Table of Contents
Cannabis Marketing Guidelines by State
Everything you need to know about advertising for cannabis across the country.
With shifting rules that differ dramatically from state to state, it’s challenging to understand cannabis marketing laws across the U.S. This guide makes everything clear, detailing the nuances of cannabis marketing laws from one state to the next.
Whether you’re in a fully legal, medically legal, or differently regulated state, this is your go-to resource.
Cannabis Marketing Regulation for Fully Legal States
- Signage Regulations: Comply with local government laws on sign size, number, and placement. In areas without local government, signs must comply with applicable Alaska statutes. Signs that meet these requirements are not considered advertising.
- Advertisement Requirements: Include the business name and license number. Ads that contain only business information, with no cannabis product details or images outside of the established business name or logo, are exempt from warning statements.
- Logo and Advertisement Content: Cannot contain false or misleading statements, promote excessive consumption, claim curative or therapeutic effects, depict individuals under 21 consuming cannabis, or use toys, cartoons, or other content designed to appeal to people under 21.
- Placement Restrictions for Ads: Cannot be placed within 1,000 feet of child-centered facilities or substance abuse or treatment facilities, or on publicly owned or operated property.
- Mandatory Warning Statements: Cannabis product advertising must include required warnings about intoxication, impairment, health risks, adult use, keeping cannabis away from children, and use during pregnancy or breastfeeding. Print warnings must have sufficient visual contrast, and audio warnings must be intelligible.
- Web Advertising: Websites advertising cannabis must use measures to verify that visitors are 21 or older.
- Location-Based Marketing: Prohibited unless delivered through a mobile app installed by a device owner who is 21 or older and the app includes a permanent, easy-to-use opt-out feature.
- Event Sponsorship: Cannabis businesses may sponsor trade shows, charitable events, sporting events, concerts, and similar events when no more than 30% of the reasonably expected audience is under 21.
- Sales Promotion Restrictions: Cannot use games or competitions related to cannabis consumption or promotional materials or activities that are especially appealing to children.
Advertising Authorization and Identification: Cannabis advertising must be authorized by a licensed marijuana establishment or nonprofit medical marijuana dispensary and must clearly identify the responsible business by name and license or registration number.
Minor Appeal and Content Restrictions: Advertising cannot target people under 21, use cartoons, toys, fictional characters, or branding that imitates products marketed to children. Ads also cannot depict cannabis consumption, promote cannabis based on THC potency, or make untrue health-related claims.
Audience and Direct Marketing: Electronic, social media, and website advertising is allowed only when at least 73.6% of the expected audience is 21 or older. Direct or dialogue-based advertising must verify recipients are at least 21 before communication begins.
Placement and Sponsorship Restrictions: Advertising is prohibited on or within public airports, public transportation shelters, buses, trains, shuttles, and trams. Billboard advertising is prohibited within 1,000 feet of childcare centers, churches, substance abuse recovery facilities, public parks, playgrounds, and schools. Sporting-event sponsorships are subject to the 73.6% adult-audience requirement unless the sponsored organization provides written approval.
Mandatory Warning: Cannabis advertising must conspicuously state: “Do not use marijuana if you are under twenty-one years of age or pregnant. Keep marijuana out of reach of children.” Printed ads must meet Arizona’s size and formatting requirements for the warning.
Delivery and Order Solicitation: Only licensed marijuana establishments or dual licensees may facilitate delivery, solicit or accept cannabis orders, or operate listing services related to cannabis sales or delivery.
Enforcement and Penalties: Licensed businesses may face disciplinary action for advertising violations. Unauthorized individuals or entities that advertise cannabis in violation of the statute may face a $20,000 civil penalty per violation. (azleg.gov)
Licensee Identification: Advertisements must legibly identify the responsible licensee by name and license number, including digital and outdoor advertising.
Audience and Age Verification: Advertising may appear only where at least 71.6% of the audience is reasonably expected to be 21 or older, based on reliable, current audience data. Direct, individualized marketing must verify the recipient is at least 21 before communication begins.
Truthful Advertising and Health Claims: Advertising cannot be false or misleading, make unsupported health or therapeutic claims, or contradict the product’s labeling.
Underage Appeal: Advertising cannot target people under 21 or use depictions of minors, cartoons, child-oriented characters or phrases, imitation candy packaging, or similar imagery attractive to children.
Outdoor Advertising and Placement: Outdoor signs and billboards must comply with California’s outdoor advertising laws. Cannabis advertising is also restricted near schools, playgrounds, day care centers, and youth centers, and certain highway billboard placements are prohibited under state law.
Free Cannabis Promotions: Advertising cannot promote free cannabis goods or cannabis accessories, including BOGO-free offers, free products tied to donations, contests, sweepstakes, or raffles.
Vape Advertising: Advertising for cannabis cartridges and integrated cannabis vaporizers must include California’s required hazardous-waste disposal message.
- Truth in Advertising: Cannabis businesses must not engage in advertising that is deceptive, false, or misleading in any way.
- Minimum Audience Age: Retail cannabis businesses can advertise through TV, radio, print, or internet only if at least 71.6% of the audience is expected to be 21 or older. For medical cannabis businesses, at least 71.6% of the audience must be 18 or older.
- No Underage Targeting: Retail cannabis advertising cannot target individuals under 21. Medical cannabis advertising cannot target individuals under 18.
- No Unsubstantiated Safety Claims: Businesses may not claim their products are safe because they are regulated by the state or tested by a licensed cannabis testing facility.
- Local Ordinances: Businesses must comply with local laws regulating signs and advertising.
- State Law Compliance: All state laws, including the Outdoor Advertising Act, must be followed.
- Distance from Sensitive Areas: No advertising on outdoor signs within 500 feet of schools, places of worship, or public playgrounds.
- No Underage Appeal: Retail cannabis advertising cannot include content that targets individuals under 21, including cartoon characters or similar imagery. Medical cannabis advertising cannot target individuals under 18.
- Restrictions on Location-Based Marketing: Marketing directed toward location-based devices is allowed only through a mobile app installed by the device owner, who must be 21 or older for retail cannabis or 18 or older for medical cannabis. The app must include a permanent, easy-to-use opt-out.
- No Pop-Up Ads: Unsolicited pop-up advertising on the internet is prohibited.
- Sponsorship Age Verification: etail cannabis businesses may advertise in connection with sponsored events only when there is reliable evidence that at least 71.6% of the audience is 21 or older. For medical cannabis businesses, at least 71.6% of the audience must be 18 or older.
- Age-Appropriate Advertising: Ads must not target or appeal to individuals under 21, including using spokespersons, celebrities, or characters that appeal to those under the legal age.
- No Cannabis Plant Images: Ads cannot use images or representations of the cannabis plant or its parts.
- Distance From Sensitive Areas: No billboard advertising within 1,500 feet of schools, houses of worship, recreation centers or facilities, child care centers, playgrounds, public parks, or libraries. Billboard advertising is also prohibited from 6 a.m. to 11 p.m.
- Majority Age Audience: Advertising through any medium requires evidence that at least 90% of the audience is 21 or older.
- Mobile Marketing: Location-based marketing is permitted only with a mobile app installed by a device owner who is 21 or older that includes opt-out features and age warnings.
- No Unsubstantiated Health Claims: Ads cannot claim or imply therapeutic effects unless substantiated or conveyed by a licensed pharmacist or medical practitioner.
- Age Limit for Audience: Events sponsored by cannabis businesses must have reliable evidence that no more than 10% of the audience is under 21.
- Visibility Restrictions: No visible ads within 500 feet of schools, child care centers, playgrounds, public parks, or libraries.
- No Encouragement of Illegal Activity: Ads must not encourage the transportation of cannabis across state lines or other illegal activities.
- Dispensary and Pharmacy Terms: Cannabis businesses cannot use the term “dispensary” or imply they are a pharmacy if they are not.
