Cannabis Marketing Guidelines by State

Cannabis Marketing Guidelines by State

Click on the U.S. state for their cannabis marketing guideline information.

Alabama - Alaska - Arizona - Arkansas - California - Colorado - Connecticut - Delaware - Florida - Georgia - Hawaii - Idaho - Illinois - Indiana - Iowa - Kansas - Kentucky - Louisiana - Maine - Maryland - Massachusetts - Michigan - Minnesota - Mississippi - Missouri - Montana - Nebraska - Nevada - New Hampshire - New Jersey - New Mexico - New York - North Carolina - North Dakota - Ohio - Oklahoma - Oregon - Pennsylvania - Rhode Island - South Carolina - South Dakota - Tennessee - Texas - Utah - Vermont - Virginia - Washington - West Virginia - Wisconsin - Wyoming

Alaska

• Signage Regulations: Comply with local government laws on sign size, number, and placement. In areas without local government, signs must not violate specific Alaska Statutes. Signs that meet these requirements are not considered advertising.

  
  

• Advertisement Requirements: Include the business name and license number. Ads that only contain business information, with no cannabis product details or images outside of the logo, are exempt from warning statements.

  
  

• Logo and Advertisement Content: Cannot contain false or misleading statements. Should not promote excessive consumption. Cannot claim curative or therapeutic effects. Must not depict individuals under 21 consuming cannabis. Cannot appeal to those under 21. No cartoons or toys.

  
  

• Placement Restrictions for Ads: Not within 1,000 feet of child-centered facilities, publicly owned or operated properties, or substance abuse treatment facilities.

  
  

• Mandatory Warning Statements: Include warnings about intoxication, impairment, health risks, adult use only, and advisories for pregnant or breastfeeding women. Print ads need visual contrast; audio ads require intelligible audio.

  
  

• Web Advertisement: Websites advertising cannabis must verify visitors are 21+.

  
  

• Location-Based Marketing: Prohibited unless it’s through a mobile app with an opt-out feature, installed by a device owner who is 21 or older.

  
  

• Event Sponsorship: Permissible for events like trade shows, charitable events, and concerts, provided no more than 30% of attendees are under 21, and with board approval.

  
  

• Sales Promotion Restrictions: Cannot use games or competitions related to cannabis consumption. No promotional materials that would appeal particularly to children.

  
  

Arizona

• Advertising Authorization: Only a licensed cannabis establishment or nonprofit medical cannabis dispensary may authorize advertising.

  
  

• Identification in Advertising: Ads 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 communication or dialogue-based advertising must verify recipients are 21 or older. Age verification methods may include user confirmation, birth date disclosure, or other registration methods.

  
  

• Restrictions on Delivery and Order Solicitation: Only licensed establishments or dual licensees are allowed to facilitate the delivery of cannabis or cannabis products, solicit or accept orders for cannabis or cannabis products, and operate a listing service related to the sale or delivery of cannabis products.

  
  

• Disciplinary Actions: Cannabis establishments found to be in violation are subject to disciplinary actions according to specific Arizona statutes.

  
  

• Civil Penalties for Unauthorized Advertising: Any individual or entity, other than a licensed establishment or dispensary, advertising cannabis products in violation of these regulations faces a $20,000 fine per violation. Fines contribute to the Smart and Safe Arizona Fund. Enforcement of this penalty may be carried out by the attorney general.

  
  

California

• Advertise and Advertisement: Encompasses all forms of communication intended to induce sales of cannabis, excluding product labels and unpaid editorials not influenced by licensees.

  
  

• Licensee Identification Required: All advertisements must legibly identify the responsible licensee by name and license number, including on technology platforms and outdoor advertising.

  
  

• Audience Age Restriction: Advertising is permitted only where at least 71.6% of the audience is expected to be 21 years of age or older, based on reliable data.

  
  

• Age Verification: Direct marketing communications must include a method to verify the recipient is at least 21 years old, such as user confirmation or birth date disclosure.

  
  

• Accurate and Substantiated Advertising: All advertising must be truthful and not misleading.

  
  

• False or Misleading Marketing: Marketing cannot be false, misleading, or create an impression of health benefits without evidence.

  
  

• Inconsistent Branding and Statements: Advertising must not contradict product labeling.

  
  

• Misleading Geographic Origin: Ads cannot falsely imply cannabis originates from a specific region unless verified on the product label.

  
  

• Billboard Restrictions: Advertising on billboards on interstate highways or state highways crossing into California is prohibited.

  
  

• Underage Appeal: Marketing must not encourage consumption by individuals under 21 or be designed to appeal to children.

  
  

• Proximity to Sensitive Areas: Ads cannot be placed within 1,000 feet of schools, playgrounds, day care centers, or youth centers.

  
  

• No Free Cannabis Products: Licensees are prohibited from giving away cannabis or cannabis products as part of promotions.

  
  

• Health-Related Advertising: Any health claims in advertising must be truthful and not misleading.

  
  

• Internal Advertising Exceptions: Advertising inside a licensed premise is allowed, provided it is not visible from public spaces and does not target individuals under 21.

  
  

Colorado

• Truth in Advertising: Cannabis businesses must not engage in advertising that is deceptive, false, or misleading in any way.

  
  

• Risk Notices Required: Advertisements for cannabis concentrates must include notices about the potential risks of overconsumption.

  
  

• Minimum Audience Age: Cannabis businesses can advertise through TV, radio, print, or internet only if at least 71.6% of the audience is expected to be 21 or older.

  
  

• No Underage Targeting: Direct advertising and marketing to persons under 21 is prohibited.

  
  

• No Unsubstantiated Safety Claims: Businesses may not claim their products are safe due to state regulation.

  
  

• Local Ordinances: Businesses must comply with local laws regulating signs and advertising.

  
  

• State Law Compliance: All state laws, including the Outdoor Advertising Act, must be followed.

  
  

• Distance from Sensitive Areas: No advertising on outdoor signs within 500 feet of schools, places of worship, or public playgrounds.

  
  

• No Underage Appeal: No advertising content should target individuals under 21, including the use of cartoon characters.

  
  

• Restrictions on Location-Based Marketing: Marketing directed toward location-based devices is allowed only with a mobile app installed by the device’s owner, who must be 21 or older, and includes an opt-out feature.

  
  

• No Pop-Up Ads: Unsolicited pop-up advertising on the internet is prohibited.

  
  

• Sponsorship Age Verification: Businesses may sponsor events but cannot engage in advertising at those events unless there is reliable evidence that 71.6% of the audience is 21 or older.

  
  

Connecticut

• Age-Appropriate Advertising: Ads must not target or appeal to individuals under 21, including using spokespersons, celebrities, or characters that appeal to those under the legal age.

