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Part
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Cannabis Advertising Rules
Key Takeaways
- The only sign-based marijuana advertising allowed on buildings in New York must be in black and white.
- In New Jersey, TV and radio marijuana ads are allowed, but must be aired between 10 p.m. and 6 a.m..
- Digital media advertisements are allowed in Massachusetts, however unsolicited pop-up advertisements are not allowed, and for mobile applications, social media, and websites, it must be ensured that the target audience is at least 85% over 21.
Introduction
An overview of cannabis advertising rules in regulations in each of the required states and provinces (Washington, New Jersey, New York, Illinois, Massachusetts, Oregon, Ontario, and Alberta) has been provided below. For each, we've focused on which advertising mediums can be used legally, as well as providing details on any related advertising restrictions or legislations.
Washington
Allowed
- Digital marketing, both independently and through a paid advertising agency are allowed, including Google ads and other paid search options.
- Direct mail and print advertising is allowed, but cannot contain coupons.
- Billboards and visual signage are allowed, but there are limitations on imagery allowed, as well as certain words.
Restricted
- Advertising is not allowed on public transit or within shelters for public transit.
- Advertising is not allowed on publicly owned property.
- Advertising is not allowed within 1,000 feet of places frequented by minors under 21, including playgrounds and schools.
- People are not allowed to advertise in the street, including sign spinners and costumed provocateurs to draw attention to a business.
- Wrapped vehicles are also not allowed as signage.
New Jersey
Allowed
- Billboards are allowed but cannot be within 200 feet of a elementary or secondary school.
- TV and radio ads are allowed, but must be within hours typically only adults are viewing to avoid advertising to youth. Those hours are between 10 p.m. and 6 a.m.
- Print ads are allowed.
- Digital advertising must be restricted to those over age 21.
Restricted
There are no state statutes directly restricting type of marijuana advertising as a whole, rather most restrictions refer to alternative treatment centers which include:
- Signage must be black text on white background
- Signage cannot be illuminated.
- Marijuana brand names cannot be displayed on exterior of treatment centers
- Price cannot be displayed on the exterior of a building, and must be listed within a catalog or printed price list located inside the center
- Novelty and promotional items such as T-shirts or products bearing brand names are prohibited.
New York
Allowed
- Signage on buildings is allowed, however signage on a building owned by a registered organization must be only black and white.
- Most forms of print media are allowed, but must meet stringent guidelines (below).
- Digital media is allowed, and there are not yet state mandated restrictions on it.
Restricted
- Outdoor marijuana signage cannot be illuminated.
- Brand names cannot be advertised on the outside of physical structures.
- Print media must contain a 'true and accurate statement' related to effectiveness, side effects or contraindications.
- Typography and layout must achieve emphasis on accurate portrayal.
- All claims in advertising must be backed by research or science and no source can be used out of context to 'convey false or misleading ideas'.
Illinois
Allowed
- Illinois law allows marijuana advertising on TV and radio.
- There are no regulations against using magazines, newspapers, or digital media.
- Signage is allowed but restricted by location.
Restricted
- Imagery appealing to minors cannot be used, including cartoons.
- Marijuana consumption or photos of buds or leaves cannot be shown in ads.
- Ads cannot be located within 1,000 feet of places trafficked by those under 21, including schools, playgrounds, arcades, libraries, and parks.
- Ads can't be placed within public transit or transit related shelters.
Massachusetts
Allowed
- While digital media is allowed, unsolicited pop-up advertisements are not allowed, and for mobile applications, social media, and websites, it must be ensured that the target audience is at least 85% over 21.
- A brand’s own website must have an age-gate that verifies that site visitors are over 21 years old.
- While TV and radio ads are allowed, it must be similarly ensured that at least 85% of the target audience is 21 or older.
- While print media is allowed, coupons are not allowed, and price cannot be noted in print ads.
- Sign based advertising can only be on the side of an establishment where the product is sold.