- Public Vehicle and Venue Ads: No advertising on public or private vehicles or at transportation venues like bus stops or train stations.
- Exterior Display Restrictions: Cannabis, its products, or plant imagery cannot be visible from outside the establishment. No exterior signs displaying cannabis plant images.
- No Loudspeaker Ads: Using a radio or loudspeaker for advertising cannabis sales is prohibited.
- Age Verification for Websites: Websites must verify users are 21 or older each time they access the site. Cookies or other features cannot be used to bypass age verification on future visits.
- Discount Advertising: Advertising cannot use discounted prices or promotional offers as an inducement to purchase adult-use cannabis. Discounts and promotional offers may be presented within a dispensary, retailer, or hybrid retailer, through a delivery service, or on a website where cannabis products can legally be ordered.
- Advertising Warning: Ads must include a warning not to use cannabis if under 21 and to keep it away from children, taking up at least 10% of the ad space in print or visual mediums and easily intelligible in audio mediums.
- Outdoor Signage Rules: Outdoor signs are exempt from certain restrictions if they only contain the name and logo of the establishment, do not use cannabis plant images, consist of no more than three colors, and are located on the premises or commercial property occupied by multiple tenants including the cannabis establishment.
- Brand Name Restrictions: The department may not register brand names that are misleading, identical to non-cannabis products, obscene, or associated with persons under 21.
Advertising and Marketing Content: Advertising cannot be false or misleading, promote overconsumption or irresponsible use, depict cannabis consumption, make health or physical benefit claims, or imitate existing branded consumer products.
Underage Appeal: Advertising and branding cannot target minors or use content commonly used to appeal to minors, including neon colors, cartoons or cartoon-like fonts, caricatures, fruit, human or animal shapes, balloons, toys, celebrity likenesses, or images of minors.
Outdoor Advertising and Signage: Advertising generally cannot appear on buildings, billboards, freestanding signs, or other publicly visible locations. On-premise exterior signage identifying the business is permitted, but cannot contain a realistic cannabis leaf and cannot exceed 75 square feet or the size allowed by local ordinance, whichever is smaller. Limited exceptions to the public advertising restriction may be approved for charitable or nonprofit activities.
Broadcast, Transit and Digital Advertising: Advertising on radio, television, other broadcast media, mass transit vehicles, and internet or app-based pop-ups is prohibited unless the audience consists of subscribers 21 or older or the advertising was solicited by individuals 21 or older. Paid and unpaid in-person solicitation is prohibited.
Website and Social Media Age Restrictions: Cannabis websites must use an age-screening mechanism before visitors can access content or provide contact information for advertising. Social media and mobile-app advertising must notify users that they must be at least 21 to view the content.
Promotions and Discounts: Retail stores cannot offer cannabis or cannabis products for free. Discounts are permitted, but cannot be tied to the retail sale of non-cannabis products and must comply with the state’s other advertising and marketing requirements.
- Truthfulness Required: No false or misleading statements or illustrations.
- Against Overconsumption: Cannot promote overconsumption of cannabis.
- No Depiction of Consumption: No showing the actual consumption of cannabis products.
- Age Restrictions: Cannot depict anyone under 21 consuming cannabis.
- Health Claims: No health, medicinal, or therapeutic claims about cannabis.
- Cannabis Imagery: No images of cannabis leaves or buds.
- Appeal to Minors: Cannot include images designed or likely to appeal to minors, including cartoons, toys, animals, children, or other imagery, characters, or phrases designed to appeal to or encourage consumption by people under 21.
- Distance from Sensitive Areas: No advertising within 1,000 feet of schools, playgrounds, recreation centers, child care centers, public parks, libraries, or game arcades not restricted to ages 21 and over.
- Public Transit and Property: No ads on public transit vehicles/shelters or publicly owned/operated properties.
- Educational Content: Restrictions do not apply to messages with an educational purpose regarding cannabis.
- No Free Cannabis: Cannot encourage sales by giving away cannabis products.
- No Games or Competitions: No conducting games or competitions related to cannabis consumption.
- Child-Appealing Promotions: No promotional materials or activities that could appeal to children.
- No Appeal to Under 21: Cannot advertise in ways that attract individuals under 21.
- Responsible Use: Must not promote irresponsible or illegal activity under Maine law.
- Public Health and Safety: Cannot present a significant risk to public health and safety.
- Truthful Statements: No deceptive, false, or misleading content.
- No Consumption Display: Cannot show the consumption of cannabis products.
- Potency Claims: No claims about potency except for listing cannabinoid content.
- No Risky Activities: Cannot depict activities risky under the influence of cannabis.
- Underage Appeal: No content appealing to individuals under 21, including cartoons or toy images.
- No Candy Imitation: Cannot include or imitate candy advertising or use the term “candy.”
- Cross-State Transportation: No encouragement of transporting cannabis across state lines.
- Safety Claims: No assertions that cannabis products are safe due to regulation or testing.
- Health Claims: No claims about curative or therapeutic effects or other health benefits.
- Informational Material: No false or misleading statements on any materials provided to consumers.
- Public Area Distribution: Cannot distribute handbills in public areas or publicly owned property.
- Digital and Location-Based Marketing: Unsolicited internet advertising may be restricted, and opt-in marketing must include an easy and permanent opt-out. Location-based mobile marketing is allowed only through an app installed by a device owner who is 21 or older and includes a permanent, easy-to-use opt-out.
- Vehicle Wraps: Cannabis businesses may advertise on the exterior of motor vehicles.
- Proximity to Schools: Advertising cannot be placed or used within 1,000 feet of the property line of a preexisting public or private school. Local rules may establish a different distance, but it cannot be less than 500 feet.
- Adult Use and License Info: Ads must state “For use only by adults twenty-one years of age and older” and include the establishment’s license number.
- Usage in Marketing: Brand names and logos can be used in marketing, provided they comply with the advertising rules.
- Accuracy in Advertising: Advertising cannot contain false or misleading claims.
- Age Restrictions: Cannabis advertising cannot directly target individuals under 21. Advertising also cannot use designs, illustrations, pictures, cartoons, mascots, or similar content that targets people under 21.
- Audience Age Requirements: Advertising through television, radio, websites, mobile apps, social media, other electronic communications, event sponsorships, or print publications is permitted only when at least 85% of the audience is reasonably expected to be 21 or older. The Maryland Cannabis Administration accepts the most recent readily available audience composition data from the platform, publication, or event where the advertising will appear.
- Website Age Verification: Cannabis-related websites must use a neutral age-screening mechanism to verify that visitors are at least 21 before they can access content or provide contact information for advertising. Websites intended for qualifying patients under 21 must provide an alternative screening mechanism.
- Social Media and Mobile Advertising: Cannabis advertisements on social media or mobile applications must include a notice that viewers must be at least 21 years old to view the content.
- Prohibited Content: Advertising cannot display cannabis consumption, smoking, or vaping; encourage cannabis use as an intoxicant; contain obscene material; or violate Maryland consumer-protection requirements.
- Medical and Therapeutic Claims: Advertising that makes an explicit claim that cannabis can diagnose, treat, mitigate, cure, or prevent a disease or condition must be supported by competent and reliable scientific evidence and include information about the most serious and common risks or side effects associated with cannabis use.
- Outdoor Advertising: Cannabis advertising generally cannot be placed on buildings, billboards, freestanding signboards, or other publicly visible locations. Cannabis businesses may use exterior signage to identify the business, and the law provides additional limited signage allowances for standard dispensaries.
- Standard Dispensary Signage: A standard dispensary may use certain exterior signs or signboards immediately adjacent to the licensed premises for limited purposes, such as identifying the licensed business, providing approved contact or safety information, and communicating approved ownership or licensing designations. Individual signs are limited to 900 square inches, with no more than 1,200 square inches of qualifying exterior signage in total.
