannabis or cannabis product on the outside of the facility used to operate the cannabis establishment.
6. Operating any website advertising or depicting cannabis unless the website verifies the entrants or users are age 21 or older.
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Link to Delaware Cannabis Advertising Regulations
Restrictions on the advertising, marketing, and signage of marijuana and marijuana products, including a prohibition on mass-market campaigns that have a high likelihood of reaching minors.
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Link to Florida Cannabis Advertising Regulations
A medical marijuana treatment center may not engage in advertising that is visible to members of the public from any street, sidewalk, park, or other public place, except:
A medical marijuana treatment center may engage in Internet advertising and marketing under the following conditions:
a. All advertisements must be approved by the department.
b. An advertisement may not have any content that is attractive to children or which promotes the recreational use of marijuana.
c. An advertisement may not be an unsolicited pop-up advertisement.
d. Opt-in marketing must include an easy and permanent opt-out feature.
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Link to Georgia Cannabis Advertising Regulations
No dispensing licensee shall advertise or market product in final packaged form to patients, caregivers, or the public.
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Link to Hawaii Cannabis Advertising Regulations
A dispensary licensee shall not engage in advertising in any media.
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Link to Illinois Cannabis Advertising Regulations
No cannabis business establishment nor any other person or entity shall engage in advertising that contains any statement or illustration that:
(1) is false or misleading;
(2) promotes overconsumption of cannabis or cannabis products;
(3) depicts the actual consumption of cannabis or cannabis products;
(4) depicts a person under 21 years of age consuming cannabis;
(5) makes any health, medicinal, or therapeutic claims about cannabis or cannabis-infused products;
(6) includes the image of a cannabis leaf or bud; or
(7) includes any image designed or likely to appeal to minors, including cartoons, toys, animals, or children, or any other likeness to images, characters, or phrases that is designed in any manner to be appealing to or encourage consumption by persons under 21 years of age.
No cannabis business shall advertise:
(1) within 1,000 feet of the perimeter of school grounds
(2) on or in a public transit vehicle or public transit shelter;
(3) on or in publicly owned or publicly operated property
(4) or that contains information that:
(A) is false or misleading;
(B) promotes excessive consumption;
(C) depicts a person under 21 years of age consuming cannabis;
(D) includes the image of a cannabis leaf;
(E) or includes any image appeals to children or that promotes consumption of cannabis.
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Link to Iowa Cannabis Advertising Regulations
Permitted marketing and advertising activities.
a. A dispensary may:
(1) Display the dispensary's business name and logo on labels, signs, website, and informational material provided to patients. The name or logo shall not include:
1. Images of cannabis or cannabis-use paraphernalia;
2. Colloquial references to cannabis;
3. Names of cannabis plant strains or varieties;
4. Unsubstantiated medical claims; or
5. Medical symbols that bear a reasonable resemblance to established medical associations. Examples of established medical organizations include the American Medical Association or American Academy of Pediatrics. The use of medical symbols is subject to approval by the department.
(2) Display signs on the dispensary.
(3) Maintain a business website that contains the following information: The dispensary's name and contact information, the medical cannabidiol forms and quantities provided, medical cannabidiol pricing, hours of operation, and other information as approved by the department.
b. The business website shall not include any false statements.
c. The department reserves the right to review a dispensary's marketing and advertising materials and to require a dispensary to make changes to the content. The department has 30 calendar days following submission to approve or deny marketing and advertising materials of a dispensary.
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Link to Louisiana Cannabis Advertising Regulations
Advertisement by cannabis retailers; limitations; certain advertising prohibited
(1) No cannabis retailer shall advertise through any means other than a single internet website and signage at its premises.
(2) Retailers are specifically prohibited from advertising through public media including, without limitation, newspapers, billboards, television, radio, social media, and internet advertising on any website.
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Link to Maine Cannabis Advertising Regulations
Prohibitions. Signs, advertising and marketing used by or on behalf of a registered caregiver or dispensary may not:
A. Be misleading, deceptive or false.
B. Involve mass-market advertising or marketing campaigns that have a high likelihood of reaching persons under 21 years of age or that are specifically designed to appeal particularly to persons under 21 years of age.
C. Be placed or otherwise used within 1,000 feet of the property line of a preexisting public or private school, except that, if a municipality chooses to prohibit the placement or use of signs or advertising by or on behalf of a registered caregiver or dispensary at distances greater than or less than 1,000 feet but not less than 500 feet from the property line of a preexisting public or private school, that greater or lesser distance applies.
