2023 Cannabis Marketing Regulations by State

Cannabis marketing regulations are law in every state with legal cannabis, even those where only medical products are legal. When considering dispensary branding, it’s important to know the applicable laws. Be careful though! The only consistent rules across all cannabis regulations by state are that misrepresentation and false information are illegal and appealing to minors is prohibited. Below are the most current regulations of weed branding.

Cannabis Branding Regulations by State

Alabama

In Alabama, cannabis marketing regulations include:

• No health claims
• No slang terms or references
• No depiction of plants
• No advertising on billboards, portable signs, radio, internet or television
• No branded apparel or other merchandise allowed

Alaska

Alaska’s cannabis and dispensary branding rules include:

• No advertising via location-based devices unless the device is owned by a non-minor and the app has a permanent and easy opt-out feature
• No promotion of overconsumption, health claims or depictions of underage consumption
• No advertising within on or in a public transit shelter or vehicle, be on or in a publicly owned or operated property, within 1,000 feet of a child-centered facility, substance abuse or treatment facility or on a campus for postsecondary education
• No samples, free products, giveaway coupons, games or competitions
• No promotional activities outside of licensed premises.

Arizona

In Arizona, SB 1466 aims to further reduce sales to minors. It is currently in the house for review.

Arkansas

• No advertising or marketing is allowed within 1,000 feet of the perimeter of a school or daycare center, on or in a public transit vehicle or public transit shelter or on or in a publicly owned or operated property
• Television, radio, print and internet are not allowed for marketing unless the licensee has reliable evidence that no more than 30% of the audience is reasonably expected to be under the age of 18.

California

In California, cannabis branding and marketing rules include:

• Broadcast, cable, radio, print and digital communications are permissible after the licensee has reliable evidence that at least 71.6% of the audience is reasonably expected to be over the age of 20
• No depictions of minors
• No advertising of free goods or accessories
• Advertising goods labeled as beer, wine, liquor, spirits or any other term used to describe a type of alcohol is prohibited

Colorado

Colorado cannabis marketing rules state that:

• Broadcast, cable, radio, print and digital communications are permissible after a licensee has demonstrated that at least 71.6% of the audience is reasonably expected to be over the age of 20
• No signs within proximity of a child-care facility

Connecticut

In Connecticut, cannabis companies must abide by the following regulations:

• Advertisements must include a warning about underage use and CUTPA violations
• No depiction of plants or health claims
• No displaying of products or paraphernalia publicly visible within 500 feet of school grounds, a recreation center or facility, a childcare center, a playground, a public park or a library Advertising is not allowed on or in public or private vehicles or at bus stops, taxi stands, transportation waiting areas, train stations, airports or other similar transportation venues. Billboards within 1,500 feet of school grounds, houses of worship, recreation centers or facilities, childcare centers, playgrounds, public parks, or libraries; or on electronic or illuminated billboards between 6 a.m. and 11 p.m. are not permitted
• Broadcast, cable, radio, print and digital communications are permissible with a permanent and easy opt-out feature and warnings after a licensee has demonstrated that at least 90% of the audience is reasonably expected to be over 20 years of age
• No sponsoring events without reliable evidence that not more than 10% of the audience is expected to be under age 21
• No encouragement to transport across state lines or other illegal activity
• No use of radios or loudspeakers to advertise
• No websites without age verification

Delaware

Delaware cannabis marketing rules include:

• Mass-market campaigns with a high likelihood of reaching minors are prohibited
• If a manufacturer uses a trademarked food product as a component of a product, the manufacturer may not advertise to the consumer that the final retail product contains a trademarked food product

District of Columbia

Cannabis marketing rules in Washington, D.C. include:

• Prices may not be displayed in windows
• No general adverts in an exterior or interior window or door is allowed

Florida

In Florida, the following weed branding and marketing rules apply:

• Advertising visible to members of the public from any street, sidewalk, park or other public place is prohibited except for a sign outside or hanging in the window of the premises
• Upon approval, internet advertising and marketing is allowed if it does not target minors, is not an unsolicited pop-up advertisement and is opt-in marketing with an easy and permanent opt-out feature.