- Third-Party Advertising: Licensees remain responsible for compliant advertising when using agencies, vendors, or other third parties. A licensee generally cannot authorize third parties to use its brand, trademarks, name, location, or similar identifiers in noncompliant advertising.
- Brand Name Use: Cannabis establishments can develop a brand name for use in labeling and signage, but cannot include medical symbols, cannabis imagery, or elements appealing to anyone under 21.
- Event Sponsorship: Brand name sponsorship of charitable, sporting, or similar events is allowed if sponsorship is limited to the brand name. Advertising connected to the event must target audiences reasonably expected to be 21 or older, with safeguards to prevent it from reaching people under 21.
- Charitable and Cultural Event Sponsorship: Allowed under specific conditions for qualifying events associated with the community where the cannabis establishment is licensed, with the same age-targeting and safeguard requirements.
- Display Cases: Transparent, secure, locked display cases for product samples are permitted, with restrictions on actual consumption.
- Price Information: Licensees may post or update regular cannabis prices in-store and online. Public-facing websites and online menus cannot advertise those prices as a “sale,” “discount,” “special,” “X% off,” “buy X get X free,” or through similar promotional language. Purchase programs or bundled pricing may be offered, but cannot be publicly marketed as free, discounted, or promotional.
- Responsible Advertising: Public-facing advertising must include “Please Consume Responsibly,” along with other required warnings, and cannot promote cannabis to people under 21.
- Deceptive or Misleading Advertising: Advertising cannot be deceptive, misleading, false, fraudulent, or create a misleading impression through omission or ambiguity.
- Audience Age Limit: Advertising through television, radio, internet, mobile applications, social media, other electronic communications, billboards, outdoor advertising, or print publications is allowed only when at least 85% of the audience is reasonably expected to be 21 or older based on reliable, current audience data.
- Youth-Oriented Advertising: Advertising cannot depict anyone under 21 or use mascots, cartoons, celebrity endorsements, or similar content deemed to appeal to people under 21.
- False Statements About Competitors: Advertising cannot contain false or misleading statements about another cannabis licensee.
- Health and Safety Claims: Advertising cannot claim cannabis products are safe or have curative or therapeutic effects unless supported by substantial evidence or substantial clinical data, except for required labeling statements.
- Billboard and Public Signage Compliance: Billboard and other public signage must comply with applicable state and local ordinances and requirements.
- Website Age Verification: Cannabis establishment websites must verify that visitors are at least 21 years old.
- Offensive or Objectionable Advertising: Advertising cannot be improper or objectionable, including language or imagery that is offensive or disparaging to certain groups.
- Transportation Advertising: Cannabis advertising is prohibited on public or private vehicles and at transportation venues such as bus stops, taxi stands, train stations, airports, and similar locations.
- Exterior Display Restrictions: Cannabis products cannot be displayed where they are clearly visible from outside the licensed establishment, and exterior signs or printed materials cannot advertise cannabis brands or products.
- Discounts and Promotions: Public advertising of free promotional items, gifts, giveaways, discounts, points-based reward systems, customer loyalty programs, coupons, or free or donated adult-use cannabis remains prohibited except where specifically allowed by regulation. The Commission distinguishes these public advertisements from personalized, requested communications such as opt-in email or newsletter lists.
- Regulatory Compliance: Advertising must comply with all municipal ordinances, state laws, and specific rules regulating signs and advertising.
- No Deceptive Practices: Cannot advertise cannabis products in a way that is deceptive, false, or misleading.
- Restrictions on Health Claims: Marketing must not contain health or benefits claims unless approved by the FDA or under a Letter of Enforcement Discretion issued by the FDA.
- Target Audience Age: Adult-use cannabis advertising is allowed only when there is reliable evidence that no more than 30% of the audience is under 21. Medical marijuana advertising is subject to the corresponding under-18 audience standard. Advertising must also include the required warnings.
- Intellectual Property Licensing: Licensees are responsible for making sure marketing and advertising conducted under intellectual property licensing agreements comply with Michigan cannabis laws and rules.
- Medical Marihuana Facilities Licensing Act (MMFLA) Marketing: Advertise as “medical marijuana” only for use by registered qualifying patients or caregivers.
- Michigan Regulation and Taxation of Marihuana Act (MRTMA) Marketing: Advertise as “marijuana” for use only by individuals 21 years of age or older.
- Prohibition on Minors Marketing: Under MMFLA, do not market or advertise to minors aged 17 years or younger. Sponsorships for this age group are prohibited.
- Prohibition on Underage Marketing: Under MRTMA, do not market or advertise to individuals under 21 years of age. Sponsorships for individuals under 21 are prohibited.
- Truthful Advertising: Advertising cannot contain false or misleading statements or unverified claims about the health or therapeutic benefits or effects of cannabis.
- Responsible Consumption: Advertising cannot promote overconsumption of cannabis.
- Youth-Oriented Advertising: Advertising cannot depict a person under 21 consuming cannabis or use images designed or likely to appeal to people under 21, including cartoons, toys, animals, children, or similar characters or imagery. MN Revisor’s Office
- Alcohol Imagery: Advertising cannot contain images of alcohol or people consuming alcohol.
- Required Warning: Cannabis advertising must include the health and impairment warning specified by the Minnesota Office of Cannabis Management. This requirement applies to print, radio, television, online, and social media advertising.
- Audience Age Requirements: Advertising cannot appear in print, radio, television, or other media when 30% or more of the audience is reasonably expected to be under 21, based on reliable, current audience composition data.
- Outdoor Advertising: Outdoor cannabis advertising is prohibited, including billboards and advertising on benches or vehicles. Cannabis businesses may have up to two fixed outdoor signs on the exterior of the building or property.
- Exterior Visibility: Window or door signage visible from outside the business is considered outdoor advertising. OCM identifies banners, feather flags, sandwich boards, inflatables, outward-facing window posters and wraps, and similar displays as prohibited examples.
- Pop-Up Advertising: Unsolicited internet pop-up advertising is prohibited.
- Direct Marketing: Businesses must use age affirmation to verify that recipients are at least 21 before sending advertising through direct, individualized communication or dialogue. Age affirmation may include user confirmation, birth date disclosure, or a similar registration method.
- Location-Based Advertising: Advertising directed to location-based devices is permitted only when the device owner is 21 or older.
- Regulatory Compliance: Cannabis advertising must comply with applicable municipal ordinances, state laws, and rules regulating signs and advertising.
- No Deceptive Advertising: Advertising cannot contain any representation that is false or misleading.
- Health and Therapeutic Claims: Advertising cannot state or imply that cannabis has curative or therapeutic effects unless the claim has been evaluated and approved by the FDA.
- Child-Appealing Content: Advertising cannot contain content attractive to children, including realistic, artistic, caricature, or cartoon depictions of animals or fruit, or artistic, caricature, or cartoon depictions of humans.
- Digital Advertising and Marketing: Advertising restrictions apply to websites and mobile applications. DCR specifically identifies product packaging featuring fruit when displayed on a licensee’s website and digital advertising combining a marijuana product with an animal caricature as examples of violations.
- Consistency With Product Labeling: Advertising cannot make statements about a cannabis brand that are inconsistent with statements on the product’s labeling.
- Marijuana Leaf in Advertising: Missouri does not prohibit the use of a marijuana leaf in cannabis advertising.
- Business Name Restrictions: Business names cannot use terms such as “pharmacist,” “pharmacy,” “apothecary,” “drug store,” “druggist,” or similar terms unless the business is supervised by a licensed pharmacist.
- Outdoor and Visible Interior Signage: Outdoor signage and interior signage visible from a public right-of-way must comply with applicable local sign and advertising ordinances.
- Exterior Business Identification: Exterior signage and advertising must accurately reflect the licensee’s legal name, business name, DBA, or trade name on record with the Department.