D. Violate any other requirement or restriction on signs, advertising and marketing imposed by the department by rule pursuant to subsection 2.
E. Market to any person authorized to possess marijuana plants or harvested marijuana under this chapter and specifically to any adult use or recreational marijuana market within the same sign, advertisement or marketing material.
Rules on signs, advertising and marketing. The department shall adopt rules regarding the placement and use of signs, advertising and marketing by or on behalf of a registered caregiver or dispensary, which may include, but are not limited to:
A. A prohibition on health or physical benefit claims in advertising or marketing, including, but not limited to, health or physical benefit claims on the label or packaging of harvested marijuana;
B. A prohibition on unsolicited advertising or marketing on the Internet, including, but not limited to, banner advertisements on mass-market websites;
C. A prohibition on opt-in advertising or marketing that does not permit an easy and permanent opt-out feature; and
D. A prohibition on advertising or marketing directed toward location-based devices, including, but not limited to, cellular telephones, unless the marketing is a mobile device application installed on the device by the owner of the device who is 21 years of age or older and includes a permanent and easy opt-out feature.
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Link to Maryland Cannabis Advertising Regulations
Medical Claims
A cannabis advertisement may not include any medical or therapeutic claims unless it:
1. Is supported by competent and reliable scientific evidence (e.g., two or more blinded, well-controlled clinical trials) and
2. Includes information on the most serious and significant side effects or risks associated with the use of cannabis.
All Advertisements A cannabis licensee, product, or service may not:
● Make false or misleading claims,
● Directly or indirectly target individuals under the age of 21 years.
● Contain a design, illustration, picture, or representation that:
a. targets or is attractive to minors, including a cartoon character, mascot, or any other depiction that is commonly used to market products to minors.
b. displays the use of cannabis (smoking, vaping, or consuming).
c. encourages or promotes cannabis for use as an intoxicant.
d. is obscene Signs, Billboards, and Other Graphic Displays
An advertisement for a cannabis licensee, cannabis product, or cannabis-related service may not be placed on the side of a building or any other publicly visible location.
Audience Composition
A cannabis advertisement may not be placed on television, radio, internet, mobile application, social media, or other electronic communication or print publication unless at least 85% of the audience is reasonably expected to be at least 21 years old as determined by reliable and current audience composition data. MCA may require a licensed business advertising, or seeking to advertise, in any of these media formats submit audience composition data in order to confirm any advertisement complies with this statutory requirement.
Social Media
Any advertisement must include a notification that an individual must be at least 21 years old to view the content.
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Link to Massachusetts Cannabis Advertising Regulations
The following Advertising activities are prohibited:
1. Advertising in such a manner that is deemed to be is deceptive, misleading, false or fraudulent, or that tends to deceive or create a misleading impression, whether directly or by omission or ambiguity.
2. Advertising by means of television, radio, internet, mobile applications, social media, or other electronic communication, billboard or other outdoor Advertising, or print publication, unless at least 85% of the audience is reasonably expected to be 21 years of age or older as determined by reliable and current audience composition data.
3. Advertising that utilizes statements, designs, representations, pictures or illustrations that portray anyone younger than 21 years old.
4. Advertising including, but not limited to, mascots, cartoons, and celebrity endorsements, that is deemed to appeal to a person younger than 21 years old.
5. Brand sponsorship including, but not limited to, mascots, cartoons, and celebrity endorsements, that is deemed to appeal to a person younger than 21 years old.
6. Advertising, including statements by a Licensee, that makes any false or statements concerning other Licensees and the conduct and products of such other Licensees that is deceptive, misleading, false or fraudulent, or that tends to deceive or create a misleading impression, whether directly or by omission or ambiguity.
7. Advertising by a Licensee that asserts that its products are safe, or represent that its products have curative or therapeutic effects, other than labeling required, unless supported by substantial evidence or substantial clinical data with reasonable scientific rigor as determined by the Commission.
8. Advertising on any billboards, or any other public signage, which fails to comply with all state and local ordinances and requirements.
9. Use of any illuminated or external signage beyond the period of 30 minutes before sundown until closing; provided, however, that the Commission may further specify minimum signage requirements.
10. The use of vehicles equipped with radio or loudspeakers for the Advertising of Marijuana or Marijuana Products.
11. The use of radio or loudspeaker equipment in any Marijuana Establishment for the purpose of Advertising the sale of Marijuana or Marijuana Products.
