Cannabis use has gained lots of support in the last few years. More states are legalizing medical and recreational cannabis across the country. We know that it can be daunting starting or managing a business that is constantly changing regulations. We’ve put together a list of state- specific advertising and marketing basics to get you started. With that said, all information within is subject to change. For the latest information, please double-check with local regulators.

Hemp and CBD sales

are expected to reach

$16 billion by 2025.

State-by-state regulations

  • Alaska

    What’s Legal

    Recreational / / Medicinal

    By the Numbers

    By 2024, sales will reach $284 Million Dollars In September 2020, Anchorage posted a record $9 Million in recreational sales, a 25% increase YOY growth from the same month in 2019.

    Good to Know

    Alaska was the second state in the U.S. to adopt decriminalization. - Since 2014 it has been legal to possess, use, and cultivate marijuana for recreational purposes. Medical use of the same kind has been legal since 1998. Both are only allowed within an individual's private residence.

    Need to Know

    A license is required to advertise marijuana in the state of Alaska.

    The sale of marijuana online is prohibited.

    Dispensaries are allowed to place a window display sign or attach it to the exterior of building as long as it doesn’t exceed 4,800 sq. inches.

    Stores may not have more than three signs visible that identifies the store by its business name. 

    No advertising for marijuana products within 1,000 feet of a child-centered facility, a substance abuse treatment facility, or a post-secondary school.

    All information must be accurate, nothing false or misleading.

    Cannot promote excessive consumption or create the illusion of providing curative or
    therapeutic effects.

    Cannot depict anyone under the age of 21 consuming marijuana.

    Cannot include a character or toy that appeals to people under 21.

    NO coupons, competitions, or contests allowed that encourage the sale of marijuana.

    Sources: Brightfield Group; Investopedia 2021, Alaska Department of Commerce, Community, and Economic Development 2021, Ignite Digital 2021

  • Arkansas

    What’s Legal

    Recreational / / Medicinal

    Arkansas’s medical marijuana program is regulated by the Arkansas Department of Health’s Rules and Regulations Governing Medical Marijuana Registration, Testing, and Labeling in Arkansas. Arkansas enacted new legislation in 2019 that placed increased regulation on advertising and labeling of medical cannabis products and dispensaries.

  • Arizona

    What’s Legal

    Recreational / / Medicinal

    By the Numbers

    In the first year of legality Arizona appears on track to well surpass $1 billion in total annual sales of medical and recreational cannabis.

    Good to Know

    In 2020, Arizona residents voted to legalize the possession and cultivation of marijuana for recreational purposes, in addition enabling the establishment of a retail cannabis market.
     
    Need to Know

    May 2021 - Lawmakers have refused to place restrictions on advertising marijuana that don’t exist for liquor and, to a great extent, for tobacco products.

    There are no significant updates on ways that marijuana advertisers can safely promote products or dispensaries while being in compliance with the FCC.

    All information must be accurate, nothing false or misleading.

    Cannot promote excessive consumption or create the illusion of providing curative or therapeutic effects.

    Cannot depict anyone under 21 consuming marijuana.

     
    Sources: Investopedia 2021, tuscon.com 2021, Community, and Economic Development 2021, Ignite Digital 2021
     
     

  • California

    What’s Legal

    Recreational / / Medicinal

    By the Numbers

    Sales of marijuana in California hit 4.4 billion in 2020, up 57% from 2019.

    Good to Know

    It has been legal to possess, use, and purchase marijuana in California for both medical and recreational purposes since 1996 and 2016, respectively.
     
    Having more than one ounce or more in your possession for recreational use is illegal.
     
    Need to Know

    You cannot sell and deliver marijuana outside the context of retail sales.

    Cannabis ads can only be displayed where at least 71.6 percent of the audience is suspected to be 21 years of age or older. This applies to broadcast, cable, radio, print, and digital communications.

    There cannot be ads on billboards that are located along an interstate or state highway that crosses the border of California.