- Dispensary Visibility: Dispensary sales floors must be arranged so that marijuana products, marijuana accessories, and sales of those items are not visible from a public place outside the facility without the use of optical aids.
- Electronic Advertising Only: Cannabis businesses may promote their business and market their brand, but advertising specific cannabis or cannabis products is permitted only electronically.
- Use of “Marijuana” or “Cannabis”: Allowed in signage and electronic advertising.
- Restrictions on Outdoor Signage: Cannot use slang terms for cannabis or images representing cannabis use or products.
- Compliance with Local Ordinances: Outdoor signage must comply with local regulations.
- Age Verification for Web Pages: Measures must be in place to verify web page visitors are 21 and over.
- Private Social Media Accounts: Social media accounts that advertise cannabis or cannabis products must be private and include a clearly visible notice that only people 21 or older may follow the account.
- Location-Based Marketing Restrictions: Advertising directed toward location-based devices, including mobile phones, is prohibited unless users affirmatively opt in to receive push notifications related to cannabis or cannabis products.
- QR Code Age Verification: Electronic advertisements using QR codes must use appropriate measures to verify that visitors to the linked webpage are 21 or older.
- No Unsolicited Internet Advertising: Includes pop-ups and push notifications.
- No Traditional Media Advertising: Prohibits TV, radio, and print advertising.
- No Claims of Safety: Cannot assert products are safe without specifying testing by a licensed lab.
- Billboard Use Prohibited: Cannabis businesses cannot use billboards for advertising.
- Youth Appeal Restrictions: No use of images or objects appealing to youth, such as toys or cartoon characters.
- No Commercial Mascots: Prohibits use of mascots near cannabis businesses to attract attention.
- Informational Pamphlets and Business Cards: Allowed for use at trade conferences and as business cards.
- Claims of Laboratory Testing: Businesses may state that products have been tested by licensed laboratories.
- Truthfulness: Advertising cannot contain false or misleading statements or illustrations.
- Responsible Consumption: Advertising cannot promote overconsumption of cannabis or cannabis products.
- No Depiction of Consumption: Advertising cannot depict the actual consumption of cannabis or cannabis products.
- No Child-Appealing Advertising: Advertising cannot depict a person under 21 consuming cannabis or use toys, characters, cartoons, mascots, action figures, balloons, or other imagery designed to appeal to or encourage cannabis consumption by people under 21.
- Audience Age Restrictions: Cannabis cannot be advertised in a publication, on radio or television, or through another medium if 30% or more of the audience is reasonably expected to be under 21.
- Location Restrictions: Advertising cannot be placed within 1,000 feet of a public or private school, playground, public park, or library, subject to an exception for advertisements that predate the sensitive location.
- Public Transportation: Advertising cannot be placed on or inside a motor vehicle used for public transportation or at a public transportation shelter.
- Event Advertising: Advertising is prohibited at sporting events where people under 21 are allowed and at entertainment events where 30% or more of attendees are reasonably expected to be under 21.
- Free or Donated Products: Cannabis establishments cannot advertise or offer cannabis or cannabis products as “free” or “donated” without a purchase.
- Mandatory Advertising Warnings: Cannabis advertising must include “Keep out of reach of children” and “For use only by adults 21 years of age and older.”
- Business Identification: Advertising must include the name of the cannabis establishment and its license number or another unique identifier assigned by the Cannabis Compliance Board.
- Local Regulations: Local governments may adopt more restrictive cannabis advertising rules covering matters such as the number, location, and size of signs and certain advertising content.
- Minimum Audience Age: Advertisers must have reliable evidence that at least 50% of the audience is reasonably expected to be 21 or older.
- Mandatory Warning: Advertisements must include: “This product contains cannabis. For use only by adults 21 years of age or older. Keep out of the reach of children.” Advertisements limited to the name, contact information, and location of a licensed cannabis business are exempt from this warning requirement.
- State License Disclosure: Advertisements by licensed cannabis businesses must disclose that the facility is licensed by the State of New Jersey.
- Underage Appeal Prohibited: Advertising cannot target or appeal to individuals under 21, including depictions of people under 21 consuming cannabis or the use of toys, characters, cartoons, or other imagery designed to appeal to people under 21.
- Television and Radio Advertising: Cannabis advertising on television and radio is permitted only under limited circumstances established by the Cannabis Regulatory Commission.
- Proximity Restrictions: Cannabis products or paraphernalia cannot be advertised within 200 feet of elementary or secondary school grounds. This restriction does not apply to advertisements within a cannabis retailer’s premises.
- Location-Based Advertising: Advertising directed toward location-based devices is permitted only through a mobile app installed by a device owner who is 21 or older. The app must include a permanent, easy opt-out feature and warnings that cannabis use is restricted to people 21 or older.
- Event Restrictions: Cannabis businesses cannot sponsor or advertise at charitable, sporting, musical, artistic, cultural, social, or similar events unless there is reliable evidence that no more than 20% of the audience is expected to be under 21.
- Billboard and Public Space Restrictions: Billboards are prohibited unless located on the real property where the cannabis business is located. Advertising on signs or placards at arenas, stadiums, shopping malls, certain fairs, and video game arcades is prohibited unless the location is restricted to people 21 or older.
- No False Safety Claims: Advertising cannot suggest cannabis is safe solely because it is regulated by the Cannabis Regulatory Commission or tested by a licensed testing laboratory.
- Overconsumption: Advertising cannot promote rapid consumption or overconsumption of cannabis.
- Truthfulness: Advertising cannot contain deceptive, false, or misleading statements or illustrations.
- Exterior Advertising: Exterior advertising and signage are subject to state advertising restrictions and applicable municipal requirements.
- Commercial Mascot Prohibition: Commercial mascots cannot be used outside a cannabis business to attract attention.
- Visibility from Exterior: Cannabis products and paraphernalia cannot be displayed so they are clearly visible from outside the licensed premises.
- Price Advertising: Cannabis retailers may provide catalogs or lists of cannabis products and prices, subject to New Jersey’s advertising requirements.
- No Promotional Merchandise: Cannabis businesses cannot offer or distribute promotional items such as clothing, cups, or other merchandise bearing cannabis symbols or references as part of advertising or promotional activities, subject to the regulatory exceptions for permitted merchandise.
- Responsible Identification: Ads must clearly identify all responsible licensees.
- Audience Age Expectation: Print and digital advertising may only be placed where at least 70% of the audience is reasonably expected to be 21 or older, based on reliable, current audience composition data.
- Mandatory Statements and Warnings: Public-facing advertising must conspicuously include “Please Consume Responsibly” and required warnings covering 21+ use, keeping cannabis away from children, FDA non-approval, driving or operating machinery, and potential long-term health effects, including risks during pregnancy or breastfeeding.
- Restricted Media Channels: Advertising is prohibited on radio, television or other broadcast media, internet pop-ups, and mass transit vehicles, except on subscription-based broadcast media where subscribers are 21 or older or when advertising has been solicited by people 21 or older.
- No Deceptive Practices: Advertising cannot be deceptive, misleading, false, or fraudulent.
- Health Claim Restrictions: No unproven health benefit claims without substantial evidence or data.
- Distance from Sensitive Areas: No visual media advertising within 300 feet of schools, daycare centers, or churches.
- No Appeal to Minors: No use of symbols, images, or celebrity likenesses that appeal to minors.
- Predatory Marketing: No targeting of minors.
- Brand Mimicry: Cannot mimic non-cannabis product brands.
- Overconsumption: No promotion of overconsumption.
- Consumption Depiction: No depiction of actual consumption.
- Child Appeal Restrictions: Branding must not appeal to children, including no cartoons or resemblance to non-cannabis products marketed to minors.
- Not Considered Advertising: Branding is not classified as marketing or advertising activity and is exempt from the warnings and statements required for advertising.
- Branding Allowances: Brand promotion through name, logo, or design is allowed without the advertising warnings.
