If you’re a cannabusiness owner, you might feel like navigating marketing regulations is one of the biggest challenges you’re facing right now – or ever. And while it’s certainly true that the laws for advertising cannabis get pretty complicated, having the right resources and information makes all the difference.

We’ve put together a handy guide to the advertising regulations for cannabis in California, one of the nation’s largest and fast-growing marijuana markets. For California dispensaries and cannabis brands alike, keeping these regulations on hand is essential for effective and legal marketing.

What to Know about CA Cannabis Ad Regulations?

Business is booming for California cannabis brands and dispensaries, but so is competition. As a result, a solid marketing strategy is paramount to achieving success and long-term staying power. However, even an unintentional violation of California’s cannabis advertising restrictions can deliver a devastating blow to your business.

Under Chapter 15 of Proposition 64, a cannabis advertisement is defined as any material that “includes any written or verbal statement, illustration, or depiction which is calculated to induce sales of cannabis or cannabis products.”

These regulations include editorial content and product labels created by or for a CA cannabis business licensee. So, you have far more freedom with the labels on cannabis products, cannabis blogs, and similar materials.

Here is an easy-to-understand breakdown of CA cannabis advertising regulations:

Advertisements Can Only be Targeted to a 21+ Audience

Proposition 64, section 26151, states that a cannabis ad can only be displayed where a minimum of 71.6% of viewers are likely to be 21 years or older. This applies to cannabis ads online, in print, or in broadcast, cable, and radio mediums.

Suppose you’re creating ads that use direct communications (for example, email marketing). In that case, you’re required to implement a means of age verification to ensure that the recipient is at least 21 years of age.

Also, this is probably pretty obvious, but California prohibits cannabis marketing tactics that are designed to appeal to children.

California’s Restrictions on Cannabis Advertisement Placement

Some rules dictate where cannabis ads can be placed. No cannabis-related advertisements are allowed within 1,000 feet of a daycare center, K-12 school, playground, or youth center.

No False or Misleading Statements

The state also makes it very clear that there will be penalties for any false or misleading cannabis advertisements. Keep in mind that this doesn’t only apply to purposefully false claims – any claim you make in cannabis marketing is required to be supported by factual information.

For many cannabis brands, this gets tricky when it comes to promoting the benefits of their products. If you are going to make any statement about the health benefits of cannabis or a specific cannabis product, you need to make sure you have scientific research to back it up.

The Newest Hurdle: CA’s Cannabis Billboard Ban

One of the most recent additions to cannabis advertising rules in CA is the ban on cannabis billboards. Under the ad placement restrictions mentioned above, marijuana billboards are forbidden along any Interstate or State Highway that crosses CA state borders.

Other Cannabis Advertising Restrictions in California

There are other regulations for marketing cannabis in California, each one equally important as the next. For example, your dispensary can’t give customers free cannabis products or accessories as part of a promotional offer – so, don’t make plans to advertise any “BOGO” specials. You are permitted to donate cannabis to a medical marijuana patient, which might be something worth considering in the right scenario.

Before you launch a cannabis marketing campaign in CA, double-check current restrictions at the state and local levels. Also, it’s always a good idea to have a trusted cannabis lawyer and marketing team on hand to make sure you’re staying on track.

Disclaimer

In keeping with cannabis regulations, we have to provide this disclaimer:

The information provided in the above content is not intended as legal advice. Rather, all information is provided for general informational purposes and should be used as such. Please contact an attorney for advice on specific legal matters, including the legality of your cannabis marketing materials. Additionally, because of the changing nature of cannabis ad regulations, the above content is provided “as is” and cannot be assumed to be up-to-date or error-free.

As you can see, even cannabis marketers have to be smart about following all regulations – it’s just part of being a member of this incredible, flourishing industry.

Be in the Know About Cannabis Marketing

If there’s one thing that stays constant about the world of cannabis marketing, it’s that it’s constantly changing. Evolving regulations, consumer expectations, and even scientific studies lead to ongoing shifts and trends that can significantly impact your marketing strategy.

Make sure your cannabusiness has a cannabis digital marketing plan that’s both effective and compliant with key regulations, so you can reach your target customers while complying with marijuana laws. If it sounds like a complicated balancing act, that’s because it is – but Marijuana Marketing Xperts is the perfect team to help you pull it off. With years of cannabis industry expertise and a skilled team of experts in marijuana marketing, our agency has helped a diverse range of clients reach major business goals.

Understand how to legally market cannabis in CA and other U.S. states with help from Marijuana Marketing Xperts. Contact our team to get started today with cannabis advertising!

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