  
  

• No Cannabis Plant Images: Ads cannot use images or representations of the cannabis plant or its parts.

  
  

• Distance From Sensitive Areas: No billboard advertising within 1,500 feet of schools, houses of worship, child care centers, playgrounds, public parks, or libraries. Billboards are also restricted from 6 a.m. to 11 p.m.

  
  

• Majority Age Audience: Advertising through any medium requires evidence that at least 90% of the audience is 21 or older.

  
  

• Mobile Marketing: Location-based marketing is permitted only with a mobile app installed by a device owner who is 21 or older that includes opt-out features and age warnings.

  
  

• No Unsubstantiated Health Claims: Ads cannot claim or imply therapeutic effects unless substantiated or conveyed by a licensed pharmacist or medical practitioner.

  
  

• Age Limit for Audience: Events sponsored by cannabis businesses must have reliable evidence that no more than 10% of the audience is under 21.

  
  

• Visibility Restrictions: No visible ads within 500 feet of schools, child care centers, playgrounds, public parks, or libraries.

  
  

• No Encouragement of Illegal Activity: Ads must not encourage the transportation of cannabis across state lines or other illegal activities.

  
  

• Dispensary and Pharmacy Terms: Cannabis businesses cannot use the term “dispensary” or imply they are a pharmacy if they are not.

  
  

• Public Vehicle and Venue Ads: No advertising on public or private vehicles or at transportation venues like bus stops or train stations.

  
  

• Exterior Display Restrictions: Cannabis, its products, or plant imagery cannot be visible from outside the establishment. No exterior signs displaying cannabis plant images.

  
  

• No Loudspeaker Ads: Using a radio or loudspeaker for advertising cannabis sales is prohibited.

  
  

• Age Verification for Websites: Websites must verify users are 21 or older.

  
  

• Advertising Warning: Ads must include a warning not to use cannabis if under 21 and to keep it away from children, taking up at least 10% of the ad space in print or visual mediums and easily intelligible in audio mediums.

  
  

• Outdoor Signage Rules: Outdoor signs are exempt from certain restrictions if they only contain the name and logo of the establishment, do not use cannabis plant images, consist of no more than three colors, and are located on the premises or commercial property occupied by multiple tenants including the cannabis establishment.

  
  

• Brand Name Restrictions: The department may not register brand names that are misleading, identical to non-cannabis products, obscene, or associated with persons under 21.

  
  

Illinois

• Truthfulness Required: No false or misleading statements or illustrations.

  
  

• Against Overconsumption: Cannot promote overconsumption of cannabis.

  
  

• No Depiction of Consumption: No showing the actual consumption of cannabis products.

  
  

• Age Restrictions: Cannot depict anyone under 21 consuming cannabis.

  
  

• Health Claims: No health, medicinal, or therapeutic claims about cannabis.

  
  

• Cannabis Imagery: No images of cannabis leaves or buds.

  
  

• Appeal to Minors: Cannot include images appealing to minors like cartoons, toys, or any likeness to child-friendly characters.

  
  

• Distance from Sensitive Areas: No advertising within 1,000 feet of schools, playgrounds, recreation centers, child care centers, public parks, libraries, or game arcades not restricted to ages 21 and over.

  
  

• Public Transit and Property: No ads on public transit vehicles/shelters or publicly owned/operated properties.

  
  

• Misleading Information and Minor Appeal: No ads with false information, promoting excessive consumption, depicting underage consumption, cannabis imagery, or appealing to minors.

  
  

• Educational Content: Restrictions do not apply to messages with an educational purpose regarding cannabis.

  
  

• No Free Cannabis: Cannot encourage sales by giving away cannabis products.

  
  

• No Games or Competitions: No conducting games or competitions related to cannabis consumption.

  
  

• Child-Appealing Promotions: No promotional materials or activities that could appeal to children.

  
  

Maine

• No Appeal to Under 21: Cannot advertise in ways that attract individuals under 21.

  
  

• Responsible Use: Must not promote irresponsible or illegal activity under Maine law.

  
  

• Public Health and Safety: Cannot present a significant risk to public health and safety.

  
  

• Truthful Statements: No deceptive, false, or misleading content.

  
  

• No Consumption Display: Cannot show the consumption of cannabis products.

  
  

• Potency Claims: No claims about potency except for listing cannabinoid content.

  
  

• No Risky Activities: Cannot depict activities risky under the influence of cannabis.

  
  

• Underage Appeal: No content appealing to individuals under 21, including cartoons or toy images.

  
  

• No Candy Imitation: Cannot include or imitate candy advertising or use the term “candy.”

  
  

• Cross-State Transportation: No encouragement of transporting cannabis across state lines.

  
  

• Safety Claims: No assertions that cannabis products are safe due to regulation or testing.

  
  

• Health Claims: No claims about curative or therapeutic effects or other health benefits.

  
  

• Informational Material: No false or misleading statements on any materials provided to consumers.

  
  

• Public Area Distribution: Cannot distribute handbills in public areas or publicly owned property.

  
  

• Age Verification: Must take steps to ensure mass marketing does not reach those under 21.

  
  

• Vehicle Wraps: Limited to small stickers; large vehicle wraps are not allowed.

  
  

• Proximity to Schools: Advertising is restricted within certain distances from schools and public places.

  
  

• Website Age Verification: Websites advertising cannabis must verify visitors are over 21 years of age.

  
  

• Adult Use and License Info: Ads must state “For use only by adults twenty-one years of age and older” and include the establishment’s license number.

  
  

• Usage in Marketing: Brand names and logos can be used in marketing, provided they comply with the advertising rules.

  
  

Maryland

• Substantial Evidence Required: Therapeutic and medical claims must be supported by substantial clinical evidence or data.

  
  

• Risk Information: Must include information on significant side effects or risks associated with cannabis use.

  
  

• Accuracy in Advertising: No false or misleading statements in any material way.

  
  

• Design and Content Restrictions: Cannot contain designs or images that encourage recreational use of cannabis; appeal to minors, including cartoons or mascots; show the consumption, smoking, or vaping of cannabis; promote cannabis as an intoxicant; are considered obscene.

  
  

• Qualifying Patient Statement: All ads must state the product is only for use by a qualifying patient.

  
  

• Age-Screening Mechanisms: Websites must verify users are at least 18 years old, using age-gates or other verification methods.

  
  

• Social Media and App Notifications: Must notify that content is for those 18+ and for certified patients only.

  
  

• Distance from Sensitive Areas: No ads within 500 feet of substance abuse facilities, schools, child care centers, playgrounds, recreation centers, libraries, or public parks.