12. Brand Name Sponsorship of a charitable, sporting or similar event, unless such Advertising is targeted to entrants or participants reasonably expected to be 21 years of age or older, as determined by reliable, current audience composition data, and reasonable safeguards have been employed to prohibit Advertising from targeting or otherwise reaching entrants or participants reasonably expected to be under 21 years of age, as determined by reliable, current audience composition data.
13. Operation of any website of a Marijuana Establishment that fails to verify that the entrant is 21 years of age or older.
14. Any Advertising, including the use of Brand Names, of an improper or objectionable nature including, but not limited to, the use of language or images offensive or disparaging to certain groups.
15. Any Advertising, solely for the promotion of Marijuana or Marijuana Products on Marijuana Establishment Branded Goods including, but not limited to, clothing, cups, drink holders, apparel accessories, electronic equipment or accessories, sporting equipment, novelty items and similar portable promotional items.
16. Advertising on or in public or private vehicles and at bus stops, taxi stands, transportation waiting areas, train stations, airports, or other similar transportation venues including, but not limited to, vinyl-wrapped vehicles or signs or logos on transportation vehicles not owned by the Marijuana Establishment.
17. The display of signs or other printed material Advertising any brand or any kind of Marijuana or Marijuana Products that are displayed on the exterior of any licensed Premises.
18. Advertising of the price of Marijuana or Marijuana Products, except as permitted above.
19. Display of Marijuana or Marijuana Products so as to be clearly visible to a person from the exterior of a Marijuana Establishment.
20. Advertising through the marketing of free promotional items including, but not limited to, gifts, giveaways, discounts, points-based reward systems, customer loyalty programs, coupons, and "free" or "donated" Marijuana, except as otherwise permitted by 935 CMR 500.105(4)(a)9.
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Link to Michigan Cannabis Advertising Regulations
(1) A marihuana product may only be advertised or marketed in compliance with all applicable municipal ordinances, state law, and these rules that regulate signs and advertising.
(2) A licensee may not advertise a marihuana product in a way that is deceptive, false, or misleading, or make any deceptive, false, or misleading assertions or statements on any marihuana product, sign, or document provided.
(3) Marihuana product marketing, advertising, packaging, and labeling must not contain any claim related to health or health benefits, unless a qualified health claim has received and complies with a Letter of Enforcement Discretion issued by the United States Food and Drug Administration (FDA), or the health claim has been approved under the significant scientific agreement standard by the FDA.
(4) A marihuana product must not be advertised or marketed to members of the public unless the person advertising the product has reliable evidence that no more than 30% of the audience or readership for the television program, radio program, internet website, or print publication, is reasonably expected to be under the age listed in subrules (7) and (8) of this rule. Any marihuana product advertised or marketed must include the warnings listed in R 420.504(1)(k).
(5) A person receiving reasonable payment under a licensing agreement or contract approved by the agency concerning the licensing of intellectual property, including, but not limited to, brands and recipes, is responsible for any marketing or advertising undertaken by either party to the agreement.
(6) A marihuana product marketed or advertised under the MMFLA must be marketed or advertised as "medical marihuana" for use only by registered qualifying patients or registered primary caregivers.
(7) A marihuana product marketed or advertised under the MMFLA must not be marketed or advertised to minors aged 17 years or younger. Sponsorships targeting individuals aged 17 years or younger are prohibited.
(8) A marihuana product marketed or advertised under the MRTMA must be marketed or advertised as "marihuana" for use only by individuals 21 years of age or older.
(9) A marihuana product marketed or advertised under the MRTMA must not be marketed or advertised to individuals under 21 years of age. Sponsorships targeting individuals under 21 years of age are prohibited.
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Link to Minnesota Cannabis Advertising Regulations
1.Limitations applicable to all advertisements.
Cannabis businesses shall not advertise in a manner which:
(1) contains false or misleading statements;
(2) contains unverified claims about the health benefits;
(3) promotes the overconsumption of cannabis;
(4) depicts a person under 21 years of age consuming cannabis;
(5) appeals to children;
(6) does not contain a warning as specified by the office regarding impairment and health risks.
2.Outdoor advertisements; cannabis business signs.
(a) Outdoor advertisement of a cannabis business is prohibited.
3.Audience under 21 years of age.
A cannabis business shall not publish an advertisement for a cannabis business in any print publication or on radio, television, or any other medium if 30 percent or more of the audience of that medium is reasonably expected to be individuals who are under 21 years of age, as determined by reliable, current audience composition data.
4.Certain unsolicited advertising.
