Navigating the Maze

Alabama

While Alabama has a medical cannabis program, advertising is heavily restricted.

• Prohibited Advertising: Cannabis advertising is explicitly banned on billboards, radio, television (including broadcast, cable, on-demand, and satellite), social media, and other internet-based platforms. Portable signs are also not allowed.
• Proximity Restrictions: Advertising is prohibited within 500 feet of any school, childcare facility, church, or other place where children congregate.

Alaska

Alaska, one of the first states to legalize recreational cannabis, has established clear guidelines for advertising.

• Licensee Identification: All advertisements must include the name and license number of the cannabis establishment.
• Content Restrictions: Advertisements cannot contain false or misleading statements, promote excessive consumption, or suggest that cannabis has curative or therapeutic effects. They also cannot depict individuals under 21 consuming cannabis or include any elements that might appeal to minors.

Arizona

Arizona's regulations aim to ensure that cannabis advertising is responsible and does not target minors.

• Advertising Authorization: Only licensed cannabis establishments or nonprofit medical cannabis dispensaries are permitted to advertise.
• Identification in Advertising: Advertisements must clearly and accurately identify the responsible cannabis establishment or dispensary by name and license or registration number.
• Age Verification for Direct Communication: Any direct, dialogue-based advertising must include a method to verify that the recipient is 21 years of age or older.
• Restrictions on Delivery and Order Solicitation: Only licensed establishments or dual licensees can facilitate cannabis delivery or solicit orders for cannabis products.
• Civil Penalties: Unauthorized advertising can result in a fine of up to $20,000 per violation.

Arkansas

Arkansas has a medical cannabis program with stringent advertising rules.

• State-Approved Guidelines: All advertising for medical marijuana must adhere to state-approved guidelines.
• Prohibition on Medical Claims: Promoting cannabis as a medical treatment is generally prohibited unless specifically authorized.
• Required Disclaimers: All advertisements must include necessary disclaimers as mandated by the state.

California

As a pioneering state in cannabis legalization, California has a comprehensive set of advertising regulations.

• Licensee Identification Required: All advertisements must legibly display the licensee's name and license number.
• Audience Age Restriction: Advertising is only permitted where at least 71.6% of the audience is reasonably expected to be 21 or older.
• Age Verification: Direct marketing communications must verify that the recipient is at least 21 years old.
• Truthful and Substantiated Advertising: All advertising must be truthful and not misleading. Unsubstantiated health claims are prohibited.
• Billboard Restrictions: Billboards advertising cannabis are prohibited on interstate or state highways that cross the California border.
• Proximity to Sensitive Areas: Advertising is not allowed within 1,000 feet of schools, day care centers, or youth centers.
• No Free Cannabis: Giving away cannabis products as part of a promotion is illegal.

Colorado

Colorado, another early adopter of recreational cannabis, has specific rules for advertising media.

• Audience Composition: Retail marijuana businesses can only advertise in media where at least 71.6% of the audience is reasonably expected to be 21 or older.
• Content Prohibitions: Advertisements cannot be misleading, deceptive, or false. They are also prohibited from targeting individuals under the age of 21.

Connecticut

Connecticut's cannabis advertising laws are centered on public safety and preventing underage consumption.

• Targeting Minors Prohibited: All advertising is strictly forbidden from targeting individuals under the age of 21.
• General Safety and Honesty: Regulations emphasize public safety and honesty in all advertising materials.

Delaware

Delaware has specific and strict regulations for cannabis advertising.

• Audience Composition: Cannabis businesses can only advertise to a general audience if at least 85% of that audience is reasonably expected to be 21 or older.
• Online and Website Advertising: Websites must use age-gating to ensure users are 21 or older. Social media advertising must include a notification that viewers must be at least 21.
• Content Prohibitions: Cannot use neon colors, cartoons, or symbols that appeal to children. Cannot resemble branded consumer products for children or depict celebrities. Health or physical benefit claims are prohibited, as is the depiction of actual consumption.
• Location-Based Restrictions: Advertising on the side of a building or in other highly visible public locations is generally prohibited, with limited exceptions for on-premise signage.
• Promotional Restrictions: Offering free or discounted cannabis products in conjunction with non-cannabis items is not allowed.