  
  

• Exemption for Property-Owned Ads: Restrictions don’t apply to ads on property owned or leased by dispensaries, growers, or processors.

  
  

Massachusetts

• Brand Name Use: Cannabis establishments can develop a brand name for use in labeling and signage, but cannot include medical symbols, cannabis imagery, or elements appealing to anyone under the age of 21.

  
  

• Event Sponsorship: Brand Name sponsorship of charitable, sporting, or similar events is allowed under specific conditions: Limited to Brand Name only. Advertising at the event must target audiences 21 and older, with safeguards to prevent targeting those under 21.

  
  

• Charitable and Cultural Event Sponsorship: Allowed if it’s part of the establishment’s Positive Impact Plan, with the same age targeting and safeguard requirements as above.

  
  

• Display Cases: Transparent, secure, locked display cases for product samples are permitted, with restrictions on actual consumption.

  
  

• Price Information: Posting of prices and availability of a catalog or price list in-store and online is allowed.

  
  

• Responsible Advertising: Includes the phrase “Please Consume Responsibly,” along with other warnings, and does not promote to those under the age of 21.

  
  

• Deceptive or Misleading Advertising: No advertising that is deceptive, misleading, false, or fraudulent.

  
  

• Audience Age Limit: Advertising must target an audience where at least 85% are 21 or older, as determined by reliable data.

  
  

• Youth-Oriented Advertising: No advertising that includes elements appealing to those under 21, such as cartoons, mascots, or celebrity endorsements.

  
  

• False Statements About Competitors: No false or misleading statements concerning other licensees.

  
  

• Health and Safety Claims: No asserting products are safe or have therapeutic effects unless supported by substantial evidence or required labeling.

  
  

• Billboard and Public Signage Compliance: Must comply with all state and local regulations.

  
  

• Vehicle Advertising Restrictions: No use of vehicles for advertising cannabis products.

  
  

• Website Age Verification: Must verify visitors are 21 or older.

  
  

• Offensive or Objectionable Advertising: No advertising of an improper or objectionable nature.

  
  

• Transportation Venue Advertising: No advertising on public or private vehicles or at transportation venues.

  
  

• Exterior Display Restrictions: No display of cannabis products visible from the exterior of the establishment.

  
  

• Promotional Item Marketing: Restrictions on the marketing of free promotional items, except for permitted practices.

  
  

Michigan

• Regulatory Compliance: Advertising must comply with all municipal ordinances, state laws, and specific rules regulating signs and advertising.

  
  

• No Deceptive Practices: Cannot advertise cannabis products in a way that is deceptive, false, or misleading.

  
  

• Restrictions on Health Claims: Marketing must not contain health or benefits claims unless approved by the FDA or under a Letter of Enforcement Discretion issued by the FDA.

  
  

• Target Audience Age: Advertising is allowed only if there’s reliable evidence that no more than 30% of the audience is under the age of 21. Must include specified warnings. 

  
  

• Intellectual Property Licensing: Those receiving payment under licensing agreements for intellectual property are responsible for marketing or advertising by either party.

  
  

• Medical Marihuana Facilities Licensing Act (MMFLA) Marketing: Advertise as “medical marijuana” only for use by registered qualifying patients or caregivers.

  
  

• Michigan Regulation and Taxation of Marihuana Act (MRTMA) Marketing: Advertise as “marijuana” for use only by individuals 21 years of age or older.

  
  

• Prohibition on Minors Marketing: Under MMFLA, do not market or advertise to minors aged 17 years or younger. Sponsorships for this age group are prohibited.

  
  

• Prohibition on Underage Marketing: Under MRTMA, do not market or advertise to individuals under 21 years of age. Sponsorships for individuals under 21 are prohibited.

  
  

Minnesota

• Business Name and Logo Use: Can be displayed on cannabis labels, signs, website, and informational materials with restrictions: no images of cannabis or smoking paraphernalia, no colloquial references to cannabis, no names of cannabis plant strains, and no medical symbols resembling those of established medical associations unless approved by the commissioner.

  
  

• Facility Signage: Signs are allowed on manufacturing and distribution facilities.

  
  

• Business Website: May include the manufacturer’s name, distribution facility location, contact info, hours of operation, product offerings, pricing, and other commissioner-approved information.

  
  

• Approval for Marketing Activities: Activities not specified in the permitted list require written approval from the commissioner.

  
  

• Review Period: The commissioner has 30 days to approve proposed marketing and advertising activities.

  
  

• Interior Displays: Merchandise, signs, and exhibits within facilities must be arranged to prevent public viewing from outside the manufacturing and distribution facilities.

  
  

Missouri

• Marijuana Leaf in Advertising: There is no prohibition against using a marijuana leaf in advertisements.

  
  

• Prohibited Words: Business names cannot include words like “pharmacist,” “pharmacy,” “apothecary,” and similar terms unless supervised by a licensed pharmacist.

  
  

• Delivery Services: Licensees must receive approval from the Department of Health and Senior Services, Division of Cannabis Regulation, before delivering cannabis to consumers and patients. This includes notifying the Department to arrange an inspection for transportation compliance.

  
  

• Changing Space Sharing Arrangements: Licensees can request to change previously approved space-sharing arrangements with other licenses.

  
  

• Dispensary Product Sales: Dispensaries can sell or distribute cannabis products to other dispensaries under specific conditions, including transfers between medical, comprehensive, and microbusiness dispensaries.

  
  

• Obscuring Windows: Dispensary sales floors must not be visible from public places outside the facility. This includes ensuring sales of cannabis or accessories are not visible without optical aids.

  
  

• Window and Door Security: Facilities with windows on a limited access area must ensure they are secure against intrusion and covered if necessary. Glass doors and storefronts must either have security film or be made of shatterproof glass.

  
  

• Digital Advertising & Marketing: As of March 2025, Missouri’s Division of Cannabis Regulation (DCR) reaffirmed that advertisements for marijuana products must avoid content that could be attractive to children. This includes realistic, artistic, or cartoon-like images of animals, fruit, or humans, regardless of platform or intent.

  
  

  Examples of violations include:

  • Product packaging that features fruit when displayed on a licensee’s website

  • Social media posts showing a person holding cannabis product packaging

  • Email flyers featuring both a marijuana product and an animal caricature

  • The guidance isn’t new, but the renewed enforcement and clarification signal that operators should audit and update digital content to stay compliant.

    
    

Montana

• Electronic Advertising Only: Cannabis businesses can promote their brand but may only advertise cannabis or cannabis products electronically.

  
  

• Use of “Marijuana” or “Cannabis”: Allowed in signage and electronic advertising.

