Looking for concise information about recreational cannabis advertising regulations and laws in a state-by-state format? Here is part one of a two-part series about advertising cannabis strains and cannabis in general, in alphabetical order.
Alabama: currently no recreational cannabis advertising regulations in place.
Alaska: pending finalized regulations.
Arizona: currently no advertising regulations in place.
Arkansas: currently no advertising regulations in place.
California: a myriad of recreational cannabis advertising regulations are in place here.
- Ads, including radio and television, can only be run in places where the audience is over 21 years of age.
- Free contests and giveaways are not allowed.
- Marketing tactics such as mascots and characters are not allowed.
- Billboards located within 15 miles of state borders cannot display cannabis ads.
Colorado: online pop-up ads, mobile ads, leaflets, or other signage types including outdoor signs, are not allowed. Exceptions are considered for online advertising if the audience of the hosting site is no more than 30% under the age of 21 years. For print ads, advertising is only allowed in publications wherein the readership’s under-21 audience is no more than 30%. Targeted advertising outside the state is banned as well as content designed to potentially target minors.
Connecticut: no direct or indirect cooperative advertising between or among two or more of the following: a producer, dispensary facility personnel, or physician. Advertisements may not falsely disparage a competitor’s products, encourage or represent cannabis use for non-debilitating medical conditions, contain any statement, design, or representation which is obscene or indecent. Additionally, neither safety nor efficacy can be noted unless supported by substantial evidence or clinical data, no one under the age of 18 may be portrayed, and no prize or award can be offered.
Advertisements must prove a statement relating to side effects, contraindications and effectiveness. Ad will be considered false, lacking in fair balance, or otherwise misleading if it implies a representation or suggestion a cannabis strain, brand or product is better, more effective, and useful in a broader range of conditions or patients.
Dispensary facilities must also follow cannabis advertising laws such as one only mandatory external sign which is no larger than 16 X 18 inches and is not illuminated, and brand names and graphics on the facility’s exteriors are not allowed. Further, producers are not permitted to advertise prices and may only provide a price list to a dispensary facility.
Delaware: in the Blue Hen State, cannabis may not be advertised via print, broadcast, or by paid in-person solicitation of customers, however, this ruling shall not prevent appropriate signs for registered compassion centers, listings in business directories, listings in trade or medical publications, or the sponsorship of health or not-for-profit charity or advocacy events.
D.C.: Window displays relating to the prices are not permitted, as well as general adverts in a window or door, whether exterior or interior. Visibly exterior illumination is banned as well.
Florida: pending finalized regulations.
Georgia: pending finalized regulations.
Hawaii: dispensaries shall not display cannabis or manufactured cannabis products in public view windows. Only one sign is allowed and it must be no greater than 1,600 square inches, bear only the business or trade name (no pictures or illustrations), and follow local ordinances.
Idaho: currently no advertising regulations in place.
Illinois: this Prairie State does not allow cartoon images or other imagery appealing to minors, ads on public transit and shelters, or depiction of cannabis consumption, photos or illustrations of cannabis buds or leaves. Advertising is not permitted within 1,000 feet of places which allow or cater to people under 21, such as schools, parks, playgrounds, arcades, libraries.
Indiana: currently no advertising regulations in place.
Iowa: currently no advertising regulations in place.
Kansas: currently no advertising regulations in place.
Kentucky: currently no advertising regulations in place.
Louisiana: dispensaries may not advertise products or provide pricing information publicly.
Maine: ads may not be aimed at people under 21 and advertisers must prove they are targeting an audience over age 21. Only location-based advertising is permitted on mobile apps downloadable by those over 21. Unsolicited internet ads of any type are also banned.
Maryland: pending finalized regulations.
Massachusetts: logos containing medical symbols, images of cannabis, related paraphernalia, and colloquial references are prohibited. Neon signage is banned at all times, and external signage shall not be illuminated except for a period of 30 minutes before sundown until closing, and shall comply with local requirements regarding signage. No exterior ads for cannabis or any specific brand names. Prices may not be advertised except as a catalog or printed list along with available strains. Promotional items for gift or sale are not allowed if bearing cannabis symbols or references.
Advertising materials must not include any statement, design, representation, picture, or illustration which encourages or represents recreational cannabis use, relates to the safety or efficacy of cannabis unless supported by substantial evidence or clinical data, or portrays a person under 18 years of age.
Michigan: pending finalized regulations.
Minnesota: currently no advertising regulations in place.
Mississippi: currently no advertising regulations in place.
Missouri: currently no advertising regulations in place.
Montana: Treasure Staters with valid registry identification cards are not allowed to advertise cannabis or related products in any medium, including electronic media.
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(And of course, stay tuned for Part 2 featuring States N through … W)