Georgia

Georgia cannabis marketing rules are fairly minimal and include:

• No licensee shall advertise or market products to registered patients or the public

Hawaii

In Hawaii, weed branding and marketing rules include:

• Only educational and scientific materials relating to medical cannabis and its approved products are allowed
• Companies may only sponsor events about medical cannabis

Illinois

Illinois cannabis marketing regulations include:

• No advertising on or in a public transit vehicle or public transit shelter, on or in a publicly-owned or-operated property or within 1,000 feet of the perimeter of school grounds, playground, recreation center or facility, childcare center, public park, library or any game arcade to which admission is not restricted to persons aged over 20 years.

Iowa

In Iowa, restrictions on advertising, marketing and signage include but are not limited to, a prohibition on mass-market campaigns that have a high likelihood of reaching minors.

Kentucky

Cannabis marketing restrictions in Kentucky include:

• Advertisements in print, broadcast, online, by paid in-person solicitation or by any other advertising device are banned
• It is unlawful for anyone to advertise in any newspaper, magazine, handbill or other publication while knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia

Louisiana

In Louisiana, no cannabis advertising through any public medium is permitted.

Maine

In Maine, the following are not allowed:

• Benefit claims
• Unsolicited advertising or marketing on the internet
• Opt-in advertising or marketing that does not permit an easy and permanent opt-out feature
• Advertising or marketing directed toward location-based devices

Maryland

Maryland cannabis marketing regulations include:

• No health claims
• No displayed use of cannabis
• No promotion of cannabis as an intoxicant
• No obscenity
• Advertisements may not be placed on the side of a building or any other publicly visible location Broadcast, cable, radio, print and digital communications are permissible after a licensee has demonstrated that at least 85% of the audience is reasonably expected to be over 20 years of age

Massachusetts

In Massachusetts, cannabis company sponsorship of events is allowed if at least 85% of the audience is reasonably expected to be over 20 years of age.

The following are prohibited:

• Advertising, marketing and branding 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 over 21 years of age
• Statements or designs depicting anyone younger than 21 years
• Anything deemed to appeal to a person younger than 21 years
• Certain identified promotional items, health claims, adverts from vehicles and internet pop-ups Advertising of an improper or objectionable nature
• Advertising on clothing, cups, drink holders, apparel accessories, electronic equipment or accessories, sporting equipment, novelty items and similar portable promotional items
• Advertising, marketing or branding 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 or company cars

Michigan

The following regulations apply in Michigan:

• No health claims
• No advertising or marketing unless no more than 30% of the audience for the television program, radio program, website or print publication is reasonably expected to be under the age of 18
• Sponsorships targeting individuals under age 18 are prohibited

Minnesota

Minnesota cannabis regulations require the following:

• Name or logo must not include plant images or paraphernalia, slang, names of plant strains or medical symbols that bear a reasonable resemblance to established medical associations
• No health claims, promotion of overconsumption or depictions of minors
• No outdoor advertisements, print publications or advertisements on radio, television or any other medium if 30% or more of the audience of that medium is reasonably expected to be individuals who are under 21 years of age
• Pop-up advertisements are not allowed
• No adverts on location-based devices.

Mississippi

In Mississippi, the following cannabis regulations are in place:

• No broadcast or electronic media, newspaper, internet or messaging communications
• No public space adverts
• Branding must not target minors, pregnant women or breastfeeding women
• Branding may not promote the non-medical use of marijuana
• No inducements to persuade or influence the use of medical marijuana, including discount cards, coupons, promotions, giveaways or sampling
• No testimonials or endorsements
• No images of cannabis
• No depiction of consumption or promotion of overconsumption
• No health or safety claims

Missouri

In Missouri, health claims and outdoor signage are prohibited.

Montana

In Montana, the following regulations apply:

• Only electronic adverts for marijuana or marijuana products are allowed
• No advertising via marketing directed toward location-based devices unless users affirmatively opt into receiving push notifications related to marijuana or marijuana-related products
• No pop-up or push-to advertising
• No television, radio, or print adverts
• No commercial mascots

Nevada

Nevada’s cannabis advertising rules include:

• Advertising is not permitted within 1,000 feet of the property line of public and private schools, daycares, playgrounds, parks, community centers and libraries. This includes vehicle wraps and mobile billboards
• Advertising is not permitted at sporting events where persons who are under 21 years of age are allowed entry
• Entertainment events may not have cannabis advertising if more than 30% of the people in attendance are under 21 years old
• Advertising is not permitted on television, radio or other publications where the projected audience under 21 years is more than 30%
• Advertising is not permitted on or in vehicles for public transportation, including any shelter for public transportation
• Advertising may not be handed out
• Advertising on social media and business-to-business advertisements must follow the same guidelines as advertisements directed at consumers
• No depiction of consumption or use by anyone underage
• No promotion of overconsumption
• No free samples or donations without purchase

New Hampshire

In New Hampshire, cannabis advertising is not allowed except for building information and business listings. The use of social media sites that cannot be age-restricted is specifically prohibited.