  
  

• Restrictions on Outdoor Signage: Cannot use slang terms for cannabis or images representing cannabis use or products.

  
  

• Compliance with Local Ordinances: Outdoor signage must comply with local regulations.

  
  

• Age Verification for Web Pages: Measures must be in place to verify web page visitors are 21 and over.

  
  

• Private Social Media Accounts: Must state that followers should be over the age of 21.

  
  

• Location-Based Marketing Restrictions: No advertising directed toward location-based devices without user consent.

  
  

• No Unsolicited Internet Advertising: Includes pop-ups and push notifications.

  
  

• No Traditional Media Advertising: Prohibits TV, radio, and print advertising.

  
  

• No Claims of Safety: Cannot assert products are safe without specifying testing by a licensed lab.

  
  

• Billboard Use Prohibited: Cannabis businesses cannot use billboards for advertising.

  
  

• Youth Appeal Restrictions: No use of images or objects appealing to youth, such as toys or cartoon characters.

  
  

• No Commercial Mascots: Prohibits use of mascots near cannabis businesses to attract attention.

  
  

• Informational Pamphlets and Business Cards: Allowed for use at trade conferences and as business cards.

  
  

• Claims of Laboratory Testing: Businesses may state that products have been tested by licensed laboratories.

  
  

Nevada

• Mandatory Cannabis Indication: Products must be labeled as containing cannabis in bold type.

  
  

• Prohibited Packaging Imagery: No images of cartoon characters, mascots, action figures, toys, or similar items appealing to children, except in a production facility’s logo.

  
  

• Child Appeal Restrictions: No packaging resembling brands primarily for children.

  
  

• THC and Health Warning Labels: Must indicate THC amount and include health warnings as determined by the Cannabis Compliance Board.

  
  

• No “Candy” Labeling: Products cannot be labeled or marketed as candy.

  
  

• Prohibited Product Forms: Cannot be in the form of lollipops, resemble real or fictional characters, or mimic brands for children.

  
  

• Edible Restrictions: Concentrated cannabis cannot be applied to commercially available candy or snack food, with exceptions for dried fruit, nuts, or granola.

  
  

• No Child-Appealing Advertising: Cannot use imagery appealing to children, including cartoons or mascots.

  
  

• Secure Storage Containers: Must offer lockable, child-resistant storage containers for sale.

  
  

• Purchaser Information: 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.

  
  

• Truthfulness: No false, misleading, or health-claiming advertisements.

  
  

• Medium and Audience Restrictions: Cannot advertise in mediums where 30% of the audience is under 21.

  
  

• Location and Event Restrictions: Restrictions on advertising near schools, in public transport, at sports events, or where a significant portion of the audience is under 21.

  
  

• Free or Donated Products: Cannot advertise or offer cannabis products as “free” or “donated” without a purchase.

  
  

• Mandatory Warnings in Ads: Must include specific warnings and the establishment’s license number.

  
  

• Local Regulations: Local governments may adopt more restrictive advertising ordinances.

  
  

New Jersey

• Minimum Audience Age: Advertisements must have evidence that 71.6% of the audience is 21 and over.

  
  

• Mandatory Warning: Ads must include a specific warning about the product containing cannabis and potential health risks.

  
  

• State License Disclosure: Ads must disclose that the business is licensed by the State of New Jersey.

  
  

• Underage Appeal Prohibited: Cannot target or appeal to individuals under 21, including depictions of minors or objects appealing to minors.

  
  

• Time Restrictions for Media: No advertising on TV, streaming services, or radio from 6 a.m. to 10 p.m. Online ads have no time restrictions.

  
  

• Proximity Restrictions: No advertising within 200 feet of schools.

  
  

• Location-Based Advertising: Restricted to apps on devices owned by persons 21 and over that have opt-out features.

  
  

• Event Restrictions: Advertising at events is allowed only if no more than 20% of the audience is under 21.

  
  

• Billboard and Public Space Restrictions: Specific limitations on billboard use and advertising in public venues.

  
  

• No False Safety Claims: Cannot suggest cannabis items are safe just because they are regulated or tested.

  
  

• Overconsumption Warning: Cannot promote overconsumption.

  
  

• Truthfulness: No deceptive, false, or misleading statements or illustrations.

  
  

• Exterior Advertising: Limited external advertising for cannabis businesses.

  
  

• Commercial Mascot Prohibition: No use of commercial mascots outside the premises.

  
  

• Visibility from Exterior: Cannabis products and paraphernalia cannot be visible from outside the business.

  
  

• Price Advertising: Restrictions on advertising prices, with some allowances for catalogs and website listings.

  
  

• No Promotional Merchandise: Prohibits items or promotional gifts with cannabis symbols or references, except for sold paraphernalia.

  
  

New Mexico

• Responsible Identification: Ads must clearly identify all responsible licensees.

  
  

• Audience Age Expectation: Ads must target areas where 70% of the audience is expected to be 21 and over, supported by reliable data.

  
  

• Mandatory Statements and Warnings: Ads must include “Please Consume Responsibly” and warnings about age restrictions, FDA non-approval, operating machinery, and potential health risks.

  
  

• Restricted Media Channels: No advertising on radio, TV, internet pop-ups, or mass transit, except under specific conditions for adult audiences.

  
  

• No Deceptive Practices: Advertising cannot be deceptive, misleading, false, or fraudulent.

  
  

• Health Claim Restrictions: No unproven health benefit claims without substantial evidence or data.

  
  

• Distance from Sensitive Areas: No visual media advertising within 300 feet of schools, daycare centers, or churches.

  
  

• No Appeal to Minors: No use of symbols, images, or celebrity likenesses that appeal to minors.

  
  

• Predatory Marketing: No targeting of minors.

  
  

• Brand Mimicry: Cannot mimic non-cannabis product brands.

  
  

• Overconsumption: No promotion of overconsumption.

  
  

• Consumption Depiction: No depiction of actual consumption.

  
  

• Child Appeal Restrictions: Branding must not appeal to children, including no cartoons or resemblance to non-cannabis products marketed to minors.

  
  

• Not Considered Advertising: Branding is not classified as marketing or advertising activity and is exempt from the warnings and statements required for advertising.

  
  

• Branding Allowances: Brand promotion through name, logo, or design is allowed without the advertising warnings.

  
  

New York

• False or Misleading: No false, deceptive, or misleading advertising.

  
  

• Overconsumption: Cannot promote excessive use.

  
  

• Consumption Depiction: No depiction of cannabis consumption.

  
  

• Minor Appeal: Must not appeal to children or minors.

  
  

• Proximity Restrictions: No advertising within 500 feet of schools, playgrounds, daycare providers, public parks, or libraries.

