As cannabis becomes a more mainstream part of our culture from sales to usage, it’s important that advertisers understand the regulations and what is permissible in relation to the advertising around it. Marketsmith is an agency that’s up to date on the latest regulations, and we’re here to educate you on the latest developments as the cannabis market begins to skyrocket.
While cannabis has been legalized nationally, advertising regulations in regard to it, as well as CBD products, remain in the hands of the states. As of now, there aren’t any federal guidelines that states use to develop their own regulations. However, there are a few general principles that are commonplace across most states’ CBD/cannabis regulations in regard to marketing:
- No specific health claims can be made (some states have a caveat that any health claims must be supported by scientific evidence)
- No use of animation or characters attractive to young children
- Do not target individuals below the legal age of 21
- Do not advertise any ingestible products unless they are FDA approved
Social Media Limits for Cannabis
TikTok and Meta still remain heavily regulated and limited in terms of cannabis advertising. For Meta, companies are permitted to provide education or public service announcements about cannabis products. However, advertisers can’t directly promote or offer the sale of cannabis products. Advertisers face similar barriers on TikTok, with heavy regulations on anything related to drugs and alcohol.
Twitter has recently made headlines as the first social media application to allow advertisements to directly promote the sale of cannabis and cannabis-related products, specifically:
- Advertisers can promote cannabis-related content for CBD, THC, and related products and services
- Advertisers may feature packaged products in ad creative
- Companies must have the proper license, pass through Twitter’s approval process, and only target jurisdictions where they are licensed to operate
Regulations for digital display ads, radio, TV, and out of home (OOH) haven’t changed drastically and vary by state, despite the legalization of cannabis across the country. Check out our last blog on the topic to learn more about the regulations for each of these platforms.
We are here to help with cannabis marketing!
As cannabis and its advertising become more mainstream, it’s likely that all of these regulations are going to continue to adapt and evolve. We are here to help keep you up to date, so you can take advantage of this new market and leverage it to your brand’s benefit. Contact us to understand your limits and how we can assist you with your marketing needs.