Cannabis marketing laws are often fine-tuned once established; therefore, it is imperative that those who want to avoid hefty fines and ultimately retain their businesses are in the know about cannabis advertising regulations as well as cannabis advertising restrictions. Read below for a guide by state, 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.
- Products must be labeled as containing cannabis in bold type.
- Must indicate THC amount and include health warnings as determined by the Cannabis Compliance Board.
- Products cannot be labeled or marketed as candy.
- Cannot be in the form of lollipops, resemble real or fictional characters, or mimic brands for children.
- Concentrated cannabis cannot be applied to commercially available candy or snack food, with exceptions for dried fruit, nuts, or granola.
- Must offer lockable, child-resistant storage containers for sale.
- Must convey safety information to purchasers, including effects on children, the delayed effect of edibles, and warnings against use while pregnant or mixing with alcohol.
- Must include the establishment’s license number.
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.
- Medical cannabis businesses can’t advertise cannabis products or services widely.
- Listings in business directories and search engines are allowed.
- Misleading claims, appealing to children, encouraging illegal activities, and promoting unapproved health benefits claims are all 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.
- Not appealing to minors.
- May not promote underaged consumption, overconsumption or rapid use.
- No misleading claims or derogatory statements regarding a competitor.
- No advertising on TV, streaming services, or radio from 6 a.m. to 10 p.m. Online ads have no time restrictions.
- 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 feet of any school.
- No mascots, no products/paraphernalia in view outside and no advertising of prices is allowed.
- Ads must disclose that the business is licensed by the State of New Jersey.
- Restricted to apps on devices owned by persons 21 and over that have opt-out features.
- Advertising at events is allowed only if no more than 20% of the audience is under 21.
- Specific limitations on billboard use and advertising in public venues.
- Cannot suggest cannabis items are safe just because they are regulated or tested.
- No deceptive, false, or misleading statements or illustrations.
- Limited external advertising for cannabis businesses.
- Prohibits items or promotional gifts with cannabis symbols or references, except for sold paraphernalia.
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.
- 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.
- Ads must clearly identify all responsible licensees.
- Ads must include “Please Consume Responsibly” and warnings about age restrictions, FDA non-approval, operating machinery, and potential health risks.
- No advertising on radio, TV, internet pop-ups, or mass transit, except under specific conditions for adult audiences.
- Advertising cannot be deceptive, misleading, false, or fraudulent.
- No unproven health benefit claims without substantial evidence or data.
- Branding is not classified as marketing or advertising activity and is exempt from the warnings and statements required for advertising.
New York
- Not 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.
- No false, deceptive, or misleading advertising.
- No depiction of smoking, vaping, or cannabis consumption.
- Neon colors, bright colors, and bubble fonts are allowed if they do not resemble children’s branding; cartoons, mascots, characters, toys, imitation candy or soda, kid-like snacks, images of people who appear under 21, and children’s or cartoon voices remain prohibited.
- No advertising within 500 feet of schools, playgrounds, daycare providers, public parks, or libraries.
- No ads in public transit vehicles or stations, and no advertising on publicly owned or operated property.
- Cannot make medical claims, promote cannabis for wellness purposes, portray cannabis as medical, or promote potency.
- Percentage-off deals, dollar-off discounts, BOGO offers, bundles, loyalty programs, promo codes, and customer appreciation deals are allowed, but products cannot be sold below market value, defined as less than 1.5x wholesale cost, and discount stickers cannot be placed directly on product packaging.
- Discounts may be advertised via email, text, the business website, and third-party cannabis websites restricted to audiences 21+, and may not be promoted in places where minors may see them.
- No billboard advertising and no use of vehicles as moving billboards.
- Allowed signage is limited to business name, address, phone number, email, website, directions, and license type; signs attractive to minors, billboards, vehicle wraps, and signage in stadiums, malls, fairs, or arcades are prohibited unless access is restricted to 21+.
- Ads must clearly state “For use by persons 21+,” include poison control information, a rotating health warning, and identify the responsible business by license number.
- Brand reps may educate customers 21+, distribute unbranded promotional items, and work inside dispensaries, but may not provide cannabis samples, influence retail pricing or deals, or hold an ownership interest in a retailer.
- Must comply with any additional marketing rules promulgated by the Cannabis Control Board.
- Ad placements must target audiences primarily over 21, with the advertiser responsible for proving audience composition.
North Dakota
- Not appealing to minors.
- No misleading claims.
- Dispensaries can display their business name and logo on various materials provided to patients and caregivers, excluding cannabis images or paraphernalia, slang references to cannabis, strain names, and medical symbols similar to established medical associations.
- Any marketing or advertising not explicitly allowed requires department approval. The division has up to 30 days to approve or deny submitted materials. Until approval is granted, the materials may not be used.
Ohio
- Not appealing to minors.
- Specific warning required.
- No advertisement of paraphernalia, cannabis or products.
- 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.
- Names, logos, signs, or advertisements must be submitted to the state board of pharmacy with an advertising approval fee. Post-review, the board may require disclosures, recommend changes, or prohibit use of the advertisement.