  
  

• Public Transit: No ads in public transit vehicles or stations.

  
  

• Internet Pop-Ups: No unsolicited internet pop-up ads.

  
  

• Public Property: No advertising on publicly owned or operated property.

  
  

• Medical Claims: Cannot make medical claims or promote for wellness purposes.

  
  

• Discounts and Coupons: No promotions that sell cannabis below market value or undermine tax collections.

  
  

• Billboards: No billboard advertising.

  
  

• Other Regulations: Must comply with any additional marketing rules promulgated by the Cannabis Control Board.

  
  

• Underage and At-Risk Appeal: No marketing designed to appeal to those under 21 or at-risk populations.

  
  

• Misleading Information: No dissemination of false or misleading information.

  
  

• Identification of Responsible Party: Ads must clearly identify the responsible business.

  
  

• Audience Age Verification: Ad placements must target audiences primarily over 21, with the advertiser responsible for proving audience composition.

  
  

Oregon

• No Misleading Statements: Cannot contain deceptive, false, or misleading statements.

  
  

• No Underage Targeting: Cannot target individuals under 21, including images or references appealing to minors.

  
  

• No Encouragement of Illegal Activity: Cannot encourage interstate transportation or any illegal activities related to cannabis.

  
  

• No False Safety Claims: Cannot assert safety due to regulation or testing, nor imply government endorsement.

  
  

• No Therapeutic Claims: Recreational cannabis cannot be advertised with curative or therapeutic effects.

  
  

• No Consumption Display: Cannot display the consumption of cannabis items.

  
  

• No Promotion of Intoxication: Should not encourage use for intoxication effects.

  
  

• No Excessive Consumption: Should not encourage overconsumption or rapid consumption.

  
  

• Truthful Information: Licensees must not make misleading statements on any materials or signs provided to consumers.

  
  

• Mandatory Statements: All ads must include specific warnings in legible font sizes about operation under influence, adult use only, and keeping out of reach of children.

  
  

• Handbill Restrictions: No advertising through handbills in public areas, including parking lots and publicly owned property.

  
  

• Audience Composition for Media Ads: Television, radio, billboard, print, and internet ads must have evidence that the audience is less than 30% under 21.

  
  

• Web Page Age Verification: Websites advertising cannabis must ensure visitors are over 21.

  
  

• Location-Based Marketing: Direct marketing to location-based devices is allowed only with a mobile app owned by someone over 21, including an easy opt-out feature.

  
  

Rhode Island

• 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.

  
  

• Mandatory Ad Components: 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.”

  
  

• No Therapeutic Claims: Cannot suggest cannabis has healing effects.

  
  

• No Targeting Minors: Must not appeal to those under 21, including avoiding cartoons, toys, etc.

  
  

• No Display of Consumption: Cannot show the use of cannabis.

  
  

• No Excessive Consumption Encouragement: Should not contain material that promotes overuse.

  
  

• No Combination with Substances: Cannot be combined with content related to alcohol, nicotine, or tobacco.

  
  

• No Depiction of Impaired Activities: No showing activities under the influence or depicting pregnant or breastfeeding persons.

  
  

• No Trademark Violations: Must comply with state and federal trademark laws and regulations.

  
  

• Audience Age Expectation: Encouraged to target media where 85% of the audience is expected to be 21 and over.

  
  

Vermont

• No Misleading Content: Cannot be deceptive, false, or misleading.

  
  

• No Promotion of Overconsumption: Cannot promote excessive use.

  
  

• No Curative Claims: Cannot represent cannabis as having healing effects.

  
  

• No Prizes or Inducements: Cannot offer prizes or inducements, except for price discounts.

  
  

• No Free Samples: Cannot offer free cannabis samples.

  
  

• No Minors: Cannot depict anyone under 21 consuming cannabis.

  
  

• No Appeal to Minors: Should not be designed to appeal to those under 21.

  
  

• Audience Age Limit: Can only advertise in mediums where the audience under 21 is no more than 15%.

  
  

• Mandatory Health Warnings: Ads must contain health warnings set by the Cannabis Control Board in consultation with the Department of Health.

  
  

• Pre-Dissemination Approval: 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

• Marketing Limits: Can market but avoid false claims, targeting minors, or suggesting cannabis is candy.

  
  

• Audience Age: Ads must target groups where 85 percent are 18 and older. No ads during school hours.

  
  

• Ad Content Rules: Ads must identify the business and not claim health benefits without evidence. No recreational use promotion.

  
  

• Prohibitions: No appealing to minors, no public pricing, no misleading health claims.

  
  

• Online Presence: Listings and websites are okay with age checks. Can share business info, not prices.

  
  

• Education Allowed: Can provide educational materials to the public, following guidelines.

  
  

• Signage Rules: Outdoor ads can’t be near schools or playgrounds. On-premise signs must be subtle and follow local laws.

  
  

• Public Spaces: No ads at sports events, on billboards, or public transit.

  
  

Washington

• General Advertising Rules: All advertising must avoid false or misleading statements and promote responsible consumption, avoiding overconsumption claims. No therapeutic or curative effect claims allowed. Cannot target or appeal to individuals under 21, including using imagery like cartoons, toys, or movie characters likely to attract minors. 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.

  
  

• Outdoor and Specific Media Restrictions: Cannabis advertisements are not permitted within 1,000 feet of schools, playgrounds, recreation centers, child care centers, public parks, libraries, or game arcades unless local ordinances allow. Restrictions apply to advertising on private and public vehicles, public transit vehicles and shelters, and other similar locations. Mandatory inclusion of text in all forms of advertisements stating that cannabis products are only for individuals aged 21 and over. Advertising aimed at out-of-state persons is prohibited.

  
  

• Outdoor Advertising Details: Besides billboards, retail cannabis businesses can only display two external signs with specific size limitations. Outdoor signs and billboards can only include the business name, location, and type of business without depicting cannabis plants or products. Signs visible from the exterior must adhere to outdoor advertising standards.

  
  

• Content Requirements for All Advertising: 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.

  
  

Marketing Regulations for Medically Legal States

Alabama

• Submission to Commission: All names, logos, advertisements, and marketing campaigns must be submitted to the Medical Cannabis Commission, including details like formats, mediums, distribution lengths, and assurances that real patients are not used in advertisements.

  
  

• Prohibited Advertisement Placements: No advertising within 500 feet of areas that might target or attract minors. No advertising on billboards, radio, television, public transit vehicles, or publicly-owned property.