    False/misleading advertisements are not allowed, and all claims must be supported by true information. There are also no unsupported or misleading claims of health benefits from cannabis products.

     
     

  • Colorado

    What’s Legal

    Recreational / / Medicinal

    By the Numbers

    Since 2012, when voters in Colorado passed Amendment 64 and legalized the first adult-use, recreational marijuana market in the U.S., the state has surpassed $10 billion in total sales.

    Good to Know

    It has been legal to possess, use, purchase, sell, and cultivate marijuana in Colorado for medical and recreational purposes since 2001 and 2012, respectively.
     
    Carrying more than one ounce carries a penalty, and larger amounts can result in offenses and felonies.
     
    Need to Know

    The sale and delivery of marijuana is illegal outside the context of retail sales by state-licensed entities.

    Cannot engage in advertising via marketing towards location-based devices, including cell phones, unless marketing is done within an app on the device of the owner that is 21 years of age or older, and includes permanent and easy opt-out feature.

    No unsolicited pop-ups may be served.

    May sponsor events but can only advertise at, or in connection with the event
    with the understanding that no more than 30% of the audience is reasonably
    expected to be under the age of 21.
     
    According to the Colorado Retail Marijuana Regulations:
    • No false/ misleading/ deceptive statements.
    • TV, Radio (Including digital audio), and Internet – Can only advertise if no more than 30% of the audience for the program is expected to be under the age of 21.
    • No targeting out-of-state persons.
    • Must comply with all local ordinances regulating signs and advertising.
    • Outdoor advertising is generally prohibited, no billboard or other outdoor general advertising device; any sign mounted on a vehicle, any hand-held or other portable sign; or any handbill, leaflet or flier directly handed to any person in a public place, left upon a motor vehicle, or posted upon any public or private property without the consent of the property owner.
       
     
    Sources: Investopedia 2021, Community, and Economic Development 2021, Ignite Digital 2021, Colorado Department of Revenue 2013, The Cannabis Marketing Association 2020
     

  • Connecticut

    What’s Legal

    Recreational / / Medicinal

    By the Numbers

    No data yet, sales slated to start in 2022.

    Good to Know

    Connecticut legislation allows adults 21 years and older to possess up to 1.5 ounces of cannabis flower or an equivalent amount of concentrate in public, and up to 5 ounces in their homes, beginning July 1, 2021.
     
    Connecticut is the 19th state to end prohibition after the Legislature met in special session to approve the measure in August 2021.
     
    Need to Know

    Retail sales will begin at the end of 2022, and the sale, manufacture, and cultivation of cannabis (aside from home grow) require a license from the state.

    Advertising of cannabis is restricted within 500 feet of a school.

    Advertising restrictions apply to all cannabis advertising, whether or not the advertiser is a state licensee.

    All cannabis-related advertising will be banned on television, radio, internet, print, and billboards unless the advertiser has reliable evidence that more than 90% of the audience reached by the advertising is at least 21 years of age or older. 
     
    Source: Connecticut Government 2021
     

  • Delaware

    Delaware’s Medical Marijuana Act is detailed in Title 16, Chapter 49A of the Delaware Code. The law does not mention digital advertising but advertising in print and broadcast media is explicitly prohibited.

  • District of Columbia

    What’s Legal

    Recreational / / Medicinal

    By the Numbers

    Recreational marijuana sales are forecast to reach $140 million in 2024.

    Good to Know

    It has been legal to possess and use marijuana in the District of Columbia for both medical and recreational purposes since 2010 and 2015, respectively.
     
    Thanks to centuries-old laws that give Congress broad oversight over the capital, it’s home to the most unique cannabis industry structure in the nation. Despite it being legal to possess and even grow at home, it’s been against the law to sell cannabis in D.C. since legalization took effect six years ago.

