Marketing and advertising for cannabis are unlike any other industry. From laws regulating image and word choice to including multiple mandatory warning labels across packaging, it’s a complex process regardless of the state you operate in.

To help, we put together a list of rules and regulations from the biggest state markets that cannabis operators must follow for digital marketing. Cannabis brands must be conscious of these rules to ensure their creative assets are compliant. The blog is not a comprehensive list but a baseline to give cannabis brands awareness of the level of regulations they face.

Digiphy offers cannabis businesses a compliant digital marketing solution centered around storytelling and consumer education. Take your consumers beyond the label, product packaging, exit-packaging, event, display, and dispensary screen, and turn static surfaces into an always-on digital marketing channel.

Disclaimer: This is not an exhaustive list of all advertising rules that cannabis businesses in these states must follow. Nothing in this blog should be interpreted as legal advice. The regulations listed were last updated on 12/20/2022.

California

Digital-Marketing Specific Rules

• Any advertising or marketing placed in broadcast, cable, radio, print, and digital communications:some text
  • May only be displayed after a licensee has obtained reliable, up-to-date audience composition data demonstrating that at least 71.6 percent of the audience viewing the advertising or marketing is reasonably expected to be 21 years of age or older.
  • May not use any depictions or images of minors or anyone under 21 years of age.
  • May not use any images that are attractive to children, such as:some text
    • Cartoons
    • Any likeness to images, characters, or phrases that are popularly used to advertise to children
    • Any imitation of candy packaging or labeling
    • “Candy” or “candies” or variants such as “kandy” or “kandeez”
  • May not advertise free cannabis goods or cannabis accessories.

General Advertising Rules

• Licensees may not market or advertise cannabis goods that are labeled as beer, wine, liquor, spirits, or any other term used to describe a type of alcohol or alcoholic beverage.
• Licensees may not give away any amount of cannabis or cannabis products, or any cannabis accessory, as part of a business promotion.
• Licensees may not hold a raffle or sweepstakes as part of a business promotion.
• Advertising or marketing must use age affirmation to verify the recipient is 21 years of age or older.
• All advertisements and marketing must identify the licensee responsible for its content, by adding, at a minimum, the licensee’s license number.
• Advertising may not be false or untrue.
• Advertising or marketing may not contain any statement, design, device, or representation which tends to create the impression that the cannabis originated in a particular place or region, unless the label of the advertised product bears an appellation of origin, and such appellation of origin appears in the advertisement.
• Advertising may not encourage persons under 21 years of age to consume cannabis or cannabis products.
• Advertising or marketing may not contain any health-related statement that is untrue in any particular manner or tends to create a misleading impression as to the effects on health of cannabis consumption.

Sources: California Department of Cannabis Control Rules & California Business and Professions Code

Colorado

Digital-Marketing Specific Rules

• Marijuana businesses may advertise in television, radio, a print publication, or via the internet only where at least 71.6 percent of the audience is reasonably expected to be at least the age of 21.
• Marijuana businesses may 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.
• Marijuana businesses may not utilize unsolicited pop-up advertising on the internet.

General Advertising Rules

• Medical marijuana businesses are prohibited from specifically directing advertising and marketing to persons under 21 years of age.
• Marijuana businesses may not engage in advertising that is deceptive, false, or misleading.
• Marijuana businesses advertising concentrate must include a notice to patients or consumers regarding the potential risks of concentrate overconsumption.
• No marijuana business may engage in advertising or utilize signage that asserts its products are safe because they are regulated by the State Licensing Authority or because they are tested by a regulated marijuana testing facility.
• Marijuana businesses may not include in any form of advertising or signage any content that specifically targets individuals under the age of 21, including but not limited to cartoon characters or similar images.

Source: Colorado Marijuana Enforcement Division Rules

‍

Michigan

Digital-Marketing Specific Rules

• 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 21 for adult-use products or under the age of 17 for medical products.

General Advertising Rules

• 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.
• 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.
• Medical marihuana products must be marketed or advertised as “medical marihuana” for use only by registered qualifying patients or registered primary caregivers.
• Medical marihuana products must not be marketed or advertised to minors aged 17 years or younger. Sponsorships targeting individuals aged 17 years or younger are prohibited.
• Adult-use marihuana products must be marketed or advertised as “marihuana” for use only by individuals 21 years of age or older.
• Adult-use marihuana products must not be marketed or advertised to individuals under 21 years of age. Sponsorships targeting individuals under 21 years of age are prohibited.

Source: Michigan Cannabis Regulatory Agency Rules

Illinois

Digital-Marketing Specific Rules

• Cultivation centers may not advertise through any public medium, including but not limited to newspapers, television, radio or any means designed to market its products to the public.