  
  

• Content Restrictions: No appeals to minors, including cartoon characters or images appealing to youth. Cannot suggest relationships to edibles or beverages, target minors, or indicate government approval or endorsement. No false or misleading statements, use of slang, or claims of health benefits without substantial clinical data.

  
  

• Website and Web Presence: Must verify users are not minors before allowing access. Can’t allow direct engagement among consumers or content that appeals to minors. No business transactions or sales facilitation online.

  
  

• General Prohibitions for Licensees: External signage restrictions apply, including size and illumination limits. No sale or distribution of related clothing or apparel except for employee identification. No advertisement of medical cannabis brand names or related graphics on building exteriors or vehicles. Medical cannabis products or paraphernalia must not be visible from the exterior of the facility.

  
  

Arkansas

• Cultivation Facility and Processor Marketing: Prohibited from public advertising. However, allowed to market products directly to dispensaries and services directly to licensed facilities, solely targeting those businesses without public access. Banned use of medical or pharmacy-associated symbols in advertising, including crosses and caduceus.

  
  

• Dispensary Advertising Guidelines: Must not include misleading statements or target children through cartoons, toys, or similar imagery. Cannot encourage crossing state lines with medical cannabis, display consumption, promote cannabis as an intoxicant, or encourage excessive use. Required inclusion of specific advisories on all advertising: usage by qualified patients only, potential harms during pregnancy or breastfeeding, lack of FDA approval, and caution against operating vehicles or machinery under influence.

  
  

• Content and Location Restrictions: Advertising near schools, daycare centers, public transit vehicles, shelters, or on publicly-owned property is prohibited. Dispensaries must avoid broadcasting via television, radio, print, or internet unless assured that the audience is predominantly adults (70% over 18 years old). Dispensaries must provide audience composition evidence upon request.

  
  

• Promotional Restrictions: Coupons, rebates, or promotions related to medical cannabis purchases are forbidden unless part of a compassionate care plan approved by the Medical Marijuana Commission.

  
  

Delaware

• Advertising Restrictions: Prohibits advertising medical marijuana sales through print media, broadcast, or paid in-person solicitation.

  
  

• Approval Promotional Practices: Allows appropriate signage on the premises of registered compassion centers. Permits listings in business directories, trade, or medical publications. Endorses sponsorship of health, not-for-profit charity, or advocacy events without direct advertising.

  
  

• Healthcare Practitioner Restrictions: Health-care practitioners cannot refer patients to registered compassion centers or caregivers. Prohibited from advertising within a registered compassion center. Healthcare practitioners issuing written certifications must not hold a financial interest in any registered compassion center.

  
  

District of Columbia (D.C.)

• Window and Door Advertisement Restrictions: Prohibits displaying advertisements related to medical cannabis prices in the windows of registered establishments. Bans advertisements related to medical cannabis on the exterior of any window or on both the exterior and interior of any door.

  
  

• Exterior Signage and Illumination: No exterior signs advertising medical cannabis or visible from the exterior are allowed to be illuminated at any time.

  
  

• Content Restrictions: Forbids the use of imagery or illustrations that depict children, immature persons, or objects like toys that suggest the presence of children in any marketing material. Bans any design or content that could be particularly appealing to children or immature persons.

  
  

• Misleading Statements and Health Claims: Prohibits any statements known to be false or misleading regarding the price, ingredients, source, or manufacturer of medical cannabis, as well as health benefits. Forbids any statements that encourage the use or purchase of medical cannabis without a registration card.

  
  

Florida

• Public Visibility Restrictions: Prohibits medical cannabis advertising that is visible from streets, sidewalks, parks, or any public places, with specific exceptions.

  
  

• Dispensary Signage: Dispensaries can display a sign outside or in the window with the business name, trade name, or logo approved by the department. Names and logos cannot appeal to children or promote recreational cannabis use.

  
  

• Internet Advertising Conditions: All online ads must receive department approval before being published. Ads cannot target children or suggest recreational cannabis use. Bans unsolicited pop-up internet ads. Marketing communications must allow users to easily opt-out permanently.

  
  

Hawaii

• General Advertising Prohibitions: Dispensaries are barred from advertising in any form of media, including broadcast and electronic media such as radio, television, internet, and social media; print media including newspapers, magazines, and billboards; public transit vehicles and shelter placards.

  
  

• Permitted Information Sharing: Dispensaries can share general information like contact details, location, and a product list with descriptions as specified by certain regulations, via a website or private messaging upon individual request.

  
  

• Public Display Restrictions: Cannabis or cannabis products must not be displayed in windows or any area visible to the public.

  
  

• Use of Specific Words: The terms “candy” and “candies” are not allowed in any advertising, product lists, or product menus.

  
  

• Health Claims: Dispensaries and their staff are prohibited from making unsubstantiated, false, or misleading health or benefit claims about their products.

  
  

Kentucky

• General Advertising Guidelines: Cannabis businesses are restricted from advertising medicinal cannabis sales across print, broadcast, online, and other methods, with specific exceptions.

  
  

• Allowed Advertising: Signs on business property, business directory listings, trade or medical publication listings, sponsorship of health or not-for-profit events, and informational websites and social media presence are allowed.

  
  

• Facility Signage Restrictions: Cultivators, processors, and producers can’t display external signs or logos indicating cannabis activities within their facilities.

  
  

• Truthfulness in Advertising: All advertising must avoid deceptive, false, or misleading statements.

  
  

• Web and Social Media Presence: Cannabis businesses can maintain websites and social media for describing their services and products, providing educational materials, and displaying product information and certificates of analysis. Contact information and a list of dispensaries where their products are sold can also be provided. Businesses must report all web and social media accounts to the Cabinet for Health and Family Services and ensure the Cabinet’s access is not blocked. Prohibited content includes anything deceptive, targeting individuals under 18, promoting illegal activities, or depicting cannabis consumption. Websites and social media must clearly state: “Medicinal cannabis is for use by cardholders only” and “Keep out of reach of children.” Age verification measures for users are required.

  
  

• Non-Compliant Advertising Removal: Cannabis businesses must remove any advertising deemed non-compliant by the Cabinet upon written notice.

  
  

• B2B (Business-to-Business) Advertising: Direct promotion of cannabis businesses, services, and products is permitted only to other licensed cannabis entities. Safety compliance facilities can promote their testing services exclusively to other cannabis businesses.

  
  

Louisiana

• General Advertising Restrictions: Cannabis retailers are restricted to advertising solely through a single internet website and signage on their premises. Advertising through public media is explicitly banned. This includes newspapers, billboards, television, radio, social media, and any internet site other than the designated single website for the retailer.

  
  

• Signage Guidelines: Retailers may have up to two external signs attached to their premises. Signs are limited to displaying the business or trade name. Each sign’s size cannot exceed 1,600 square inches.