    Residents are allowed to “gift” someone up to an ounce, but sales of any amount are prohibited thanks to the infamous “Harris Rider,” a provision blocking D.C. cannabis sales which for years was added onto the federal budget by Rep. Andy Harris (R-MD).

    Need to Know
     
    They are not overly strict with their cannabis dispensary marketing laws; most have to do with sign advertising and prohibited statements, which makes it all pretty confusing.
     
    Signs for marijuana dispensary marketing have a lot of restrictions. They cannot be placed in an area that is visible from the exterior of the establishment. ​

    No advertisements relating to the dispensary or marijuana can be displayed on the exterior of any window or on any door (interior or exterior).

    Any statements that are made on dispensary marketing materials must be truthful.

    Advertising must refrain from being misleading in regard to the price, ingredients, source, and health benefits.
     
    Sources: Investopedia 2021, DC.gov, Ignite Digital 2019

  • Florida

    Since being authorized in 2016, medical cannabis sales in Florida are booming. Florida’s cannabis advertising law is detailed in Section 986 of Florida’s Public Health Statutes. The laws allow for medical marijuana treatment centers to advertise online, but only with approval from the Department of Health.

  • Hawaii

    Medical cannabis dispensaries in Hawaii are prohibited from advertising, although they may maintain a website with basic information. The laws are detailed in Title 11, Chapter 850 of the Hawaii Administrative Rules.

  • Illinois

    What’s Legal

    Recreational / / Medicinal

    By the Numbers

    Illinois adult-use cannabis sales reached $127.8 million in July 2021, about a $12.3 million increase from June, which reported over $115.5 million in recreational sales. In 2020, Illinois totaled over $669 million in recreational cannabis sales, and the state has already surpassed that figure just seven months into 2021, generating over $753 million in adult-use sales.

    Good to Know

    It has been legal to possess, use, purchase, and sell marijuana in Illinois for medical and recreational purposes since 2013 and 2019, respectively.
     
    In July 2021, the sales from out-of-state residents hit a record-high and showed a $10 million increase from the previous month, which reported over $36.3 million in sales from out-of-state residents.
     
    The state is in the process of expanding its cannabis program, as it's currently awarding 185 cannabis dispensary licenses in a series of lotteries.
     
    Need to Know

    No ads with false messages, nothing aimed at individuals under the age of 21 that show overconsumption.

    Illinois law bans the depiction of the consumption of cannabis, precludes ads within 1,000 feet of a school, park, or library, or on any public transportation.
     
    Also banned are any health claims associated with using the product.


     
    Sources: Investopedia 2021, Cannabis Business Times: Chicago Tribune 2020
     

  • Louisiana

    Louisiana legalized medical marijuana in 2016, and it is regulated by The Louisiana Department of Agriculture and Forestry. Louisiana’s cannabis advertising laws are outlined in Chapter 29 of the Medical Marijuana Rules. The law prohibits all forms of advertising to the general public.

  • Maine

    What’s Legal

    Recreational / / Medicinal

    By the Numbers

    From January to October of 2020, sales reached $221.8 million, and marijuana secured its place as Maine’s biggest crop, edging out potato, milk and blueberry sales.

    Maine’s adult-use cannabis sales surpassed $9 million in July, a 45% increase over June, according to a CentralMaine.com report

    Good to Know

    It has been legal to possess, use, and cultivate marijuana in Maine for both medical and recreational purposes since 1999 and 2016, respectively.
     
    In July 2021 a federal court has overturned the state’s requirement that all medical cannabis dispensaries must be owned by Maine residents.
     
    Need to Know

    In regards to advertising and marketing used by or on behalf of a registered caregiver or dispensary, there are certain rules in place:
    • They may not be misleading, deceptive, or false.
    • Cannot involve mass market advertising or marketing campaigns that have a high likelihood of reaching persons under 21 years of age or are specifically designed to appeal to persons under 21 years of age.
    • Cannot be placed or otherwise used within 1,000 feet of the property line of a preexisting public or private school.
       