Restricted
- Gifts, giveaways, and offers for free cannabis products are not allowed.
- The use of radio or loudspeakers for marijuana advertisement is not allowed.
- Signs or ads on public or private vehicles or within transit areas are not allowed.
- Advertisement on promotional items such as cups, apparel, or novelty items is not allowed.
- Advertising cannot feature cartoons or symbols typically aimed at advertising to minors.
- All advertising and branding must include the statement “Please Consume Responsibly,” as well as at least two of the following warnings; “This product may cause impairment and may be habit-forming", “Marijuana can impair concentration, coordination and judgment. Do not operate a vehicle or machinery under the influence of this drug”, “There may be health risks associated with consumption of this product”, “For use only by adults 21 years of age or older. Keep out of the reach of children.”, or “Marijuana should not be used by women who are pregnant or breastfeeding.”
Oregon
Allowed
- Nearly all types of advertising are allowed for marijuana in the state of Oregon, including storefronts, street side marketing, billboards, TV, radio, digital media, magazines, and newspapers.
Restricted
- While it is noted that marijuana advertising should only target audiences with 30% under 21 years of age, there are few actual descriptions of how this is to be measured, meaning it is infrequently enforced.
- However, while radio and TV advertisements are allowed, networks often refuse them as a result of competing funds from alcohol advertisers.
- No form of advertising can promote interstate marijuana transportation.
- Advertisements are also not allowed to include "words saying that marijuana or marijuana-infused products are safe, regardless of the lab results".
- Fliers cannot be distributed on public property.
Ontario
Allowed
- "Telecommunication" promotion, which includes Internet, cell phone, email, and social media are all allowed per Canadian national standards, however it has to be restricted to not be accessed by or aimed at a young person under 18.
- Text messages campaigns are allowed.
- While print media is allowed, it is not allowed to offer complimentary coupons or promotional items such as free sporting tickets with purchase in a print ad.
Restricted
- Websites must require users to enter their exact birth date.
- Ads on other digital platforms must be programmed to show up only for users of an indicated age.
- Promotional items that are not cannabis and cannabis use accessories, can only be sold online or in non-cannabis retail outlets, not in cannabis retailers.
Alberta
Allowed
- Advertising in all traditional media including television, radio, newspapers, magazines, outdoor advertising, fliers, billboards, transit shelters, inflatables, commercial and corporate vehicles or direct mail; is allowed.
- Digital and social media advertising, including social media posts on news feeds and/or profiles, blogs, or websites is allowed.
The following allowances are the same for Alberta as listed above for Ontario, as per Canadian regulation:
- "Telecommunication" promotion, which includes Internet, cell phone, email, and social media are all allowed per Canadian national standards, however it has to be restricted to not be accessed by or aimed at a young person under 18.
- Text messages campaigns are allowed.
- While print media is allowed, it is not allowed to offer complimentary coupons or promotional items such as free sporting tickets with purchase in a print ad.
- Promotional items are allowed, as long as the items are not aimed at targeting youth.
Restricted
- Websites must require users to enter their exact birth date.
- Ads on other digital platforms must be programmed to show up only for users of an indicated age.
- Promotional items cannot be associated “with a way of life such as one that includes glamour, recreation, excitement, vitality, risk or daring,” as this is considered targeting youth audiences.
- Print and sign advertisements are limited to places that are not targeting those under age 18.
- Advertisement cannot contain a "depiction of a person, character or animal, whether real or fictional".
- Ads cannot contain "claims of positive or negative impact as a result of usage", or encourage irresponsible marijuana use.
Research Strategy
In order to provide an overivew of cannabis advertising rules and regulations in each of the required states and provinces (Washington, New Jersey, New York, Illinois, Massachusetts, Oregon, Ontario, and Alberta), information was sources from state regulatory documentation and government websites, as well as other reputable media sources compiling data directly from government regulatory guidelines and reports.