- False or Misleading: No false, deceptive, or misleading advertising. Advertising also cannot misrepresent adult-use cannabis as medical cannabis or cannabinoid hemp.
- Overconsumption: Cannot promote excessive or rapid consumption, including messaging that encourages consumers to exceed recommended serving sizes.
- Consumption Depiction: No depiction of cannabis consumption or imagery, sounds, or actions associated with smoking or vaping.
- Minor Appeal: Advertising must not appeal to people under 21. Cartoons, mascots, children’s or cartoon voices, toys, games, animals, balloons, superheroes, video game references, race cars, dinosaurs, imaginary characters, and branding that mimics products commonly associated with children, such as candy, soda, cookies, or cereal, are prohibited. Anyone depicted in cannabis advertising must be at least 25 years old.
- Proximity Restrictions: No advertising within, or readily observable within, 500 feet of elementary or secondary school grounds or community facilities such as childcare centers, playgrounds, recreation centers, public parks, or libraries.
- Public Transit and Property: No advertising in or on public transit vehicles or stations, and no advertising on publicly owned or operated property.
- Medical Claims and Potency: Cannot make medical or wellness claims, portray adult-use cannabis as medical cannabis, or promote potency as a selling point. THC concentration may be stated, but it cannot be emphasized in a way that suggests a product is better or stronger because of higher potency.
- Discounts and Promotions: Percentage-off deals, dollar-off discounts, coupons, loyalty programs, and bundled discounts are allowed, provided the promotion does not result in cannabis being sold below market value. Free cannabis, giveaways, and “buy one, get one free” promotions are prohibited. Retail tax must be calculated using the pre-discount price.
- Deal Advertising Channels: Promotional pricing may be advertised inside the licensed premises. Outside the premises, promotions may be advertised through email, SMS, mailers, the licensee’s official website, and approved third-party websites where the audience is limited to people 21 and older. Promotional pricing cannot be affixed directly to cannabis product packaging or labels.
- Billboards and Vehicles: Billboard advertising is prohibited, and vehicles cannot be used as moving billboards.
- Outdoor Signage: Allowed outdoor signage is limited to the licensee or business name, dispensary address, phone number, email, website, directions, and licensed activity. Billboards remain prohibited, and signs are restricted in stadiums, sporting venues, certain fairs, video game arcades, and shopping malls unless access is limited to people 21+. The previous two-sign limit has been removed.
- Mandatory Disclosures: Most visual and audiovisual advertisements must include the licensee name and license number, the required 21+ consumer warning, one rotating health warning, and New York State HOPEline information. Audio-only advertisements have separate warning requirements.
- Brand Representatives: Brand representatives are permitted under Part 129 and are exempt from certain required advertising disclosures, but must comply with all other applicable marketing and advertising rules. Licensees must provide their license number upon request when using a brand representative.
- Audience Age Verification: For advertising at events, in print media, on television, radio, or through electronic communications, the proportion of the audience age 21+ must meet or exceed the current proportion of New York State residents who are 21 or older, based on the latest U.S. Census Bureau data. Licensees must maintain documentation supporting audience composition.
- False or Misleading Advertising: Cannot make false, misleading, or deceptive statements.
- Content Restrictions: Cannot depict cannabis consumption, encourage excessive or rapid consumption, promote cannabis as having curative or therapeutic effects without appropriate support, or suggest cannabis is safe because it is regulated or tested.
- Appeal to Minors: Cannot use cartoons, characters, imagery, or other content designed to appeal to individuals under 21.
- Location Restrictions: Advertising is prohibited within 500 feet of schools, playgrounds, public parks, libraries, or places of worship.
Billboards and - Public Property: Advertising is prohibited on billboards and property owned or controlled by the state or a political subdivision.
- Promotions and Giveaways: Cannot advertise free cannabis or prohibited giveaways or inducements
- No Misleading Statements: Cannot contain deceptive, false, or misleading statements.
- No Underage Targeting: Cannot target individuals under 21, including images or references appealing to minors.
- No Encouragement of Illegal Activity: Cannot encourage interstate transportation or any illegal activities related to cannabis.
- No False Safety Claims: Cannot assert safety due to regulation or testing, nor imply government endorsement.
- Therapeutic Claims: Cannot make curative or therapeutic claims unless they are supported by the totality of publicly available scientific evidence, including well-designed studies and significant scientific agreement among qualified experts.
- No Consumption Display: Cannot display the consumption of cannabis items.
- No Promotion of Intoxication: Should not encourage use for intoxication effects.
- No Excessive Consumption: Should not encourage overconsumption or rapid consumption.
- Truthful Information: Licensees must not make misleading statements on any materials or signs provided to consumers.
- Mandatory Statements: Print, billboard, television, radio, and internet advertising must include warnings stating not to operate a vehicle or machinery under the influence, that cannabis is for adults 21 and older, and to keep it out of reach of children. The warnings must be legible to the viewer.
- Handbill Restrictions: No advertising through handbills in public areas, including parking lots and publicly owned property.
- Audience Composition for Media Ads: Television, radio, billboard, print, and internet advertising requires reliable evidence that no more than 30% of the audience is reasonably expected to be under 21.
- Web Page Age Verification: Websites advertising cannabis must use appropriate measures to verify that visitors are over 21.
- Location-Based Marketing: Direct marketing to location-based devices is allowed only with a mobile app owned by someone over 21, including an easy opt-out feature.
- Allowed Advertising Media: Online media including video ads, social media, and pop-up ads; broadcast media including radio, television, and film; print media including newspapers, magazines, and direct mail; outdoor media including billboards and street furniture. Online advertising must only be accessible to people 21 or older.
- Mandatory Ad Components: Must include the required universal symbol in color, cannabis establishment license number, and an age restriction notice stating it is “For Ages 21+ and medical cannabis patients.”
- No Therapeutic Claims: Cannot suggest cannabis has curative or unproven therapeutic effects.
- No Targeting Minors: Must not appeal to those under 21, including avoiding cartoons, toys, animal characters, fluorescent or neon colors, images of minors, and similar content.
- No Display of Consumption: Cannot show the consumption, use, or transfer of cannabis or cannabis products.
- No Excessive Consumption Encouragement: Cannot contain material that promotes overuse.
- No Combination with Substances: Cannot be combined with content related to alcohol, nicotine, or other regulated or controlled substances.
- No Depiction of Impaired Activities: No showing activities under the influence or depicting pregnant or breastfeeding persons.
- School Proximity Restrictions: Advertising cannot be displayed or distributed within 500 feet of a pre-existing public or private K-12 school.
- No Trademark Violations: Must comply with state and federal trademark laws and regulations.
- Audience Age Expectation: Must take reasonable measures to target media where at least 85% of the audience is expected to be 21 and over, using reliable, current audience composition data.
- Third-Party Advertising: If a third party uses a cannabis establishment’s brand, trademark, name, location, or other identifying information in a noncompliant advertisement, the establishment must notify the Commission and issue a cease-and-desist notice.
- No Misleading Content: Cannot be deceptive, false, or misleading.
- No Promotion of Overconsumption: Cannot promote excessive use.
- No Curative Claims: Cannot represent cannabis as having healing effects.
- No Free Samples: Cannot offer free cannabis samples.
- No Minors: Cannot depict anyone under 21 consuming cannabis.
- No Appeal to Minors: Should not be designed to appeal to those under 21.
- Audience Age Limit: Can only advertise in mediums where the audience under 21 is no more than 15%.
- Mandatory Health Warnings: Ads must contain health warnings set by the Cannabis Control Board in consultation with the Department of Health.
Pre-Dissemination Approval: Ads must be submitted to the Board before being disseminated. The Board may mandate specific, clear, and conspicuous disclosures if the ad could be misleading without them, and require changes to protect public health or ensure information consistency. The Board currently responds to complete advertising submissions within five business days; if no response is received, the establishment may publish the ad as submitted starting on day six.