     
    Sources: Investopedia 2021, Maine Legislature 2017
     

  • Maryland

    Maryland’s medical marijuana laws are outlined in Title 10, Subtitle 62 of the Maryland Department of Health regulations, entitled the Natalie M. LaPrade Medical Cannabis Commission. There is also a compilation of the state’s medical marijuana regulations accessible on the Maryland medical Cannabis Commision website. The law dictates that all online advertisements must be age-gated to viewers over age 18 and designate that cannabis is only for use by qualified medical patients.

  • Massachusetts

    What’s Legal

    Recreational / / Medicinal

    By the Numbers

    The Massachusetts adult-use market is now worth $1 billion annually. $1.26 billion worth of cannabis products were sold through the adult use market between November 2018 and February 2021.

    Good to Know

    It has been legal to possess, use, purchase, sell, or cultivate marijuana in Massachusetts for both medical and recreational purposes since 2013 and 2018, respectively.
     
    Need to Know

    There are two different distinctions between the locations and thus, the
    licenses, that those businesses would need to obtain.
    • Medical Marijuana Treatment Centers (MTC) – Formerly known as Registered Marijuana Dispensaries. This is a vertically integrated business that cultivates, processes, and retails its own marijuana and product for medical use. Delivery is also allowed of the products to Registered Qualifying Patients.
    • Marijuana Establishments (ME) – Means a Craft Marijuana Cooperative, Cultivator (Indoor or Outdoor), Independent Testing Laboratory, Marijuana Courier, Marijuana Delivery Operator, Marijuana research Facility, Microbusiness, Product
      Manufacturer, Retailer, Social Consumption Establishment, Standards Laboratory, Transporter, or any other type of adult-use marijuana business licensed by the Cannabis Control Commission, excluding MTCs.
    The Cannabis Control Commission allows the sale and advertisement of cannabis in Mass as long as:
    • The ads are true and do not mislead customers.
    • Steps are taken to ensure that the ads to not reach or appeal to anyone under the age of 21.
    • The ads include the necessary commission-approved warnings.
    • The ads comply with specific provisions aimed at keeping cannabis promotion discreet.
     
    Sources: Investopedia 2021, Mass Cannabis Control 2021, Cannabis Creative 2021
     

  • Michigan

    What’s Legal

    Recreational / / Medicinal

    Michigan legalized recreational cannabis in 2018, but it was not until 2019 when the Michigan Department of Licensing and Regulatory Affairs released the official Adult Use Marijuana Establishmentsand began recreational sales. Michigan’s cannabis advertising laws are detailed in Rule 52 and require all advertisements to include warnings.

  • Minnesota

    Minnesota’s cannabis advertising regulation are detailed in Minnesota’s Administrative Rules.
    Aside from an age-gated business website listing location, hours, and product pricing, the law requires all other marketing and advertising activities to be approved by the commissioner.

  • Missouri

    What’s Legal

    Medicinal

    Missouri legalized medical cannabis in 2018, but the program is not yet fully operational. Missouri’s medical marijuana laws are detailed in Division 30, Chapter 95 of the Missouri Code of Regulations. The law prohibits all forms of advertisements to the general public.

  • Montana

    What’s Legal

    Medicinal

    Montana’s medical cannabis regulations are detailed in Title 50, Chapter 46 of the Montanna Code. The law explicitly prohibits all forms of advertising including electronic media.

  • Nevada

    What’s Legal

    Recreational / / Medicinal

    Nevada legalized recreational cannabis in 2016 and its cannabis advertising regulations are detailed Section 2, Part 5 of the Nevada Department of Taxation Emergency Regulations.

  • New Hampshire

    What’s Legal

    Medicinal

    New Hampshire’s cannabis advertising regulations are detailed in the Chapter He-C 400 of the New Hampshire Code: Therapeutic Cannabis Program. Aside from an age-gated business website listing location, hours, and product pricing, all forms of advertising are prohibited.