A cannabis business shall not utilize unsolicited pop-up advertisements on the Internet.
Advertising using direct, individualized communication or dialogue.
Before a cannabis business may advertise through direct, individualized communication they must use a method of age affirmation to verify that the recipient of the direct communication is 21 years of age or older.
Advertising using location-based devices.
A cannabis business shall not advertise directed toward location-based devices, including but not limited to cellular telephones, unless the owner of the device is 21 years of age or older.
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Link to Missouri Cannabis Advertising Regulations
Comply with Municipal Ordinances, State Law, and Rules: All advertising and marketing activities related to marijuana products must adhere to applicable municipal ordinances, state law, and regulatory rules governing signs and advertising. Businesses should ensure they are familiar with these guidelines to avoid any violations.
Avoid False or Misleading Representations: Companies must refrain from making any false or misleading claims in their marijuana advertisements. Misrepresenting the curative or therapeutic effects of marijuana is strictly prohibited unless such statements have been evaluated and approved by the Food and Drug Administration (FDA). Ensuring accurate and truthful information is crucial to maintain consumer trust and compliance.
Steer Clear of Content Attractive to Children: Any advertising material that might appeal to children is prohibited. This includes using animal or fruit shapes, realistic or artistic renderings, caricatures, cartoons, or any human-like figures. Businesses should take caution to ensure their advertisements do not inadvertently target minors.
Consistency with Branding and Labeling: Advertisements should align with the information provided on the marijuana product labels. Statements concerning a brand of marijuana must be consistent with the labeling information. Ensuring coherence between advertising messages and product details is essential to avoid misleading consumers.
Comply with Local Signage Ordinances: Outdoor signage and interior signage visible from public rights of way must comply with local ordinances governing signs and advertising. Businesses should review their signage to ensure it adheres to these regulations. With the addition of the word billboard, ensure that the same standards are met off premises as well.
Accurate Representation of Legal Name and Trade Names: Licensees must accurately reflect their legal name, business name, “doing business as” (d/b/a) name, or trade name on all exterior signage and advertising. This information should match the records maintained by the regulatory authorities.
Assess Existing and Future Advertising: Companies should thoroughly review their current and future advertising materials, including social media accounts, websites, and any other digital or print platforms. Conducting a comprehensive assessment will help identify potential compliance issues and rectify them promptly.
Enforcement and Complaints: DCR’s current enforcement of advertising regulations relies on complaint-based mechanisms. While this may lead to some compliance issues going unnoticed, it also means that a single complaint could trigger an investigation, potentially resulting in multiple violations. Companies should proactively ensure compliance with advertising rules to avoid any legal repercussions.
Review Previous Materials: Since the regulations governing advertising in Missouri are similar to the emergency rules issued in February, companies should thoroughly examine their previous advertising materials for compliance. Identifying any non-compliant content and rectifying it will help maintain adherence to the regulations moving forward.
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Link to Mississippi Cannabis Advertising Regulations
Medical Cannabis Establishments participating in the Medical Cannabis Program, or entities acting on their behalf, are prohibited from advertising and marketing in any media.
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Link to Montana Cannabis Advertising Regulations
A licensee may promote its business and market its brand but may not advertise marijuana or marijuana products except in electronic advertising.
A marijuana business may not:
(a) engage in advertising via marketing directed towards location-based devices, including, but not limited to cellular phones, unless users affirmatively opt in to receiving push notifications related to marijuana or marijuana-related products;
(b) utilize unsolicited pop-up or push-to advertising on the internet;
(c) advertise on television, radio, or in print such as newspapers, magazines, flyers, and mailers;
(d) engage in advertising or utilize signage that asserts its products are safe;
(e) utilize a billboard;
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Link to New Mexico Cannabis Advertising Regulations
A. Required Practices. The following practices are required in all advertising and marketing activities:
(1) Responsible persons. All advertisements and marketing for cannabis products shall accurately and legibly identify all licensees or organizations who are responsible for the proliferation of the advertisement or marketing activity.
(2) Reasonable expectation of audience age. All advertisements in print and digital communications shall only be placed in areas where at least 70 percent of the audience is reasonably expected to be twenty-one years of age or older as determined by reliable, current audience composition data. For the purposes of this section, “reliable, current audience composition data” means data regarding the age and location demographics of the audience viewing a particular advertising or marketing medium. Immediately upon request, a licensee shall provide to the division audience composition data as required in this section for advertising or marketing placed by the licensee. If the audience composition data for advertising or marketing provided by a licensee does not comply with the requirements of this section, or the licensee fails to provide audience composition data to the division upon request, the licensee shall remove the advertising or marketing placement in question.