District of Columbia

The District of Columbia has evolving regulations for its medical cannabis program.

• Packaging Regulations: Packaging can be either "tamper-proof" or "tamper-evident" and must be difficult for children under five to open. Prohibitions against brightly colored packaging have been removed.
• Internet Retailers: Internet-based retailers are not required to have a brick-and-mortar location.

Florida

Florida's medical marijuana program includes guidelines to ensure responsible advertising.

• Prohibition of False Claims: All advertising must be free of false or misleading claims.
• Targeted Advertising: Advertising must be directed to appropriate audiences, and marketing to minors is strictly prohibited.

Georgia

Georgia's cannabis laws are currently focused on low-THC oil for medical use, and significant changes to regulations are being considered. Businesses should stay informed about the evolving legal landscape.

Hawaii

Hawaii's medical cannabis program has some of the most restrictive advertising laws in the nation.

• General Prohibition: Advertising in most media, including broadcast, electronic, print, and social media, is prohibited.
• Permitted Information: Dispensaries may provide general information on their website, including contact details, location, and a list of available products with limited descriptions.
• Display Restrictions: Cannabis and manufactured cannabis products cannot be displayed in windows or be visible to the public from outside the dispensary.
• Prohibited Language: The words "candy" or "candies" cannot be used in advertising or on product lists.
• No Health Claims: Unsubstantiated health or benefit claims are strictly prohibited.

Illinois

Illinois, with its legal recreational market, has clear advertising prohibitions.

• Content Restrictions: Advertisements cannot contain false or misleading statements, promote overconsumption, or depict the actual consumption of cannabis.

Iowa

Iowa's medical cannabidiol program has detailed advertising rules.

• Department Review: All advertisements for medical cannabidiol must be submitted to the Department of Health for review.
• Prohibited Content: Cannot include images of cannabis or paraphernalia, colloquial references to cannabis, names of cannabis strains, or unsubstantiated medical claims. Cannot depict anyone who appears to be under 18.
• Location Restrictions: Advertising is prohibited within 1,000 feet of a school.

Kentucky

Kentucky has a medical cannabis program with a focus on truthful advertising.

• Prohibition on Deceptive Statements: Cannabis businesses are prohibited from making any deceptive, false, or misleading assertions or statements in any advertising materials.

Louisiana

Louisiana's medical marijuana program has very strict advertising limitations.

• Prohibited Media: Advertising through public media such as newspapers, billboards, television, radio, and the internet is prohibited.
• Permitted Promotion: Promotion is limited to direct mail, brochures, or similar methods aimed directly at licensed physicians.
• Exterior Signage: Pharmacies are permitted up to two exterior signs, with size limitations, to identify the business.

Maine

Maine's legal cannabis market includes a prohibition on unsubstantiated health claims.

• Health and Physical Benefit Claims: Advertising or marketing materials are prohibited from making health or physical benefit claims, with the exception of patient testimonials.

Maryland

Maryland's cannabis advertising regulations for its medical and recreational programs are designed to protect public health and prevent underage appeal.

• Prohibited Content: Advertisements may not contain any false or misleading statements, encourage recreational use of medical cannabis, or be attractive to minors. The depiction of cannabis use is also prohibited.

Massachusetts

Massachusetts has specific rules regarding the branding and naming of cannabis businesses.

• Brand Name Restrictions: Dispensary brand names cannot use medical symbols, images of marijuana or marijuana products, or paraphernalia in a way that appeals to individuals under 21. Colloquial references to marijuana use are also prohibited in brand names.

Michigan

Michigan's regulations for its recreational market emphasize the adult-use nature of cannabis.

• Designated Terminology: Advertising must refer to the product as "marijuana" for use only by individuals 21 years of age or older.
• Prohibition on Marketing to Minors: Marketing or advertising to individuals under the age of 17 is strictly prohibited.

Minnesota

As Minnesota rolls out its recreational cannabis market, regulations are being finalized. A key provision is the limitation on advertising the combined consumption of alcohol and cannabis.