  
  

Mississippi

• Restrictions on Advertising and Marketing: Licensed entities are strictly prohibited from advertising in all forms of media, including broadcast or electronic media, such as radio and television; and print media like newspapers. There are also comprehensive bans on mass communication methods, including mass text or messaging communications and mass email communications.

  
  

• Visibility and Public Space Restrictions: Cannabis products must not be displayed in windows or any public view. Advertisements should not be viewable from or in public spaces, including, but not limited to “Adopt a Highway” signs and electronic interstate signs.

  
  

Nebraska

On December 12, 2024, Nebraska’s medical cannabis laws, established by Initiatives 437 and 438, took effect, legalizing and regulating medical cannabis use in the state. However, specific marketing guidelines for medical cannabis businesses have not been fully detailed yet. The Nebraska Medical Cannabis Commission, formed under Initiative 438, is tasked with developing comprehensive regulations, including those related to advertising and marketing. The commission is required to establish these rules by July 1, 2025, with the goal of beginning to grant business registrations by October 1, 2025. 

In the interim, medical cannabis businesses in Nebraska should adhere to general advertising principles common in other medically legal states:

• Avoid Targeting Minors: Refrain from using imagery, language, or placement that could appeal to individuals under 18.

  
  

• Prohibit Misleading Claims: Ensure all promotional materials are truthful and do not make unverified health benefit assertions.

  
  

• Restrict Public Advertising: Limit advertisements in public spaces, especially near schools, parks, and areas frequented by minors.

  
  

• Control Digital Content: Implement age verification on websites and social media platforms to prevent access by minors.

  
  

• Comply with Local Signage Laws: Follow existing state and local regulations regarding business signage, including size, illumination, and content restrictions.

  
  

New Hampshire

• Advertising Restrictions: Medical cannabis businesses can’t advertise cannabis products or services widely.

  
  

• Business Identification: Using business name and logo are allowed, excluding medical symbols or cannabis imagery.

  
  

• Exterior Signs: Allowed on the cannabis business’ property, but no flashing lights, and the building cannot be illuminated when closed. No signs at cultivation/processing locations.

  
  

• Directory Listings: Listings in business directories and search engines are allowed.

  
  

• Website and Social Media: Businesses may have websites and social media with specific cannabis business information, all of which must be age-restricted.

  
  

• Email Communication: Emailing current patients, caregivers, and consenting adults with allowed information is permitted.

  
  

• Educational Engagement: Communication for educational purposes with healthcare providers and community leaders is allowed.

  
  

• Prohibited Advertising Practices: Misleading claims, appealing to children, encouraging illegal activities, and promoting unapproved health benefits claims are all prohibited.

  
  

North Dakota

• Business Identity Display: 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.

  
  

• Website Content for Dispensaries: Websites are allowed to include facility name and contact info, operating hours, available products and pricing, and additional department-approved information.

  
  

• Manufacturing Facility Branding: Allowed to display their name and logo with the same restrictions as dispensaries.

  
  

• Website Content for Manufacturing Facilities: Can include facility name, phone number, and other approved information.

  
  

• Dispensing Rules: Dispensaries can only dispense cannabis to registered patients or caregivers, strictly prohibiting free distribution.

  
  

• Marketing Approval: Any marketing or advertising not explicitly allowed requires department approval, with a 30-day review period for approval or denial.

  
  

Ohio

• Pre-Approval Required: 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.

  
  

• Advertising Restrictions: 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.

  
  

• Content Restrictions: Cannabis ads must not feature images appealing to children, market to individuals under 18, or contain false or misleading statements. They must not suggest endorsement by state entities or promote non-qualifying condition use.

  
  

• Website Guidelines: Medical cannabis dispensaries can have websites with business info and services, requiring age verification for access.

  
  

• No Direct Engagement: Websites cannot facilitate direct consumer interaction or content sharing with minors.

  
  

• External Signage and Branding Restrictions: Limits on sign size and illumination and prohibition on displaying medical marijuana or paraphernalia that’s visible externally.

  
  

• No Unauthorized Third-Party Use: Dispensaries cannot authorize third parties to use prohibited advertising methods.

  
  

Oklahoma

• General Prohibition: Cannabis commercial licensees must not disseminate advertising with materials prohibited under Oklahoma law.

  
  

• Content Restrictions: 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.

  
  

• Misleading Information: Specifically prohibited misleading information includes claiming the cannabis product is “organic” without official authorization or stating “pesticide-free” unless completely devoid of pesticides.

  
  

Pennsylvania

• Federal Consistency: Advertising and marketing practices must align with federal regulations on prescription drug advertising.

  
  

• Department Approval: All promotional, advertising, and marketing materials must receive prior approval.

  
  

• Exception for B2B Communications: Rules do not apply to product listings provided by growers/processors to dispensaries detailing available products for sale.

  
  

South Dakota

• Usage Statement: All advertisements must clearly state “For medical use by qualifying patients only.”

  
  

• Identification Requirement: Advertisements must include the medical cannabis establishment’s identification number.

  
  

Utah

• General Advertising Restriction: Cannabis production establishments are prohibited from advertising to the general public in any form.

  
  

• Employment Advertising: Advertising for employment opportunities at cannabis production establishments is permitted.

  
  

• Website Maintenance: Allowed to contain information about the establishment and employees. Cannot advertise medical cannabis, cannabis products, or medical cannabis devices.

  
  

• Exterior Signage: Signage on the outside of the establishment may include the establishment’s name, logo, and hours of operation, and a green cross. Must comply with local signage ordinances.

  
  

• Educational Events: Can hold educational events for the public or medical providers with specific restrictions: no topics can conflict with relevant laws, only educational materials can be distributed, no gift items or merchandise, no marketing for specific products, and presenters must be licensed professionals or state employees.

  West Virginia

• Signage Regulations: Must comply with local ordinances regarding sign size, location, and content. Signs advertising cannabis must not be misleading and cannot be placed where prohibited by state or local law.
  

• Advertisement Requirements: All advertisements must clearly include the cannabis business name and applicable license number. Ads must not promote cannabis use in a way that is misleading or appealing to minors.
  

• Logo and Advertisement Content: Cannot contain false or misleading information. Advertisements must not depict excessive cannabis consumption or suggest curative or therapeutic claims without FDA approval. Images or themes that appeal to individuals under 21, such as cartoons, toys, or childlike imagery, are strictly prohibited.

  
  

• Placement Restrictions for Ads: Advertising is restricted within 500 feet of schools, daycares, playgrounds, public parks, and youth centers. Billboard advertising is highly restricted and subject to additional state scrutiny.
  