(3) Statements and warnings: Any advertising or marketing materials created for viewing by the public shall include the statement "Please Consume Responsibly" in a conspicuous manner on the face of the advertisement and shall include the following warnings that must be in type size at least ten percent of the largest type used in the advertisement: (1) for use only by adults 21 and older; (2) keep out of reach of children; (3) this product is not approved by the FDA to treat, cure, or prevent any disease. FDA has not evaluated this product for safety, effectiveness, and quality; (4) do not drive a motor vehicle or operate machinery while under the influence of cannabis; and (5) there may be long term adverse health effects from consumption of cannabis, including additional risks for women who are or may become pregnant or are breastfeeding.
B. Advertising and marketing activities of cannabis products shall not:
(1) occur on radio, television or other broadcast media, internet pop-ups and mass transit vehicles. The division shall not prohibit advertising and marketing activities on these forums where: (a) subscribers of subscription-based radio, television or other broadcast media are twenty-one years of age or older; or (b) persons twenty-one years of age or older have solicited the advertising or marketing activities.
(2) be done in such a manner that is deemed to be is deceptive, misleading, false or fraudulent, or that tends to deceive or create a misleading impression, whether directly or by omission or ambiguity.
(3) shall not make unproven health benefit claims and any health benefit claims must be supported by substantial evidence or substantial clinical data.
(4) be on billboards, posters, handbills or other visual media that are located or can be viewed within three hundred feet of a school, daycare center or church.
(5) contain symbols or images, including a celebrity or celebrity likeness, that are commonly used to market products to minors.
(6) use predatory marketing or advertising practices targeting minors.
(7) be designed to mimic any other product brand.
C. Branding shall not be designed to be appealing to a child and shall not contain: (a) cartoons; (b) a design, brand or name that resembles a non-cannabis consumer product of the type that is typically marketed to minors; (c) contain symbols or images, including a celebrity or celebrity likeness, that are commonly used to market products to minors.
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Link to New Jersey Cannabis Advertising Regulations
Restrict advertising of cannabis items and cannabis paraphernalia in ways that target or are designed to appeal to individuals under the legal age to purchase cannabis items
Prohibit advertising of any cannabis items or cannabis paraphernalia on television, or on radio between the hours of 6:00 a.m. and 10:00 p.m.
Prohibit engaging in advertising unless the advertiser has reliable evidence that at least 71.6 percent of the audience for the advertisement is reasonably expected to be 21 years of age or older.
Prohibit engaging in advertising or marketing directed towards location-based devices, including but not limited to cellular phones, unless the marketing is a mobile device application installed on the device by the owner of the device who is 21 years of age or older and includes a permanent and easy opt-out feature and warnings that the use of cannabis items is restricted to persons 21 years of age or older.
Prohibit the sponsoring of a charitable, sports, musical, artistic, cultural, social, or other similar event or advertising at or in connection with such an event unless the sponsor or advertiser has reliable evidence that no more than 20 percent of the audience at the event is reasonably expected to be under the legal age to purchase cannabis items.
Require all advertisements to contain the following warning: “This product contains cannabis. For use only by adults 21 years of age or older. Keep out of the reach of children.”
Prohibit the advertising of cannabis items or cannabis paraphernalia in any form or through any medium whatsoever within 200 feet of any elementary or secondary school grounds.
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Link to New York Cannabis Advertising Regulations
Marketing, advertising, and advertisements cannot be easily seen by individuals under twenty-one.
Licensees cannot advertise within 500 ft of schools
Licensees can only place an advertisement in a location where at least 90% of the advertisement’s audience is reasonably expected to be twenty-one or older.
Licensees cannot use advertisements that appeal to children
Marketing, advertising, and advertisements cannot make health claims.
Marketing, advertising, and advertisements cannot use or display colloquial references to cannabis.
Marketing, advertising, and advertisements cannot promote overconsumption or rapid consumption.
Marketing, advertising, and advertisements cannot promote product potency or THC concentration.
Advertisements cannot use freebies, discounts, giveaways, or promotional swag. Retail dispensaries may provide consumers with branded exit packages after completing a purchase; and promotional items are allowed if part of an Environmental Sustainability Program.
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Link to Nevada Cannabis Advertising Regulations
Advertising must include the following warnings: ‘Keep Out of Reach of Children’ and ‘For Use Only by Adults 21 Years of Age or Older.’