Mississippi

Mississippi's medical cannabis program has a near-total ban on advertising.

• Media Prohibition: Dispensaries are prohibited from advertising in any form of media, including radio, television, social media, and print.
• Branding Restrictions: Branding cannot target minors or promote the non-medical use of cannabis.

Missouri

Missouri's regulations are focused on preventing advertising that appeals to children.

• Prohibition on Child-Appealing Content: Advertisements cannot contain content that is attractive to children, including the shape or depiction of animals, fruit, or humans. This extends to images on product packaging displayed on websites.

Montana

Montana has unique and restrictive advertising laws for its adult-use market.

• Broadcast Media Prohibition: The use of broadcast media for cannabis advertising is completely prohibited.
• Print Media Prohibition: Montana is the only state that completely prohibits cannabis advertising in print media.
• Internet Advertising: Permitted online, but websites must have age verification, and social media accounts must be private and state they are for individuals 21 and older.
• Prohibition on False Statements: While most states explicitly prohibit false and misleading statements, Montana's regulations are less explicit on this point, though it is a generally accepted principle.

Nevada

Nevada's established cannabis market has clear and comprehensive advertising rules.

• Targeting Children Prohibited: Advertising that targets children is strictly forbidden.
• Truthful Advertising: All advertisements must be truthful and not misleading. They cannot promote overconsumption.
• Depiction of Minors: Cannot depict individuals who appear to be under 21 consuming cannabis or feature child-related elements.
• Proximity Restrictions: Not allowed within 1,000 feet of schools, playgrounds, public parks, or libraries.
• Transportation Advertising: Advertisements on or inside public transportation are prohibited.
• "Free" Promotions: Offering cannabis as "free" or "donated" without a purchase is not allowed.
• Warning Requirements: All advertisements must include specific warnings, such as "Keep out of reach of children" and "For use only by adults 21 years of age and older."

New Hampshire

New Hampshire's medical cannabis program has very restrictive advertising regulations.

• Limited Marketing: Most forms of marketing are disallowed.
• Logo and Signage: Alternative Treatment Centers (ATCs) can have a logo and an exterior sign, but they cannot depict cannabis, paraphernalia, or use slang associated with cannabis.
• Website and Social Media: ATCs can have a website and social media, but information is limited to basic details. Content cannot be intended to induce purchase by non-patients.

New Jersey

New Jersey's recreational cannabis market has specific requirements for all advertisements.

• Warning Requirement: All advertisements must contain: "This product contains cannabis. For use only by adults 21 years of age or older. Keep out of the reach of children. Do not drive a motor vehicle or operate heavy machinery while using this product."
• License Disclosure: Any advertisement by a licensed cannabis business must disclose that the facility is licensed by the State of New Jersey.

New Mexico

New Mexico's adult-use cannabis regulations include detailed advertising and marketing rules.

• Required Warnings: Must include warnings such as "For use only by adults 21 and older," "keep out of reach of children," and "product is not FDA approved."
• Licensee Identification: All advertisements must accurately and legibly identify the licensee responsible.
• Prohibited Media: Advertising on radio, television, broadcast media, and internet pop-ups is prohibited unless audience is at least 71.6% 21 or older.
• Branding Restrictions: Branding cannot appeal to children and cannot contain cartoons or resemble non-cannabis products marketed to minors.

New York

New York is encouraging unique advertising approaches for its burgeoning cannabis market, with a strong focus on age restrictions.

• Audience Age Requirement: For media like radio or television, the audience targeted must be comprised of at least 90% adults.
• Flexibility with Rules: The Office of Cannabis Management has indicated guidelines are flexible to allow legal operators to compete with the illicit market, as long as the adult audience requirement is met.

North Carolina

While a full-fledged medical or recreational market has not been established, any legal cannabis products are subject to restrictions on marketing that appeals to minors. The legal landscape is subject to change.

North Dakota

North Dakota's medical marijuana program has very specific rules for advertising and marketing.

• Logo and Name Restrictions: A dispensary's name or logo cannot include images of marijuana or paraphernalia, colloquial references to marijuana, or names of marijuana strains.
• Permitted Website Content: A dispensary's website can contain its name, contact information, hours, products offered, and pricing.
• Department Approval: All marketing and advertising activities not explicitly covered are subject to approval by the Department of Health.