- No cannabis ads allowed within 500 feet of certain facilities or places attracting children, on billboards, on radio or television broadcasts, using portable signs, handing out flyers in public places or private property without owner consent, in public transit vehicles or shelters, or on publicly-owned property.
- Cannabis ads must not suggest endorsement by state entities or promote non-qualifying condition use.
- Limits on sign size and illumination and prohibition on displaying medical marijuana or paraphernalia that’s visible externally.
- Dispensaries cannot authorize third parties to use prohibited advertising methods.
Oklahoma
- Not appealing to minors.
- Depiction of underaged use is not allowed.
- Cannabis commercial licensees must not disseminate advertising with materials prohibited under Oklahoma law.
- Ads must not contain statements or material that is false, misleading, or deceptive; suggestive of unlicensed medical cannabis commercial services; encouraging overconsumption; claiming curative or therapeutic effects; depicting minors consuming cannabis; featuring items like toys, cartoons, or images appealing to children; designed to appeal to those under 18 years of age; implying medical marijuana is grown out of state or causing confusion about its origin.
- Specifically prohibited misleading information includes claiming the cannabis product is “organic” without official authorization or stating “pesticide-free” unless completely devoid of pesticides.
Oregon
- No health or misleading claims.
- Not appealing to minors.
- 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 the viewing audience is under the age of 21.
- Cannot encourage interstate transportation or any illegal activities related to cannabis.
- Cannot assert safety due to regulation or testing, nor imply government endorsement.
- Recreational cannabis cannot be advertised with curative or therapeutic effects.
- All ads must include specific warnings in legible font sizes about operation under influence, adult use only, and keeping out of reach of children.
- No advertising through handbills in public areas, including parking lots and publicly owned property.
- Direct marketing to location-based devices is allowed only with a mobile app owned by someone over 21, including an easy opt-out feature.
Pennsylvania
- Promotional, advertising and marketing materials shall be approved by the state department prior to their use.
- Advertising and marketing practices must align with federal regulations on prescription drug advertising.
- Rules do not apply to product listings provided by growers/processors to dispensaries detailing available products for sale.
Rhode Island
- No health or misleading claims.
- Not 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 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.
- Allowed Advertising Media: Online media including video ads, social media, and pop-up ads; broadcast media including radio, television, and film; print media including newspapers, magazines, and direct mail; outdoor media including billboards and street furniture.
- Must include the required universal symbol in color, Medical Marijuana Program (MMP) license number of the licensee, and an age restriction notice stating it is “For Ages 21+ and medical cannabis patients.”
- Cannot suggest cannabis has healing effects.
- Must comply with state and federal trademark laws and regulations.
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.
- Not 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.
- Not 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.
- All advertisements must clearly state “For medical use by qualifying patients only.”
- All advertisements must include the medical cannabis establishment’s official identification number.
- Any nonconforming advertisement is a violation of state law. Upon notification by the Department, establishments must cease and remove the advertisement (from websites, social media, mobile apps, or signs) within 48 hours. Failure to comply is treated as a serious and knowing violation under SDCL chapter 34-20G.
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.
- Cannabis production establishments are prohibited from advertising to the general public in any form.
- Advertising for employment opportunities at cannabis production establishments is permitted.
Vermont
- No health or misleading claims.
- No promotion of overconsumption.
- 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.
- Cannot represent cannabis as having healing effects.
- Cannot offer prizes or inducements, except for price discounts.
- Ads must be submitted to the Board for approval before being disseminated. The Board may mandate specific, clear, and conspicuous disclosures if the ad could be misleading without them, and require changes to protect public health or ensure information consistency.
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.
- No misleading claims.
- Not appealing to minors.
- No implication of enhanced athletic prowess or government endorsement.
- No promotion of overconsumption or consumption by a minor.
- No suggesting cannabis is candy.
- Ads must target groups where 85 percent are 18 and older. No ads during school hours.
- Ads must identify the business and not claim health benefits without evidence. No recreational use promotion.
- No public pricing.
- No ads at sports events, on billboards, or public transit.
Washington
- No health or misleading claims.
- No promotion of overconsumption.
- No depiction of minor consumption.
- Not 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.
- Advertisements must not depict cannabis consumption or suggest that cannabis is safe due to regulation or testing and must include warnings about the potential risks associated with cannabis use.
- Advertising aimed at out-of-state persons is prohibited.
- All advertising must include statements emphasizing responsible use, such as the potential habit-forming nature of cannabis, and advice against operating machinery under the influence. Advertisements must clearly state that they are for adult use only and keep out of reach of children.
- 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.
- Not 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.
- Must include DHHR permit number.
- No outdoor advertising permitted.
Wisconsin
- Processors, laboratories and dispensaries are prohibited from advertising.
- Advertising of paraphernalia is also banned.
Wyoming
- Cannabis advertising is prohibited across all media.
- Promotion, advertising and display of cannabis and cannabis-derived products is restricted exclusively to individuals holding a valid medical marijuana certification.