Regulations on Cannabis Advertising by State [N – Z]

state guide to cannabis advertising regulations

Cannabis advertising regulations change frequently. Below is a state guide to cannabis advertising regulations for states beginning with N through Z.

Nevada 

  • Advertising may not appeal to minors, including images of fruit. 
  • No misleading claims, promotion of overconsumption or depiction of consumption or of use by a minor. 
  • Adverts noting cannabis products as “free” or “donated” without a purchase are prohibited. 
  • All advertisements must have the name of the establishment and the assigned identification number. 
  • A specifically worded warning must also be present.
  • No advertisements are permitted within 1,000 feet of a public or private school, playground, public park or library, on or inside public transportation or any shelter for public transportation. 
  • Advertisements cannot be handed out. 
  • No illustrations.
  • Ads are only allowed in media wherein the readership’s under-21 audience is no more than 30%. 
  • If an establishment engages in advertising for which it is required to determine the percentage of persons who are less than 21 years of age and who may reasonably be expected to view or hear the advertisement, the establishment shall maintain documentation for not less than five years after the date on which the advertisement is first broadcast, published or otherwise displayed which demonstrates the manner in which the cannabis establishment determined the reasonably expected age of the audience for the advertisement.        
  • No advertising at sporting events where people under 21 years of age are allowed entry. 
  • No advertising at entertainment events unless it is reasonably estimated that less than 30% of the people in attendance are under 21 years of age.

New Hampshire 

  • No use of medical symbols, images of cannabis or cannabis products, paraphernalia or colloquial references. 
  • Use of social media sites which cannot be age-restricted is prohibited.                             

New Jersey 

  • Law requires reliable evidence be provided that 71.6% of the advertising audience is 21 or older. This applies to physical adverts as well as digital adverts. 
  • A specific warning is required. 
  • No appealing to minors. 
  • May not promote underaged consumption, overconsumption or rapid use. 
  • No misleading claims or derogatory statements regarding a competitor. 
  • TV and radio ads cannot broadcast between 6 a.m. and 10 p.m. 
  • No advertising at sports, musical, artistic, cultural, social or other similar events. 
  • Charity event advertising is allowed if it can be reasonably predicted that at least 80% of the audience is 21 or older. 
  • No posting within 200 meters of any elementary school or secondary school. 
  • No ads on storefront exteriors. 
  • No mascots, no products in view outside and no advertising of prices is allowed.

New Mexico 

  • Print and digital communications shall only be in areas where at least 70% of the audience is reasonably expected to be 21 years of age or older as determined by reliable, current audience composition data. 
  • A specific warning is required. 
  • No health or misleading claims. 
  • Adverts cannot be on billboards, posters, handbills or other visual media located or can be viewed within 300 feet of a school, daycare center or church. 
  • Not appealing to minors. 
  • No designs mimicking another product brand. 
  • No promotion of overconsumption or depiction of consumption.

New York 

  • No appealing to minors. 
  • No mascots. 
  • Anyone appearing underage is not allowed in ads. 
  • No health claims or use of colloquial terms. 
  • Promotion of overconsumption or rapid consumption is banned. 
  • Potency nor concentration may be promoted. 
  • No free promotional items, giveaways, discounts, loyalty programs or reward systems. 
  • Nothing obscene or indecent is permitted. 
  • Online ads must utilize an age restriction mechanism. 
  • Pop-up or banner ads must have consent before display. 
  • No handbills or other adverts passed out in a public area. 
  • Advertising is not allowed in an arena, stadium, or other sporting venue; a fair that receives state funding; a video game arcade, or a shopping mall (unless the sign is alerting individuals to the location of a retail dispensary within that mall).
  • Apparel that advertises may only be sold in adult sizes and on licensed premises. 
  • Events such as charitable, sporting or similar events may be sponsored if at least 90% of the advertisement’s audience is reasonably expected to be 21 or older. 
  • Reliable evidence of audience composition is required. 
  • Vehicle signs are not allowed.

North Dakota 

  • Business name and logo is allowed in advertisements, therefore, it may not include images of cannabis, paraphernalia, colloquial references, strain/brand names or medical symbols. 
  • No appealing to minors.
  • No misleading claims.