- Marketing Limits: Can market but avoid false claims, targeting minors, suggesting cannabis is candy, promoting excessive consumption, or implying state endorsement.
- Audience Age: Ads must target groups where 85 percent are 18 and older. Television and radio ads are only allowed during regular school hours.
- Ad Content Rules: Ads must identify the medical cannabis facility and state that cannabis products are for use by patients only. Health, safety, or therapeutic claims must be supported by substantial, current clinical evidence or data and include information about associated side effects or risks.
- Prohibitions: No appealing to minors, no coupons or giveaways of free cannabis products, no misleading health claims, and no merchandise displaying anything other than the facility name and contact information.
- Online Presence: Websites and social media sites are allowed but must use a neutral age-screening mechanism to verify users are at least 18 years old.
- Education Allowed: Can provide educational materials to the public, following guidelines.
- Signage Rules: Outdoor cannabis product advertising cannot be placed within 500 feet of a school or daycare, playground or similar child-centered facility, or substance use disorder treatment facility. Outdoor signage must also comply with local and state requirements.
- Public Spaces: No cannabis product advertising can be visible from a street, sidewalk, park, or other public place.
General Advertising Rules: All advertising must avoid false or misleading statements and promote responsible consumption, avoiding overconsumption claims. No therapeutic or curative effect claims allowed. Cannot target or appeal to individuals under 21, including using imagery like cartoons, toys, or movie characters likely to attract minors. Advertising also cannot portray alcohol, tobacco, nicotine, or an association with motor vehicles, or mimic state agency logos or messaging without approval.
Outdoor and Specific Media Restrictions: Cannabis advertisements are not permitted within 1,000 feet of schools, playgrounds, recreation centers, child care centers, public parks, libraries, or game arcades that allow people under 21, unless the distance requirement has been reduced by local ordinance. Restrictions apply to advertising on private and public vehicles, public transit vehicles and shelters, bus stops, taxi stands, transportation waiting areas, train stations, airports, and similar transit locations. All advertising, except trade name signs, must state that cannabis products may only be purchased or possessed by individuals 21 and over. Advertising aimed at out-of-state persons is prohibited.
Outdoor Advertising Details: Retail cannabis businesses can display up to four advertising signs, no larger than 1,600 square inches each, on the side of the building with the main entrance. Businesses may also use up to two trade name signs and billboards subject to applicable restrictions. Outdoor signs and billboards are limited to the business or trade name, location, and type or nature of the business and cannot depict cannabis plants or products. Signs visible from the exterior must adhere to outdoor advertising standards.
Content Requirements for All Advertising: Except for outdoor advertising, ads must include warnings about the intoxicating and potentially habit-forming effects of cannabis, impairment when operating a vehicle or machinery, potential health risks, adult use only, and keeping cannabis out of reach of children. The warnings must be at least 10% of the largest type used in the advertisement.
Marketing Regulations for Medically Legal States
- Submission to Commission: All names, logos, advertisements, and marketing campaigns must be submitted to the Medical Cannabis Commission, including details like formats, mediums, distribution lengths, and assurances that real patients are not used in advertisements. The Commission has 21 days to review submitted materials and may require disclosures, changes, or prohibit use. If no action is taken within 21 days, the material may be used, but the Commission still retains authority to restrict or revoke approval later.
- Prohibited Advertisement Placements: No advertising within 500 feet of areas that might target or attract minors. No advertising on billboards, radio, television, public transit vehicles, or publicly-owned property.
- Content Restrictions: No appeals to minors, including cartoon characters or images appealing to youth. Cannot suggest relationships to edibles or beverages, target minors, or indicate government approval or endorsement. No false or misleading statements, use of slang, or claims of health benefits without substantial clinical data.
- Website and Web Presence: Must verify users are not minors before allowing access. Can’t allow direct engagement among consumers or content that appeals to minors. No business transactions or sales facilitation online.
- General Prohibitions for Licensees: External signage restrictions apply, including size and illumination limits. No sale or distribution of related clothing or apparel except for employee identification. No advertisement of medical cannabis brand names or related graphics on building exteriors or vehicles. Medical cannabis products or paraphernalia must not be visible from the exterior of the facility.
- Cultivation Facility and Processor Marketing: Prohibited from public advertising. However, allowed to market products directly to dispensaries and services directly to licensed facilities, solely targeting those businesses without public access. Banned use of medical or pharmacy-associated symbols in advertising, including crosses and caduceus.
- Dispensary Advertising Guidelines: Must not include misleading statements or target children through cartoons, toys, or similar imagery. Cannot encourage crossing state lines with medical cannabis, display consumption, promote cannabis as an intoxicant, or encourage excessive use. Required inclusion of specific advisories on all advertising: usage by qualified patients only, potential harms during pregnancy or breastfeeding, lack of FDA approval, and caution against operating vehicles or machinery under influence.
- Content and Location Restrictions: Advertising within 1,000 feet of a public or private school or daycare center, on public transit vehicles or shelters, or on publicly-owned property is prohibited. Dispensaries must avoid advertising via television, radio, print, or internet unless assured that no more than 30% of the audience is reasonably expected to be under 18. Dispensaries must provide audience composition evidence upon request.
- Promotional Restrictions: Coupons, rebates, or promotions related to medical cannabis purchases are forbidden unless part of a compassionate care plan approved by the Medical Marijuana Commission.
- Content Restrictions: Cannot use packaging or labeling that promotes overconsumption, depicts anyone under 21 consuming cannabis, or is especially appealing to people under 21, including cartoon characters, toys, animals, cartoon-like fonts, designs that resemble non-cannabis consumer products, youth-oriented celebrities or symbols, or the words “candy” or “candies.”
- Misleading Statements and Health Claims: Prohibits any statements known to be false or misleading regarding the price, ingredients, source, or manufacturer of medical cannabis, as well as health benefits. Forbids any statements that encourage the use or purchase of medical cannabis without a registration card.
- Public Visibility Restrictions: Prohibits medical cannabis advertising that is visible from streets, sidewalks, parks, or any public places, with specific exceptions.
- Dispensary Signage: Dispensaries can display a sign outside or in the window with the business name, trade name, or logo approved by the department. Names and logos cannot appeal to children or promote recreational cannabis use.
- Internet Advertising Conditions: All online ads must receive department approval before being published. Ads cannot target children or suggest recreational cannabis use. Bans unsolicited pop-up internet ads. Marketing communications must allow users to easily opt-out permanently.
- General Advertising Prohibitions: Dispensaries are barred from advertising in any form of media, including broadcast and electronic media such as radio, television, internet, and social media; print media including newspapers, magazines, and billboards; public transit vehicles and shelter placards.
- Permitted Information Sharing: Dispensaries can share general information like contact details, location, and a product list with descriptions as specified by certain regulations, via a website or private messaging upon individual request.
- Public Display Restrictions: Cannabis or cannabis products must not be displayed in windows or any area visible to the public.
- Use of Specific Words: The terms “candy” and “candies” are not allowed in any advertising, product lists, or product menus.
- Health Claims: Dispensaries and their staff are prohibited from making unsubstantiated, false, or misleading health or benefit claims about their products.
- Content Restrictions: Advertising, signage, product menus, and other permitted marketing materials cannot depict cannabis use, smoking, children, celebrities or influencers, cartoons primarily appealing to children, or products that could be confused with commercially available food or candy.
- General Advertising Guidelines: Cannabis businesses are restricted from advertising medicinal cannabis sales across print, broadcast, online, and other methods, with specific exceptions.
- Allowed Advertising: Signs on business property, business directory listings, trade or medical publication listings, sponsorship of health or not-for-profit events, and informational websites and social media presence are allowed.
- Facility Signage Restrictions: Cultivators, processors, and producers can’t display external signs or logos indicating cannabis activities within their facilities.