Advertising is not permitted within 1,000 feet of schools
Sporting Events: Advertising is not permitted at sporting events in which persons who are under 21 years of age are allowed entry.
Entertainment Events: Advertising is allowed if it is reasonable estimated that less than 30% of the persons in attendance are under 21 years of age.
Media: Advertising is not permitted on television, radio, or other publications where the projected audience under 21 years of age is more than 30%.
Advertising is not permitted on or in vehicles for public transportation including any shelter for public transportation.
NOT ACCEPTABLE IN ADVERTISING
Contains false or misleading statements or illustrations
Depicts the consumption of cannabis products i.e. smoking, eating, vaping, dabbing, or using a topical
Promotes the overconsumption of cannabis products
Depicts persons under 21 years of age consuming cannabis products; any indication of a child’s presence; resemblance to brands targeted at children, toys, candy, fruit, cartoon characters, or any other depiction designed in a manner that is appealing to children, or encourages consumption of cannabis to persons under 21 years of age Offers cannabis for free or donated without purchase.
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Link to North Dakota Cannabis Advertising Regulations
All marketing or advertising activities are subject to department approval.
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Link to Ohio Cannabis Advertising Regulations
No dispensary shall place an advertisement of medical marijuana in any form or through any medium:
(1) Within five hundred feet of the perimeter of a prohibited facility;
(2) On a billboard;
(3) On a radio or television broadcast;
(4) On any handheld or other portable sign;
(5) With respect to public places, on a handbill, leaflet, or flyer directly handed, deposited, fastened, thrown, scattered, cast, or otherwise distributed to any person;
(6) Left upon any private property without the consent of the property owners;
(7) On or in a public transit vehicle or public transit shelter; or
(8) On or in a publicly-owned or operated property.
An advertisement for a dispensary shall not appeal to children.
An advertisement shall not contain any statement or illustration that is: false or misleading, disparaging to a competitor's products, obscene or indecent, or related to the safety or efficacy of marijuana, unless supported by substantial evidence or substantial clinical data.
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Link to Oklahoma Cannabis Advertising Regulations
Medical marijuana business shall not engage in advertising that is deceptive, false or misleading.
Medical marijuana advertising shall not contain any statement or illustration that:
1. Promotes overconsumption
2. Represents that the use of marijuana has curative or therapeutic effects
3. Appeals to children
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Link to Oregon Cannabis Advertising Regulations
Marijuana advertising may not:
Contain statements that are deceptive, false, or misleading.
Contain any content that can reasonably be considered to target individuals under the age of 21.
Asserts that marijuana items are safe
Make claims that recreational marijuana has curative or therapeutic effects.
Display consumption of marijuana items.
Contain material that encourages the use of marijuana because of its intoxicating effect.
Contain material that encourages excessive or rapid consumption.
Advertisements through print, billboard, television, radio and internet must contain the following statements (this does not apply to advertising on apparel): Do not operate a vehicle or machinery under the influence of this drug For use only by adults twenty-one years of age and older Keep out reach of children.
If you are advertising through television, radio, billboards, print media or internet you must have verification no more than 30% of your viewing audience in under the age of 21.
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Link to Pennsylvania Cannabis Advertising Regulations
Pursuant to regulation § 1141a.50 (relating to advertising by a medical marijuana organization), promotional, advertising and marketing materials shall be approved by the Department prior to their use.
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Link to Rhode Island Cannabis Advertising Regulations
Advertisements shall clearly and conspicuously include the following components:
1. The required universal symbol in color;
2. Medical marijuana program (MMP) license number of the licensee; and
3. “For Ages 21+ and medical cannabis patients.” Advertisements may not:
1. Suggest or imply that cannabis has therapeutic effects;
2. Reasonably appear to target individuals under the age of twenty-one (21), including but not limited to the use of animal characters, toys, cartoon characters or similar images;
3. Display the consumption or use of cannabis;
4. Contain material that encourages excessive consumption;
5. Be combined with content relating to alcohol, nicotine, tobacco or any other substance;
6. Depict activities or persons in conditions under the influence of cannabis, including but not limited to operating a motorized vehicle, boat or machinery, or persons who are pregnant or breastfeeding; or
7. Violate any state or federal trademark law or regulation. Additionally, hybrid retail licensees are encouraged to ensure that the selected advertising medium targets an audience of which 85% of the population is reasonably expected to be 21 years of age or older and shall adhere to the below requirements.