Ohio 

  • Not appealing to minors. 
  • Specific warning required. 
  • No advertisement of paraphernalia, cannabis or products. 
  • Advertising is not permitted within 500 perimeter feet of a prohibited facility, a community addiction services provider, a game arcade admission to which is not restricted to persons aged 21 or older or any other location where the placement of the advertisement targets or is attractive to children. 
  • Billboards, radio or television broadcasts, and internet adverts are banned. 
  • Handheld or other portable signs are allowed on private property with consent. 
  • No health or misleading claims, leaves, slang terms and similar references. 
  • Disparaging of competitor’s products is not permitted, as well as obscenity or indecency. 
  • Sale or distribution of clothing, apparel or wearable accessories is not allowed.

Oklahoma 

  • No appealing to minors. 
  • No health or misleading claims or promotion of overconsumption. 
  • Depiction of underaged use is not allowed. 
  • Shall not provide confusing origin information or claim to be organic or pesticide-free unless certified as such.

Oregon 

  • No health or misleading claims. 
  • No appealing to minors.
  • Advertising must not encourage transportation across state lines. 
  • Depiction of consumption, overconsumption or rapid consumption is not allowed. 
  • Can not encourage use because of its intoxicating effect. 
  • Print, billboard, television, radio and internet must contain a specific warning and must have verification that no more than 30% of viewing audience is under the age of 21.               

Pennsylvania 

  • Promotional, advertising and marketing materials shall be approved by the state department prior to their use.

Rhode Island 

  • Hybrid retail licensees only must have advertisements which clearly and conspicuously include the required universal symbol in color, the MMP license number of the licensee and wording “For Ages 21+ and medical cannabis patients.” 
  • No health or misleading claims. 
  • No appealing to minors. 
  • No depiction of consumption or overconsumption. 
  • Cannot be combined with content relating to alcohol, nicotine, tobacco or any other substance. 
  • No depiction of activities or persons in conditions under the influence of cannabis, including but not limited to operating a motorized vehicle, boat or machinery or persons who are pregnant or breastfeeding. 
  • Selected advertising mediums must target an audience of which 85% of the population is reasonably expected to be 21 years of age or older.
  • No handbills in public areas or on publicly owned property. 
  • No advertising within 1,000 feet of the property line of an existing public or private school. 
  • No advertising on television, radio or print media. 
  • No advertising which is viewable or can otherwise be perceived in a public space, including billboards, bus wraps, benches, Adopt a Highway signs or any format viewable from roads or walkways. 
  • No depiction of cannabis, plants or products. 
  • No potency claims.
  • Prices may not be shown, nor the terms “sale,” “discount,” “coupon,” “special” or anything similar. 
  • Adverts may not encourage transportation across state lines or otherwise encourage illegal activity. 
  • Cannot encourage excessive or rapid consumption. 
  • Unsolicited pop-up or banner advertising is not allowed on platforms other than on age-restricted websites for people 21 and over who consent to view cannabis-related material. 
  • No location-based devices or electronic devices, unless the marketing is targeted to a registered patient audience and not a public audience, installed on the device by the owner of the device who is a registered patient, and includes a permanent and easy opt-out feature.

South Carolina 

  • No misleading claims. 
  • Television, radio, internet, billboard or print publication are permitted if at least 85% of the audience is reasonably expected to be 21 or older, as determined by reliable, up-to-date audience composition data. 
  • No depiction of minors. 
  • No appealing to minors. 
  • No utilization of promotional giveaways, coupons or free cannabis or products. 
  • No use of radio or loudspeaker equipment inside or outside of a cannabis establishment for the purpose of attracting attention to the establishment. 
  • No sponsorships of any kind. 
  • Unsolicited pop-up advertisements on the internet are not allowed.

South Dakota 

  • No signs or billboards, except on own premises.
  • No distributing handbills in public areas or on publicly owned property. 
  • No advertising through direct mail, phone, text or email without verifying the recipient is a cardholder or medical cannabis establishment and offering a permanent opt-out feature. Television, direct mail, phone, text, email or radio ads are not permitted. 
  • No health or misleading claims. 
  • No depiction of consumption. 
  • No depiction of operating a motorized vehicle, boat or machinery or persons who are pregnant or breastfeeding. 
  • No appealing to minors. 
  • Adverts may not encourage transportation across state lines or otherwise encourage illegal activity. 
  • No assertion of potency or safety. 
  • May not encourage excessive or rapid consumption.
  • A specific warning is required.