- Truthfulness in Advertising: All advertising must avoid deceptive, false, or misleading statements.
- Web and Social Media Presence: Cannabis businesses can maintain websites and social media for describing their services and products, providing educational materials, and displaying product information, prices, permitted inducements, and certificates of analysis. Contact information and a list of dispensaries where their products are sold can also be provided. Businesses must report all web and social media accounts to the Cabinet for Health and Family Services and ensure the Cabinet’s access is not blocked. Prohibited content includes anything deceptive, targeting individuals under 18, promoting illegal activities, or depicting cannabis consumption in a manner that does not provide an educational benefit. Websites and social media must clearly state: “Medicinal cannabis is for use by cardholders only” and “Keep out of reach of children.” Age verification measures for users are required.
- Non-Compliant Advertising Removal: Cannabis businesses must remove any advertising deemed non-compliant by the Cabinet upon written notice.
- B2B (Business-to-Business) Advertising: Direct promotion of cannabis businesses, services, and products is permitted only to other licensed cannabis entities. Safety compliance facilities can promote their testing services exclusively to other cannabis businesses.
- General Advertising Restrictions: Cannabis retailers are restricted to advertising solely through a single internet website and signage on their premises. Advertising through public media is explicitly banned. This includes newspapers, billboards, television, radio, social media, and any internet site other than the designated single website for the retailer.
- Signage Guidelines: Retailers may have up to two external signs attached to their premises. Signs are limited to displaying the business or trade name. Each sign’s size cannot exceed 1,600 square inches.
- Restrictions on Advertising and Marketing: Licensed entities are strictly prohibited from advertising in all forms of media, including broadcast or electronic media, such as radio and television; and print media like newspapers. There are also comprehensive bans on mass communication methods, including mass text or messaging communications and mass email communications.
Visibility and - Public Space Restrictions: Cannabis products must not be displayed in windows or any public view. Advertisements should not be viewable from or in public spaces, including, but not limited to “Adopt a Highway” signs and electronic interstate signs.
- Content Restrictions: Advertising cannot depict cannabis consumption, promote overconsumption, make health, medicinal, therapeutic, or safety claims, include images of cannabis leaves or buds, or use images designed or likely to appeal to minors, including cartoons, toys, animals, or children.
- Paid Endorsements: Solicited or paid patient, caregiver, or practitioner reviews, testimonials, or endorsements are prohibited.
- Advertising and Marketing Regulations: Nebraska’s current medical cannabis regulations do not establish specific advertising or marketing requirements for registered cannabis establishments.
- Promotional Giveaways: Dispensaries cannot give away or transfer cannabis as part of a promotional event.
- Cultivator Signage: Licensed cultivators must display signage visible from the road at the primary entrance to the cultivation facility. The sign must include the business name, physical address, phone number, and cultivator license number and comply with applicable county regulations and local ordinances.
- Advertising Restrictions: Medical cannabis businesses can’t advertise cannabis products or services widely.
- Business Identification: Using business name and logo are allowed, excluding medical symbols, cannabis or cannabis product imagery, paraphernalia, or colloquial references to cannabis or marijuana.
- Exterior Signs: Allowed on the cannabis business’ property, but no flashing lights, and the building cannot be illuminated when closed. No signs at cultivation/processing locations.
- Directory Listings: Listings in business directories and search engines are allowed.
- Website and Social Media: Businesses may have websites and social media with specific cannabis business information, all of which must be age-restricted. Social media that cannot be age-restricted is prohibited. Websites and social media may include product availability, prices, discounts, and educational information, but commercial cannabis strain names cannot be used on social media.
- Email Communication: Emailing current patients, caregivers, visiting qualifying patients, and consenting non-minor adults with allowed information is permitted. Direct mail and text messaging are also allowed for these audiences.
- Educational Engagement: Communication for educational purposes with healthcare providers and community leaders is allowed.
- Community and Media Engagement: Businesses may participate in interviews with radio, print, television, and podcasts; host or participate in public events; and engage in cannabis industry-specific print media or events for educational purposes or to promote charitable partnerships.
- Prohibited Advertising Practices: Allowed marketing activities cannot be specifically directed to minors or to people 25 or younger who are not qualifying patients or caregivers. Businesses must make reasonable efforts to limit their exposure to these audiences.
- Business Identity Display: Dispensaries can display their business name and logo on various materials provided to patients and caregivers, excluding cannabis images or paraphernalia, slang references to cannabis, strain names, and medical symbols similar to established medical associations.
- Website Content for Dispensaries: Websites are allowed to include facility name and contact info, operating hours, available products and pricing, and additional department-approved information.
- Manufacturing Facility Branding: Allowed to display their name and logo with the same restrictions as dispensaries.
- Website Content for Manufacturing Facilities: Can include facility name, phone number, and other approved information.
- Dispensing Rules: Dispensaries can only dispense cannabis to registered patients or caregivers, strictly prohibiting free distribution.
- Marketing Approval: Any marketing or advertising not explicitly allowed requires department approval. The division has up to 30 days to approve or deny submitted materials. Until approval is granted, the materials may not be used.
- Strain and Brand Names: Manufacturing facilities cannot use strain or brand names containing words that refer to products commonly associated with or marketed to minors, or names that are false or misleading.
- General Prohibition: Cannabis commercial licensees must not disseminate advertising with materials prohibited under Oklahoma law.
- Content Restrictions: Ads must not contain statements or material that is false, misleading, or deceptive; suggestive of unlicensed medical cannabis commercial services; encouraging overconsumption; claiming curative or therapeutic effects; depicting minors consuming cannabis; featuring items like toys, cartoons, or images appealing to children; designed to appeal to those under 18 years of age; implying medical marijuana is grown out of state or causing confusion about its origin.
- Misleading Information: Specifically prohibited misleading information includes claiming the cannabis product is “organic” without official authorization or stating “pesticide-free” unless completely devoid of pesticides.
- Federal Consistency: Advertising and marketing practices must align with federal regulations on prescription drug advertising.
- Department Approval: All promotional, advertising, and marketing materials must receive prior approval.
- Exception for B2B Communications: Rules do not apply to product listings provided by growers/processors to dispensaries detailing available products for sale.
- Promotional Restrictions: Medical cannabis cannot be advertised as a promotional item, as part of a giveaway, or as part of a coupon program
- Usage Statement: All advertisements must clearly state “For medical use by qualifying patients only.”
- Identification Requirement: All advertisements must include the medical cannabis establishment’s official identification number.
- Enforcement: Any nonconforming advertisement is a violation of state law. Upon notification by the Department, establishments must cease and remove the advertisement (from websites, social media, mobile apps, or signs) within 48 hours. Failure to comply is treated as a serious and knowing violation under SDCL chapter 34-20G.
- Advertising Restrictions: Advertising is prohibited on signs or billboards, except for dispensary signs on their own premises; through handbills in public areas or on publicly owned property; through publications, except within a dispensary’s premises; and through radio, television, and other media, excluding the establishment’s website or social media account.
- Direct Marketing: Direct mail, phone, text, or email advertising is allowed only after verifying the recipient is a cardholder or medical cannabis establishment and must include a permanent opt-out feature.
- Target Audience: Advertising must be targeted as directly as possible to other medical cannabis establishments, cardholders who are 21 or older, and readers of medical publications. Advertising cannot target non-cardholders, individuals under 21, practitioners, or health care facilities, except through medical publications.
- Website and Social Media: Advertising on websites, social media, or mobile applications must verify that the recipient is not an age-restricted cardholder and include a permanent opt-out feature.
- Content Restrictions: Advertising cannot contain deceptive, false, or misleading statements; depict cannabis consumption; encourage illegal activity; make curative, therapeutic, health, or physical benefit claims; encourage excessive or rapid consumption; or claim cannabis is safe because it is regulated, tested, or endorsed by a government agency. Advertising also cannot depict or refer to candy or use trademarks or parodies associated with non-cannabis products.