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Link to South Dakota Cannabis Advertising Regulations
Any advertisement must contain the following information:
(1) A statement: For medical use by qualifying patients only.; and
(2) The medical cannabis establishment identification number of the establishment responsible for the advertisement.
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Link to Utah Cannabis Advertising Regulations
A cannabis production establishment may not advertise to the general public in any medium.
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Link to Vermont Cannabis Advertising Regulations
A cannabis establishment advertisement shall not contain any statement or illustration that:
(1) is deceptive, false, or misleading;
(2) promotes overconsumption;
(3) represents that the use of cannabis has curative effects;
(4) offers a prize, award, or inducement for purchasing cannabis or a cannabis product, except that price discounts are allowed;
(5) offers free samples of cannabis or cannabis products;
(6) depicts a person under 21 years of age consuming cannabis or cannabis products; or
(7) is designed to be or has the effect of being particularly appealing to persons under 21 years of age."
Cannabis establishments shall not advertise their products via any medium unless the licensee can show that not more than 15 percent of the audience is reasonably expected to but under 21 years of age"
Vermont law requires that Cannabis Establishments submit all advertisements to the Cannabis Control Board.
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Link to Virginia Cannabis Advertising Regulations
A cannabis dispensing facility may engage in marketing activities except those marketing activities that; include false or misleading statements, promote excessive consumption, depict a person younger than 21 years of age consuming cannabis, include any image designed or likely to appeal to minors, depict products that resemble candy or that promotes cannabis consumption; contain any image that is likely to mislead patients or the general public to believe that the cannabis product has been endorsed by the Commonwealth of Virginia.
A cannabis dispensing facility shall not advertise through any means unless at least 85% of the audience is reasonably expected to be 18 years of age or older, as determined by reliable, up-to-date audience composition data or on television or the radio at any time outside of regular school hours for elementary and secondary schools.
C. Advertising must accurately and legibly identify the cannabis dispensing facility responsible for its content. Any advertisement for cannabis products that is related to the benefits of cannabis shall:
1. Be supported by substantial, current clinical evidence or data.
2. Include information on side effects or risks associated with the use of cannabis.
D. Advertising shall not:
1. Be misleading, deceptive, or false.
2. Contain a statement, design, illustration, picture, or representation that:
a. Encourages the recreational use of cannabis.
b. Targets or is attractive to persons younger than 18 years of age.
c. Displays the use of cannabis.
d. Encourages cannabis for use as an intoxicant.
e. Is obscene or indecent.
3. Display cannabis or cannabis product pricing except on the website.
4. Display cannabis products where the advertisement is visible to members of the public.
5. Include coupons or giveaways of free cannabis products.
E. A pharmaceutical processor or cannabis dispensing facility shall not engage in the use of pop-up digital advertisements.
F. No outdoor cannabis product advertising shall be placed within 1,000 feet of (i) a school
G. All outdoor signage must be in compliance with local or state requirements.
H. A cannabis dispensing facility shall not advertise at any sporting event or use any billboard advertisements.
I. No cannabis product advertising shall be on or in a public transit vehicle, public transit shelter, bus stop, taxi stand, transportation waiting area, train station, airport, or any similar transit-related location.
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Link to Washington Cannabis Advertising Regulations
All cannabis advertising and labels of useable cannabis, cannabis concentrates, and cannabis-infused products sold in the state of Washington must not contain any statement, or illustration that:
Is false or misleading;
Promotes over consumption;
Represents the use of cannabis has curative or therapeutic effects;
Appeals to children
No cannabis licensee shall place or maintain an advertisement of a cannabis business:
In any form or through any medium whatsoever within 1,000 feet of the perimeter of a school grounds.
On or in any transit-related location.
All advertising for cannabis businesses or cannabis products must contain text stating that cannabis products may be purchased or possessed only by persons 21 years of age or older.
Outdoor advertising restrictions
All text on outdoor signs, including billboards, is limited to text that identifies the retail outlet by the licensee's business or trade name, states the location of the business, and identifies the type or nature of the business.
No outdoor advertising signs, including billboards, may contain depictions of cannabis plants or cannabis products. Logos or artwork that do not contain depictions of cannabis plants or cannabis products as defined in this section are permissible.
Outdoor advertising is prohibited on signs and placards in arenas, stadiums, shopping malls, fairs that receive state allocations, farmers markets, and video game arcades, whether any of the foregoing are open air or enclosed, but not including any such sign or placard located at an adult only facility.