General Advertising Rules

• No cannabis business may engage in advertising that contains any statement or illustration that:some text
  • is false or misleading;
  • promotes overconsumption of cannabis or cannabis products;
  • depicts the actual consumption of cannabis or cannabis products;
  • depicts a person under 21 years of age consuming cannabis;
  • makes any health, medicinal, or therapeutic claims about cannabis or cannabis-infused products;
  • includes the image of a cannabis leaf or bud; or
  • 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 may encourage the sale of cannabis or cannabis products by giving away cannabis or cannabis products, by conducting games or competitions related to the consumption of cannabis or cannabis products, or by providing promotional materials or activities of a manner or type that would be appealing to children.

Source: Illinois General Assembly & Illinois Department of Agriculture

Massachusetts

Digital-Marketing Specific Rules

• Adult-use cannabis businesses may not advertise 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.
• Personal and institutional caregivers may not participate in paid advertising.
• Medical cannabis businesses may not advertise 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 or comprised of individuals with debilitating conditions, as determined by reliable and current audience composition data.

General Advertising Rules

• Adult-use cannabis advertising created for viewing by the public must include the statement "Please Consume Responsibly", in a conspicuous manner on the face of the advertisement and must include a minimum of two of the following warnings in their entirety in a conspicuous manner on the face of the advertisement:some text
  • "This product may cause impairment and may be habit forming.";
  • "Marijuana can impair concentration, coordination and judgment. Do not operate a vehicle or machinery under the influence of this drug.";
  • "There may be health risks associated with consumption of this product.";
  • "For use only by adults 21 years of age or older. Keep out of the reach of children."; or
  • "Marijuana should not be used by women who are pregnant or breastfeeding."
• Adult-use cannabis advertising must include the following warning, including capitalization: "This product has not been analyzed or approved by the Food and Drug Administration (FDA). There is limited information on the side effects of using this product, and there may be associated health risks. Marijuana use during pregnancy and breast-feeding may pose potential harms. It is against the law to drive or operate machinery when under the influence of this product. KEEP THIS PRODUCT AWAY FROM CHILDREN. There may be health risks associated with consumption of this product. Marijuana can impair concentration, coordination, and judgment. The impairment effects of Edibles may be delayed by two hours or more. In case of accidental ingestion, contact poison control hotline 1-800-222-1222 or 9-1-1. This product may be illegal outside of MA."
• The following advertising activities are prohibited for adult-use cannabis businesses:some text
  • Advertising that is deceptive, misleading, false or fraudulent, or that tends to deceive or create a misleading impression;
  • Advertising that utilizes statements, designs, representations, pictures or illustrations that portray anyone younger than 21 years old;
  • Advertising including, but not limited to, mascots, cartoons, and celebrity endorsements, that is deemed to appeal to a person younger than 21 years old;
  • Advertising, including statements by a licensee, that makes any false 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;
  • Advertising by a licensee that asserts that its products are safe, or represent that its products have curative or therapeutic effects, unless supported by substantial evidence or substantial clinical data;
  • Any advertising of an improper or objectionable nature including, but not limited to, the use of language or images offensive or disparaging to certain groups;
  • 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 business;
  • Advertising of the price of products, except on the store's website or in the store;
  • 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.

• A medical cannabis business may engage in reasonable advertising practices that do not jeopardize the public health, welfare or safety of the general public or promote the diversion of marijuana or marijuana use in individuals younger than 21 years old. Any such advertising created for viewing by the public must include the statement "Please Consume Responsibly", in a conspicuous manner on the face of the advertisement and shall include a minimum of two of the following warnings in their entirety in a conspicuous manner on the face of the advertisement:some text
  • "This product may cause impairment and may be habit forming";
  • "Marijuana can impair concentration, coordination and judgment. Do not operate a vehicle or machinery under the influence of this drug";
  • "There may be health risks associated with consumption of this product"; or
  • "Marijuana should not be used by women who are pregnant or breastfeeding".
• The following advertising activities are prohibited for medical cannabis businesses:some text
  • Advertising that is deceptive, misleading, false or fraudulent, or that tends to deceive or create a misleading impression;
  • Advertising, including statements by a licensee, that makes any false 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;
  • Use of unsolicited pop-up advertisements on the internet or text message; unless the advertisement is a mobile device application installed on the device by the owner of the device who is a qualifying patient or caregiver or 21 years of age or older and includes a permanent and easy opt-out feature;
  • Any advertising of an improper or objectionable nature including, but not limited to, the use of language or images offensive or disparaging to certain groups;
  • 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 business;
  • Advertising of the price of products, except on the business' website or in the store;
  • Advertising, marketing or branding including any statement, design, representation, picture, or illustration that encourages or represents the use of marijuana for any purpose other than to treat a debilitating medical condition or related symptoms.

Source: Massachusetts Cannabis Control Commission

‍

Compliant Cannabis Marketing with Digiphy

Cannabis marketing and advertising regulations that vary state by state are overwhelming. Yet, there are opportunities to implement compliant marketing strategies. Digiphy QR+ Storylines empower cannabis brands to stay ahead of the curve by providing a compliant marketing solution that bridges physical-to-digital and creates unique and dynamic experiences for all products and physical customer touchpoints.