New Jersey

In New Jersey, the following cannabis marketing rules apply:

• No television or radio advertising between the hours of 6 a.m. and 10 p.m.
• No advertising unless at least 71.6% of the audience for the advertisement is reasonably expected to be over 20 years old
• No advertising or marketing directed toward location-based devices unless the marketing is a mobile device application installed on the device by the owner of the device who is over 20 years of age and includes a permanent and easy opt-out feature and warnings that the use of cannabis items is restricted to persons over 20 years of age
• No sponsoring events unless no more than 20% of the audience at the event is reasonably expected to be under the legal age to purchase cannabis items
• No adverts within 200 feet of any elementary or secondary school grounds

New Mexico

New Mexico cannabis marketing regulations include:

• Print and digital advertisements shall only be placed in areas where at least 70% of the audience is reasonably expected to be over 20 years of age
• No marketing on radio, television or other broadcast media, internet pop-ups and mass transit vehicles
• No health claims
• No billboards, posters, handbills or other visual media are located or can be viewed within 300 feet of a school, daycare center or church
• No promotion of overconsumption or depiction of consumption

New York

New York restrictions on weed branding include:

• Marketing and advertising cannot make health claims
• Marketing, advertising and advertisements cannot be easily seen by individuals under 21
• No slang, depictions of cannabis or consumption or promotion of overconsumption
• Adverts cannot promote product potency or THC concentration
• No freebies, discounts, giveaways or promotional swag
• Marketing, advertising and advertisements cannot be obscene or indecent
• No advertisements passed out in public areas or on billboards
• No signs in sporting venues, fairs receiving state funding, video game arcades or shopping malls
• No mascots
• Licensees can only place an advertisement at or in connection with, a sponsored event if at least 90% of the advertisement’s audience is reasonably expected to be over 20 years of age

North Dakota

In North Dakota, cannabis logos and advertising may not contain images of cannabis or paraphernalia, slang, names of plant strains or medical symbols bearing reasonable resemblance to established medical associations.

Ohio

In Ohio, the following cannabis marketing regulations are in place:

• No health claims or slang
• Advertisements must be approved by the state board of pharmacy, with an advertising approval fee paid before use
• No adverts within 500 feet of the perimeter of a prohibited facility, a community addiction services provider, a game arcade to which admission is not restricted to persons aged over 20 years or any other location where the placement of the advertisement targets is attractive to children
• No billboards, radio or television broadcasts, internet programming, portable signs, public or private information distribution on or in a public transit vehicle or public transit shelter or on or in a publicly owned or operated property
• No apparel sales to those under 18

Oklahoma

Oklahoma cannabis regulations require:

• No promotion of overconsumption
• No health claims or depiction of minors
• Advertising may not cause a reasonable patient to believe the medical marijuana was grown in another state

Oregon

In Oregon, the following regulations apply:

• No encouragement of transportation across state lines
• No health claims or display of consumption
• No encouragement of overconsumption or use for intoxication
• Print, billboard, television, radio and internet must state specific wording
• Television, radio, billboards, print media or internet adverts must have verification that no more than 30% of their viewing audience is under the age of 21
• No handbills may be passed out in public areas such as parking lots and publicly owned property
• No advertising via marketing directed toward location-based devices unless the marketing is a mobile device application installed on the device by the owner of the device who is over 20 years of age and includes a permanent and easy opt-out feature

Pennsylvania

Pennsylvania cannabis laws restrict the advertising and marketing of medical marijuana, which shall be consistent with the federal regulations governing prescription drug advertising and marketing. Promotional, advertising and marketing materials shall be approved prior to their use.