  • New Jersey

    What’s Legal

    Medicinal

    New Jersey’s cannabis advertising regulations are detailed in Title 8, Chapter64, Subchapter 12 of the New Jersey Administrative Code. The laws only concern storefront signage limitations and do not include digital advertising restrictions.

  • New Mexico

    What’s Legal

    Medicinal

    There are currently no cannabis advertising laws included in New Mexico’s Lynn and Erin Compassionate Use Actthat designates the state’s medical marijuana laws.

  • New York

    What’s Legal

    Medicinal

    New York’s cannabis advertising regulations are detailed in the Official Compilation of Codes, Rules and Regulations of the State of New York for Medical Marijuana. The law requires all advertisements to be submitted to the Department of Health prior to dissemination.

  • North Dakota

    What’s Legal

    Medicinal

    North Dakota’s medical cannabis laws are outlined in Title 33 of North Dakota’s Administrative Code. and Section 19 of North Dakota Century Code. The law dictates that all advertisements are subject to Department approval aside from an age-gated business website listing location, hours, and product pricing.

  • Ohio

    What’s Legal

    Medicinal

    Ohio’s medical cannabis laws are detailed in Chapter 3796 of the Ohio Revised Code. The law mandates that all advertisements must be submitted to the Board of Pharmacy prior to approval.

  • Oklahoma

    What’s Legal

    Medicinal

    Oklahoma’s medical marijuana program is detailed in the Oklahoma Medical Marijuana Act Rules. There are limited cannabis advertising regulations that prohibit false advertising and advertising in a way that is appealing to minors. The law does not include any restrictions specific to digital advertising.

  • Oregon

    What’s Legal

    Recreational / / Medicinal

    Oregon was another one of the early states to legalize recreational cannabis. Oregon’s cannabis advertising regulations are detailed in Sections 845- 025-8000 to 845-025-8080 of the OLCC Division 25 Recreational Marijuana rules. The law designates that cannabis advertisements must also include warning statements.

  • Pennsylvania

    What’s Legal

    Medicinal

    Pennsylvania’s cannabis advertising laws are detailed in the state’s Medical Marijuana Act. Under the law, all advertisements must be pre-approved by the Health Department, and they must be consistent with federal prescription drug ad regulations. Additionally, a dispensary may not advertise medical marijuana products as promotional items or via giveaways/coupons.

  • Rhode Island

    What’s Legal

    Medicinal

    Rhode Island’s medical cannabis program is detailed in Chapter 80 of the Department of Business Regulations. The law does not include any advertising laws that do not concern product packaging and labeling.

  • Utah

    What’s Legal

    Medicinal

    Utah’s medical cannabis program is detailed in the Utah Medical Cannabis Act. Under the law, all cannabis advertising to the general public is prohibited.

  • Vermont

    What’s Legal

    Recreational / / Medicinal

    Although Vermont recently legalized the recreational use of cannabis, the state still outlaws the sale of cannabis, with the exception of five legal medical dispensaries. Vermont’s medical cannabis advertising laws are detailed in the Vermont Marijuana Registry Rules and ban all forms of advertising.

  • Washington

    What’s Legal

    Recreational / / Medicinal

    In 2012, Washington joined Colorado as the first states to legalize recreational cannabis use. Washington’s cannabis advertising regulations are detailed in Section 314-55-155 of the Washington Administrative Code (WAC). The law requires all advertisements to include language that explicitly states marijuana products must not be purchased or possessed by persons under 21.

  • West Virginia

    What’s Legal

    Medicinal

    West Virginia’s medical marijuana laws are detailed in Senate Bill 386, but the program has yet to go into effect. The cannabis advertising rules and regulations are detailed in the Medical Cannabis Program - General Rulesposted by the WV Secretary of State. The law dictates that all cannabis advertisements must be approved by the bureau
    prior to use and include warning statements.

more coming soon

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