Texas 

  • Advertisements for functions regulated under state law must contain the license number in a font of the same size as the primary text of the advertisement.

Utah 

  • No promotional discounts or incentives. 
  • No ads featuring a particular product, device, brand or dosage form. 
  • No outcome assurances. 
  • Not appealing to minors. 
  • No mention of psychoactive ingredients or specific strains. 
  • No colloquial terms.

Vermont 

  • No health or misleading claims. 
  • No promotion of overconsumption. 
  • Offers of a prize, award or inducement for purchasing is not permitted. 
  • No free samples. 
  • No depictions of underaged consumption. 
  • Not appealing to minors. 
  • No advertising of products via any medium unless the licensee can show that not more than 15% of the audience is reasonably expected to be under 21 years of age. 
  • Specific warning is required. 
  • All advertisements shall be submitted to the state board on a form or in a format prescribed by the board prior to the dissemination of the advertisement.

Virginia 

  • Specific wording is required. 
  • If the advertisement involves direct, individualized communication or dialogue, age affirmation must be used to verify the recipient is 21 years of age or older. 
  • Advertisements shall not be broadcasted 
    • (i) through any means unless at least 71.6% of the audience is reasonably expected to be 21 years of age or older, as determined by reliable, up-to-date audience composition data or 
    • (ii) through digital pop-ups. 
  • No misleading claims. 
  • No appealing to minors. 
  • No implication of enhanced athletic prowess or government endorsement. 
  • No billboards or displays at sporting events. 
  • No promotion of overconsumption or consumption by a minor.

Washington 

  • No health or misleading claims. 
  • No promotion of overconsumption. 
  • No depiction of minor consumption. 
  • No appealing to minors. 
  • No advertising in any medium whatsoever within 1,000 perimeter feet of a school grounds, playground, recreation center or facility, childcare center, public park, library or a game arcade not restricted to persons aged 21 years or older unless the 1,000 minimum distance requirement has been reduced by ordinance in the local jurisdiction where the licensed retailer is located, and the licensed retailer is located within 1,000 feet of a restricted location.
  • No advertising on or in a private vehicle, public transit vehicle, public transit shelter, bus stop, taxi stand, transportation waiting area, train station, airport or any similar transit-related location. Specific wording is required. 
  • Advertising may not target persons residing out of the state of Washington. 
  • No outdoor advertising signs may depict plants or products or the presence of a product, such as smoke, etc. 
  • No mascots. 
  • Outdoor advertising is prohibited on signs and placards in arenas, stadiums, shopping malls, fairs that receive state allocations, farmers markets, and video game arcades, whether any of the foregoing are open air or enclosed, but not including any such sign or placard located at an adult-only facility. 
  • Promotional items such as giveaways, coupons and distribution of branded or unbranded merchandise are banned.

West Virginia 

  • Advertisements must be submitted to OMC a minimum of 2 weeks prior to use date. 
  • Specific wording is required. 
  • No misleading claims. 
  • No encouragement of illegal activity. 
  • No display of consumption. 
  • No appealing to minors. 
  • No handbills are distributed in public areas. 
  • Web page advertising must utilize appropriate measures to ensure users are at least 21 years old. 
  • No marketing toward location-based devices, unless the marketing is a mobile device application installed by the owner of the device who is at least 21 years old. 
  • Advertisements must include a permanent and easy opt-out feature.
  • Television, radio, billboards, print media or internet advertising is only allowed if there is reliable evidence that no more than 30% of the audience for the program, publication or website in or on which the advertising is to air or appear is reasonably expected to be under the age of 21. 
  • In-person events must not include decorations, props, or promotional items attractive to minors.

Wisconsin 

  • Processors, laboratories and dispensaries are prohibited from advertising. 
  • Advertising of paraphernalia is also banned.

Stay On Top of Cannabis Advertising Regulations

Looking for the other half of the cannabis advertising regulations guide? Look here for medical and recreational cannabis advertising regulations, states A-M!         

 

This article was originally published on Nov. 16, 2021, and was updated on May 28, 2024.

1 Comments

  1. Jim patton on December 14, 2021 at 2:08 am

    Texas is missing out on 160. Billion dollars per year in 25 percent tax on weed per year based on the same sales as Oregon had last year which was 100 milllion pounds of weed sales last year witch was 100 million pounds of weed sales. And Texas could sell more than that looks like a no brained to me!!

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