Rhode Island

In Rhode Island, cannabis operators must abide by the following rules:

• They may only advertise to a registered patient audience
• No promotion of non-medical use or promotion that is contrary to state or federal consumer protections
• No display of plants or products
• No depiction of consumption
• No claims of potency
• No use of prices or the term “sale,” “discount,” “coupon,” “special” or similar terms
• No depiction of activities or persons in conditions under the influence of marijuana including, but not limited to, operating a motorized vehicle, boat or machinery, or persons who are pregnant or breastfeeding
• Must not encourage the transportation of marijuana across state lines
• No health claims or encouragement of overconsumption
• No advertising using handbills within the prohibited distance of 1,000 feet (or such greater distance if prescribed by the municipality in which the advertising is located) of the property line of an existing public or private school, on television, radio or print media.
• Public space adverts are not allowed as well as advertising/marketing directed toward location-based devices or electronic devices unless the marketing is a mobile device application targeted to a registered patient audience and not a public audience and is 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 Dakota

In South Dakota, the following regulations are in place for cannabis branding:

• No signs or billboards
• No public distribution of handbills
• No direct mail, phone, text or email without verifying the recipient is a cardholder or medical establishment and offering a permanent opt-out feature
• No publication advertising or through radio, television and other media or through a practitioner or health care facility
• Advertisements may not target non-cardholders, anyone under 21, practitioners or healthcare facilities
• Advertising on websites, social media or mobile applications must include verification that the recipient is not an age-restricted cardholder and a permanent opt-out feature
• No potency claims
• No depictions of consumption
• Advertisements may not depict pregnancy, breastfeeding or operating a motorized vehicle, boat or machinery
• Advertisements may not depict or refer to candy, or use a trademark associated with a non-cannabis product
• No use of parodies or encouragement of transportation across state lines
• No health claims or encouragement of overconsumption

Utah

In Utah, the following cannabis marketing regulations are in place:

• No marketing merchandise such as t-shirts, hats or pens
• No use of slang
• No health claims
• No promotion of overconsumption
• Electronic communication is only permissible if it requires acknowledgment that the person receiving or accessing the communication is an adult aged 18 or over

Vermont

In Vermont, social media accounts may only promote products using links to their age-gated websites. Their audiences must be less than 15% under 21 years of age.

Virginia

In Virginia, the following cannabis marketing regulations apply:

• Companies shall not advertise through any means unless at least 85% of the audience is reasonably expected to be over 17 years of age, as determined by reliable, up-to-date audience composition data; or on television or the radio at any time outside of regular school hours for elementary and secondary schools
• No depiction of use or promotion of use as an intoxicant
• No display of pricing
• No public display of products
• No coupons, giveaways or distribution of merchandise with information other than the facility name and contact information
• No pop-up digital advertisements
• Age-gated websites only
• No outdoor product advertising shall be placed within 1,000 feet of (i) a school or daycare; (ii) a public or private playground or similar recreational or child-centered facility; or (iii) a substance use disorder treatment facility
• No advertising at sporting events or using billboards
• No advertising shall be on or in a public transit vehicle, public transit shelter, bus stop, taxi stand, transportation waiting area, train station, airport or any similar transit-related location

Washington

Washington cannabis marketing rules include:

• No promotion of overconsumption
• No health claims
• No depiction of minor consumption
• No advertising within 1,000 feet of the perimeter of school grounds, playground, recreation center or facility, childcare center, public park, library or a game arcade admission to which is not restricted to persons aged over 20 years
• 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 No advertising to persons residing out of the state of Washington
• No outdoor signs or mascots
• No advertising on signs and placards in arenas, stadiums, shopping malls, fairs that receive state allocations, farmers markets and video game arcades
• No promotional items such as giveaways
• Coupons and distribution of branded or unbranded merchandise are banned
• May not advertise “free” or “donated” products

West Virginia

In West Virginia, the following cannabis marketing regulations apply:

• No encouragement of transporting across state lines or other illegal activity
• No display of consumption
• No handbills in public areas
• No media advertising unless 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
• No marketing directed toward location-based devices unless the marketing is a mobile device application installed on the device by the owner of the device who is over 20 years of age and includes a permanent and easy opt-out feature

If you’re starting a new cannabis brand, know your state’s laws before you invest time, money and energy! And when you’re ready to go digital, contact CannaSite to help you build a cannabis website that fits your brand and budget! Or contact us today with questions and let’s be buds.