Promotional items such as giveaways, coupons, and distribution of branded or unbranded merchandise are banned.
Cannabis retail licensees holding a medical cannabis endorsement may donate product to qualifying patients or designated providers who hold a valid recognition card. Retail licensees may not advertise "free" or "donated" product.
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Link to Washington Cannabis Advertising Regulations
Advertisements relating to the prices of medical marijuana shall not be displayed in the window of a registered establishment.
Advertisements relating to medical marijuana shall not be displayed on the exterior of any window or on the exterior or interior of any door.
No sign advertising medical marijuana on the exterior or visible from the exterior of any registered establishment or elsewhere in the District shall be illuminated at any time.
A statement that is known by the dispensary or cultivation center to be false or misleading with respect to advertised price charged to the qualified patient or statements as to health benefits, shall be prohibited.
Overcoming Advertising Challenges
The cannabis industry has shown significant growth in recent years. As more states start to legalize the use of cannabis products for recreational and medical purposes, the industry continues to expand. This growth, however, is met with complex regulatory guidelines. How do we navigate these cannabis ads law restrictions? Here are a few tips on how to overcome those restrictions:
Use Direct Mail Marketing. Direct mail marketing is a strong way to overcome the restrictions in an industry with strict regulations. Direct mail advertising through Canna Direct Mail is 21+ compliant, personalized, and compelling content to your existing and potential customers via mail. In addition, you are able to adhere to school exclusion zones which are common in state cannabis regulations. Since cannabis direct mail marketing is targeted, the content sent to the target audience is highly relevant to the recipient. Direct mail marketing through Canna Direct Mail offers a targeted, compliant, and effective strategy to connect with your audience, increase brand awareness, and increase sales in a challenging cannabis landscape.
Participate in grassroots events. These grassroots events gather cannabis businesses and enthusiasts to interact and foster community within the industry. They are perfect venues for consumers to get acquainted with cannabis-based brands and for business owners like you to showcase their products. It is also the venue to raise awareness and create advocacy, dispelling misinformation and stigma that surround the cannabis sector. With people sharing their personal stories, data, and insights, cannabis marketing in events destigmatize cannabis and promote evidence-based dialogs.
Partner with Influencers. Influencer marketing has been proven to catapult brands into the mainstream. You must partner with brands or people, preferably with a large and loyal following, that can influence and inform the public about your cannabis-related services and products. Influencer campaigns compliment your traditional cannabis marketing efforts, such as direct mail advertising, and help raise awareness for your brand. Screening the influencers before partnering with them is crucial to ensure they align with your business' brand and identity.
Leverage the power of social media platforms. Social media is a cost-effective tool for marketing and advertising, but is subject to strict restrictions and regulations in the cannabis industry. Major platforms have strict guidelines against promoting cannabis-related content, which forces cannabis businesses to be extremely creative and careful in their social media strategies. One way to approach this is user-generated content. You can encourage your customers to review your products and services while complying with the advertising policies to expand your reach. You can also focus on creating content that doesn't promote cannabis but highlights aspects such as lifestyle, wellness, and relaxation. An informative and educational approach to content is a great approach to a successful social campaign!
The Future of Cannabis Advertising
The cannabis industry continues to mature and gain acceptance, evident in the increasing rates of legalization across the country. Advertising trends and strategies are also evolving to address the industry's unique demands and challenges. You need to monitor these trends as these strategies can put your cannabis business on the map.
One of the most noticeable trends is the shift of advertisements toward digital advertising as some states start to legalize cannabis and loosen regulations. Video content, partnerships with influencers, programmatic advertising, and AI tools are a strong way to reach consumers when paired with offline advertising approaches such as direct mail. Social media platforms and tech giants like Meta and Google are still strict with their policies regarding cannabis advertising and you will have challenges navigating the digital ad space.
Another trend is the rise of experiential marketing and the increase of events where cannabis brands and consumers interact in immersive ways. These cannabis-related events and conventions allow your business to build brand loyalty and interact with your market face-to-face.
If cannabis advertising and laws change at the state and federal levels, it could significantly impact cannabis brands. In addition, CBD products and hemp derived THC often don’t face the same advertising restrictions as traditional cannabis brands at the state level but that is rapidly changing and many states are enacting changes. Sustained advocacy efforts through information dissemination, dispelling misinformation and stigma surrounding the cannabis sector, may shift the public perception. This may result in greater acceptance and a looser regulatory landscape. In the meantime, navigating the restrictions through strategic advertising is the way to move forward.