Ohio

Ohio's cannabis program has extensive restrictions on advertising placement and content.

• Prohibited Locations: Restricted from being near addiction services providers, game arcades, and other locations attractive to children.
• Prohibited Methods: Advertising on billboards, radio, television, handheld signs, and public transit is prohibited.
• Content Restrictions: Cannot include cartoon characters, market to individuals under 18, or contain false or misleading information. Unsupported claims about safety or efficacy are also banned.

Oklahoma

Oklahoma's medical marijuana market has seen a proliferation of outdoor advertising, with regulations focusing on content.

• Prohibited Content: Regulations prohibit content that could appeal to minors, is deceptive or misleading, or promotes overconsumption.

Oregon

Oregon's mature cannabis market has clear and concise advertising restrictions.

• Content Prohibitions: Cannot contain deceptive, false, or misleading statements, or any content that can be reasonably considered to target individuals under 21, such as cartoons or toys.
• Required Statements: All print, billboard, television, radio, and internet advertising must include: “Do not operate a vehicle or machinery under the influence of this drug," "For use only by adults twenty-one years of age and older,” and “Keep out of reach of children.”

Pennsylvania

As Pennsylvania considers adult-use legalization, proposed legislation outlines a balanced approach to advertising.

• Reasonable Marketing: Proposed legislation aims to allow for "reasonable marketing and promotional activities" while ensuring advertising does not target minors.
• Audience Age: Marketing activities must ensure the viewing audience will be predominantly over 21 years of age.
• Billboard Advertising: Expected to be permitted under proposed legislation.

Rhode Island

Rhode Island is in the process of establishing its regulatory framework for the adult-use cannabis market. Businesses should monitor the developing regulations.

South Carolina

Currently, only hemp-derived products with low THC content are legal. Proposed legislation aims to regulate their sale and marketing.

• Age Restrictions: Sales of hemp-derived consumables to individuals under 21 would be prohibited.
• Appeal to Minors: Products cannot be in a form or have a design that appeals primarily to individuals under 21.

South Dakota

South Dakota's medical cannabis rules heavily restrict advertising.

• Advertising Prohibition: Advertising, including social media posts, is prohibited. Social media posts depicting cannabis use can lead to warnings and shutdowns.

Tennessee

Tennessee has new laws regulating the sale and marketing of hemp-derived cannabinoids.

• Prohibition on Appealing to Minors: Packaging or marketing known to appeal primarily to individuals under 21 is prohibited (e.g., superheroes, cartoons).
• Required Signage: Retailers must display signage warning consumers that products may have intoxicating effects.

Texas

Texas has a very limited medical cannabis program, and advertising is highly restricted. The focus is on providing information to registered patients and their physicians.

Utah

Utah's medical cannabis program has strict limitations on advertising.

• General Prohibition: Advertising of medical cannabis is generally prohibited.
• State-Run Informational Campaign: The state is responsible for a public-facing informational campaign about the medical cannabis program.

Vermont

Vermont's approach to cannabis advertising focuses on preventing access and appeal to minors.

• Age Verification: Websites must verify that users are 21 or older.
• Content Restrictions: Advertising cannot contain images or content that is appealing to minors.

Virginia

Virginia has legalized adult-use cannabis, and regulations for advertising are being developed. The primary focus is on preventing marketing to minors.

Washington

Washington, one of the first states to legalize recreational cannabis, has detailed advertising rules.

• Licensee Identification: All advertisements must include the licensee's trade name and unified business identifier (UBI) number.
• Truthful and Evidentiary-Based Claims: Advertising must be truthful and based on evidence. Unsubstantiated claims about curative or therapeutic effects are prohibited.
• Targeting Minors: Advertising cannot be designed to be appealing to minors.
• Publicly Owned Property: Advertising on publicly owned or operated property is prohibited.

West Virginia

West Virginia has a medical cannabis program with strict advertising prohibitions.

• General Prohibition: Medical cannabis organizations are prohibited from advertising their products.