Cannabis Advertising Regulations

Safe-Reach.com is programmatic for the cannabis industry. We use data in creative ways to manage against privacy and compliance concerns. Away from just another sales pitch on the cool things we use to manage our reach we took some of our research and compiled it below. Read up on the laws of cannabis advertising!

The legalization of cannabis for recreational and medicinal purposes in numerous states has opened a new, thriving market. Although states can legalize cannabis, it remains illegal under federal law. This creates a complex minefield of advertising restrictions and obstacles that can make it difficult for a cannabis business to reach potential customers. By understanding the intricacies of federal and state-specific advertising restrictions, you can ensure your marketing efforts are both compliant and effective.

States with Legalized Marijuana

30 states and the District of Columbia have legalized marijuana use for medical purposes, recreational purpose or both. The legislation around the legalization of cannabis varies by state, and understanding the restrictions for your market will allow you to be successful and compliant with all regulations.

The following states have legalized marijuana for medical uses:

  1. Alaska
  2. Arizona
  3. Arkansas
  4. California
  5. Colorado
  6. Connecticut
  7. Delaware
  8. District of Columbia
  9. Florida
  10. Hawaii
  11. Illinois
  12. Louisiana
  13. Maine
  14. Maryland
  15. Massachusetts
  16. Michigan
  17. Minnesota
  18. Montana
  19. New Hampshire
  20. New Jersey
  21. New Mexico
  22. New York
  23. Nevada
  24. North Dakota
  25. Ohio
  26. Oregon
  27. Pennsylvania
  28. Rhode Island
  29. Vermont
  30. West Virginia
  31. Washington

These states have also legalized marijuana for recreational use:

  1. Alaska
  2. California
  3. Colorado
  4. District of Columbia
  5. Maine
  6. Massachusetts
  7. Nevada
  8. Oregon
  9. Washington
  10. Vermont

Restrictions

The Interactive Advertising Bureau (IAB) sets the industry standards and enforces several state-specific and non-state-specific restrictions and regulations for advertising regulations.

Non State-Specific Regulations

The IAB prohibits false or misleading statements that include but are not limited to the price, ingredients, source of, and/or the health benefits of medical marijuana. Additionally, advertisers can’t advertise to people under 21 years of age in any medium and can’t depict anyone under 21 consuming marijuana and/or marijuana products.

Advertisements cannot depict objects that suggest the presence of a child such as toys, characters or cartoons. Depictions cannot be designed in any manner that would appeal to or encourage the consumption of marijuana by a person under 21 years old, including cartoon characters, mascots, action figures, balloons, fruits or toys.

State-Specific Regulations

Regulations in certain states require a percentage of expected advertisement viewers to be over 21 years old. California, Colorado, Massachusetts, Minnesota, New Jersey and Nevada have audience viewership restrictions, with 70% to 85% of the audience viewers reasonably expected to be over 21.

Additionally, many states have their own specific marijuana advertising regulations. Be sure to research the restrictions in your market to ensure you are in compliance.

Contact the team at Safe-Reach to learn how were using data and identify resolution technology to mitigate concerns on audience delivery.