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California’s New Cannabis Advertising Rules

Last Updated on Jan 18, 2018


Advertising cannabis, like advertising other regulated products such as alcohol, comes with its own caveats and rules. As states legalize medical and recreational cannabis, government officials must decide what constitutes safe and accurate advertising. At the top of the list is who cannabis advertising should be marketed to (adults over the age of 21) — and who it shouldn’t be marketed to (children and teens).

The California state legislature accepted the voter initiative Proposition 64 in November of 2016. This initiative, also known as the Control, Regulate, and Tax Adult Use of Marijuana Act, legalized recreational cannabis use for Californians over the age of 21. It also implemented regulations and standards for the state’s commercial cannabis market, and introduced new guidelines for cannabis advertising. Business owners in California must comply with standards set forth by the proposition when advertising and marketing their cannabis business.

Below is a list of the regulations put in place for commercial cannabis advertising in California:

  • Billboards advertising cannabis may not be placed along highways or interstates that cross state borders
  • Cannabis advertisements must target persons over 21 years old
  • Music, gestures, language, and themes in cannabis business advertisements must appeal to individuals over 21
  • The advertising content licensee must be clearly and legibly identified within the advertisement
  • No signs or billboards advertising cannabis or related accessories may be placed within 1,000 feet of a daycare, youth center, or grade school
  • Businesses are not permitted to give away free cannabis or cannabis accessories
  • Television and radio advertisements for cannabis businesses must fall into a time slot when more than 71.6% of the audience is over 21
  • Direct marketing campaigns and materials must confirm target audience age prior to communicating the marketing message

Additional regulations may be found in the Adult Use of Marijuana Act regarding how to conduct other business functions beyond cannabis advertising. It’s important for every cannabis business owner to be up-to-date on the cannabis legislation of the state in which they operate. If you’re planning on operating a business in California, make sure you are as well.

Do you have a marketing plan for your cannabis business? We can help you get more exposure and to maximize your cannabis advertising budget. Contact us to learn more.

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