- General Advertising Restriction: Cannabis production establishments are prohibited from advertising to the general public in any form.
- Employment Advertising: Advertising for employment opportunities at cannabis production establishments is permitted.
- Website Maintenance: Allowed to contain information about the establishment and employees. Cannot advertise medical cannabis, cannabis products, or medical cannabis devices.
- Exterior Signage: Signage on the outside of the establishment may include the establishment’s name, logo, and hours of operation, and a green cross. Must comply with local signage ordinances.
- Educational Events: Can hold educational events for the public or medical providers with specific restrictions: no topics can conflict with relevant laws, only educational materials can be distributed, no gift items or merchandise, no marketing for specific products, and presenters must be licensed professionals or state employees.
- Targeted Marketing: Cannabis processing facilities may engage in targeted marketing for specific medical cannabis products, devices, or brands in accordance with Utah law.
Non-Legal Cannabis States
Idaho
Kansas
In states where cannabis remains illegal for both medical and adult use, there is no legal state-licensed cannabis market to advertise to consumers. Cannabis brands should avoid marketing that offers cannabis for sale, encourages unlawful purchases, or directs consumers to obtain cannabis in violation of state law.
Here’s a general overview:
- Marketing in Non-Legal States: Cannabis businesses should not market or advertise cannabis for sale or distribution within states where those activities remain illegal.
- General Guidelines:
• No Promotion of Illegal Sales: Marketing should not offer cannabis for sale, solicit purchases, or direct consumers to obtain cannabis in violation of state law.
• Educational Content: Brands may publish general educational or informational content, but it should not function as an offer or solicitation for an illegal cannabis transaction.
• Branding and Online Presence: A cannabis brand may maintain a general online presence, but content directed to residents of non-legal states should not promote unlawful cannabis purchases or distribution.
• Focus on Legal Markets: Paid and promotional campaigns should focus on jurisdictions where the advertised cannabis products and transactions are legal.
Marketing Regulations for States with Legal Low-THC and CBD
The 2018 Farm Bill established the federal framework for legal hemp production, but federal hemp rules are changing in 2026. State-specific laws also govern how hemp-derived cannabinoid products can be sold and marketed.
- Child Appeal Restrictions: Consumable hemp products cannot be advertised in a manner that is attractive to children.
Brand and Product Mimicry: Advertising cannot resemble existing candy, snack, or other food products widely distributed to the public or infringe on protected trade dress, trademarks, or branding. - Medical Cannabis Claims: Advertising cannot suggest that a consumable hemp product contains or constitutes low-THC oil, medical marijuana, or medical cannabis.
- Retail Business Representation: Retailers cannot advertise or represent themselves as selling or dispensing low-THC oil unless they hold the required dispensing license.
- Age Notice: Retail locations selling consumable hemp products must conspicuously post a notice stating that sales to individuals under 21 are prohibited by law.
*Indiana allows qualifying hemp and hemp-derived products containing no more than 0.3% delta-9 THC by weight. Indiana does not currently have specific advertising or marketing regulations for legal hemp or CBD products. General advertising and consumer protection laws still apply.
- Manufacturer Marketing Permissions: Can display business name and logo on medical cannabidiol products, signs, websites, and informational materials provided to patients. The name or logo should not include images of cannabis, paraphernalia, slang terms, strain names, unsubstantiated medical claims, or medical symbols similar to those of established medical organizations.
- Signage and Website: Manufacturers and dispensaries may display signs and maintain a website with their name, contact information, available medical cannabidiol forms and quantities, pricing, hours of operation, and other approved information.
- Content Restrictions: Advertising cannot contain false or misleading statements, target or appeal to children, encourage recreational use, promote unapproved forms of medical cannabidiol, make unsupported safety or efficacy claims, offer product-specific prizes or inducements, or imply government endorsement.
- School Proximity Restrictions: Advertising, marketing, and branded educational activities are prohibited within 1,000 feet of a school.
- Advertisement Submission: Medical cannabidiol advertisements must be submitted to the department at or before dissemination. The department may require disclosures or changes and may require a public advertisement to be amended or removed.
*North Carolina has yet to legalize cannabis for medical or recreational use. However, in June 2022, the state governor signed the North Carolina Farm Act of 2022 to legalize hemp and all CBD-infused products. As of now, there are no advertising/marketing laws on the books for cannabis products.
- False or Misleading Advertising: Advertising for hemp and CBD products cannot contain false or misleading statements.
- Material Information: Advertising can be considered misleading if it omits information that is material to the product’s use or the consequences of using it.
- Food and Cosmetic Advertising: False advertising of hemp or CBD products regulated as foods or cosmetics is prohibited.
- Youth Appeal Restrictions: Advertising and marketing cannot use trade dress, trademarks, branding, imagery, characters, or symbols known to appeal primarily to individuals under 21, including superheroes, comic book characters, video game characters, television or movie characters, or mythical creatures.
- Health Claims: Hemp-derived cannabinoid products cannot be labeled or marketed with health-related claims, including claims about diagnosing, curing, mitigating, or treating a disease or condition.
- Child-Resistant Packaging: Most hemp-derived cannabinoid products sold at retail must meet federal child-resistant packaging standards. Tennessee also sets product-specific limits on servings and total cannabinoid content, with separate requirements for beverages, cartridges, hemp flower, and smokeless pouches.
- Labeling and QR Codes: Products must include required ingredient, allergen, warning, cannabinoid-content, net-weight, expiration, and testing information. A QR code or permitted batch-number alternative must provide access to required batch and testing information, including the certificate of analysis.
- Retail Warning Signage: Retail areas displaying hemp-derived cannabinoid products must post signage clearly warning that the products may have intoxicating effects and cause impairment.
- Brand Registration: Each hemp-derived cannabinoid product brand distributed in Tennessee must be registered with the Tennessee Department of Revenue before distribution and renewed annually.
- THC Limits: Consumable hemp products may contain no more than 0.3% delta-9 THC on a dry-weight basis. Delta-8 THC is a controlled substance, except for naturally occurring trace amounts.
- Age Restrictions: Consumable hemp products cannot be sold or delivered to anyone under 21. Sellers must verify each purchaser’s age using valid government-issued identification.
- Child-Resistant Packaging: Consumable hemp products must be sold in tamper-evident and child-resistant packaging. Multi-serving products must also be resealable while maintaining the child-resistant mechanism.
- Labeling and COAs: Products marketed as containing cannabinoids must include required batch, product, manufacturer or processor, serving, and warning information. Labels must also include a conspicuous URL linking to the required certificate of analysis within three or fewer steps.
- Misleading Packaging: Packaging cannot mislead consumers into believing a product does not contain a hemp-derived cannabinoid or is intended for medical use.
- Online Retailers: Online retailers selling consumable hemp products into Texas must obtain a Texas DSHS Retail Hemp Registration.
- False or Misleading Advertising: Advertising for hemp and CBD products cannot contain untrue, deceptive, or misleading statements.
- Product Labeling: Packaged hemp flower and CBD products must identify the product, the responsible manufacturer, packer, or distributor, and the net quantity of the contents.
- Hemp Vaping Products: Hemp-containing electronic vaping devices must be certified to the Wisconsin Department of Revenue and listed in the state directory before they can be sold. Certification requires a certificate of analysis showing the device contains hemp and no nicotine.
- THC Limits: Hemp and hemp products cannot contain more than 0.3% THC on a dry-weight basis and cannot contain synthetic substances.
- Legal Hemp Products: The possession, purchase, sale, transportation, and use of qualifying hemp and hemp products are allowed under Wyoming law.
Hybrid knows how to navigate these complicated cannabis marketing laws. Contact us today, and we’ll steer your strategy in the right direction!