• Mandatory Warning Statements: All ads must display warnings regarding the intoxicating effects of cannabis, impairment risks, risks for pregnant or breastfeeding women, and that products are intended for adult use only. Warnings must be clearly visible and in a contrasting font or design.
  

• Web Advertisement: Online advertisements, including websites and social media pages, must utilize age-gating to verify that viewers are 21 years or older before accessing cannabis-related content.
  

• Location-Based Marketing: Location-based marketing strategies must not directly target minors. Apps or platforms used for location-based marketing must have an opt-in feature and verify that users are 21 or older.
  

• Event Sponsorship: Sponsorship of events like concerts, expos, or festivals is permitted if the event reasonably ensures that a majority of attendees are 21+. Sponsorships must comply with all applicable advertising restrictions.
  

• Sales Promotion Restrictions: Promotions involving games, contests, coupons, giveaways, or free cannabis samples are prohibited unless explicitly allowed by law. All promotional materials must be directed toward an audience of legal age and avoid appealing to children.

  
  

Non-Legal Cannabis States

• Idaho 

• Kansas 

  
  

What You Can and Can’t Market in Non-Legal States

Given the complexity and variability of cannabis marketing regulations across different states, especially those where cannabis remains illegal for all purposes, brands face significant restrictions regarding what they can do in terms of marketing and advertising. In states where cannabis is completely illegal, including for medicinal use, the options for marketing legal cannabis brands are severely limited. 

Here’s a general overview:

• Marketing in Non-Legal States: Generally, in states where cannabis is fully illegal, cannabis-related businesses cannot legally market or advertise their products. This includes a wide range of prohibitions, from direct advertising in local media to digital marketing strategies that might target residents of these states.

  
  

• General Guidelines:

  • No Direct Advertising: Any direct advertising or marketing efforts targeting these states are typically not allowed. This includes traditional advertising methods such as print, radio, and television, as well as digital advertising on social media platforms, search engines, and websites.

    
    

  • Educational Content: Sometimes, brands focus on providing educational content that does not directly advertise cannabis products but rather educates the audience on topics related to cannabis. Even so, such efforts must be carefully designed to ensure they comply with local laws.

    
    

  • Branding and Online Presence: Brands may maintain a basic online presence (e.g., a website) primarily for informational purposes. However, any content that could be interpreted as directly promoting the sale or use of cannabis in states where it’s illegal is prohibited.

    
    

  • Focus on Legal Markets: Brands often focus their marketing efforts on states where cannabis is legal, using geo-targeting and other strategies so that advertising only reaches audiences in those areas.

    
    

Marketing Regulations for States with Legal Low-THC and CBD

The 2018 Farm Bill legalized hemp-derived cannabinoids, like CBD, across the U.S., but state-specific regulations affect how these products can be marketed. This section examines the marketing rules for states allowing low-THC and CBD products.

Georgia

• Accuracy and Substantiation: Ensure product information is accurate, truthful, and properly substantiated by following the Farm Act and rules.

• Information for Physicians: Products may be presented to physicians through electronic communication, printed mail, or in-person.

• Restrictions on Public Advertising: Direct advertising or marketing of products to patients, caregivers, or the general public is prohibited.

  
  

Indiana

*There are currently no laws on the books regarding advertising and marketing for CBD and low-THC cannabis products. In fact, all products are technically illegal. However, there are instances of radio ads and billboards for an Illinois-based dispensary appearing in the state. That said, it is advisable to tread carefully and consult the proper officials before implementing cannabis advertising/marketing of any kind in Indiana.

Iowa

• Manufacturer Marketing Permissions: Can display business name and logo on medical cannabidiol products, signs, websites, and informational materials provided to patients. The name or logo should not include images of cannabis, paraphernalia, slang terms, strain names, unsubstantiated medical claims, or medical symbols similar to those of established medical organizations without department approval.

• Signage and Website: Allowed to have signs on the manufacturing facility. May maintain a website with the manufacturer’s name, contact info, medical cannabidiol forms produced, and other approved information. The site should avoid false or misleading claims about health benefits.

• Additional Marketing Activities: For marketing activities not already specified, manufacturers must get written approval from the department, which will respond within 30 days. If there’s no response within this period, the marketing request is deemed approved.

• Public Viewing Restrictions: Displays and signage inside the manufacturing facility must be arranged to prevent public viewing from outside.
  

North Carolina

• *North Carolina has yet to legalize cannabis for medical or recreational use. However, in June 2022, the state governor signed the North Carolina Farm Act of 2022 to legalize hemp and all CBD-infused products. As of now, there are no advertising/marketing laws on the books for cannabis products. 
  

South Carolina

• Package Labeling Requirements: Must include department-issued symbols indicating the package contains marijuana and is harmful to children; the cultivator’s or manufacturer’s name and contact info; results of independent testing lab analysis; seal or stamp certifying testing standards compliance; unique batch number for traceability; ingredients list and possible allergens; THC content and number of servings for multi-serving products; warning notice regarding lack of FDA approval, potential health risks, and legal prohibitions against driving or operating machinery under influence.

• Advertising Restrictions: Prohibited if deceptive, false, or misleading; limited to mediums where 85 percent of the audience is expected to be 21 or older; cannot portray individuals under 21 or use designs appealing to this age group; no mascots, cartoons, brand sponsorships, or celebrity endorsements appealing to those under 21; false or misleading statements about licensees are banned; promotional giveaways, coupons, or free marijuana products are not allowed; using radio or loudspeakers to attract attention to establishments is prohibited; sponsorships of any kind are forbidden.

• Online Advertising and Website Requirements: Websites must verify visitors are at least 21 years old; unsolicited pop-up advertisements are banned.

• Retail Advertisement Restrictions: Cannot use content aimed at encouraging anyone under 21 years of age to purchase or consume cannabis.
  

Tennessee

*There are currently no advertising regulations in place for any cannabis products, including those intended for medical use containing CBD/low-THC.

Texas

*Cannabis remains illegal in almost all contexts in the Lone Star State; however, there are a few entities that are authorized to dispense certain CBD and low-THC products. These entities are qualified to prescribe these products under the Texas Compassionate-Use Program and advertising under this program is severely limited. 

Wisconsin

*No cannabis-related businesses, including producers, processors, distributors, retailers, lounge operators, or microbusinesses, are allowed to advertise usable cannabis in any form or through any medium.

Wyoming

*In Wisconsin, cannabis-related entities are prohibited from advertising usable cannabis across all forms of media. Similarly, Wyoming restricts the promotion, advertising, and display of medical marijuana and its derived products strictly to individuals holding a valid medical marijuana certification.

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