New York's legal marijuana program expands retail licenses. We sifted through the 47 pages of technical jargon from the New York cannabis laws so you don't have to.
Here's what to know.
As more and more cannabis shops pop up in New York, it will continue to become more competitive. Since New York legalized recreational cannabis, there has been no sign of this market slowing down any time soon.
The following rules are from February 2024. It's important to know and stay updated on your state's do’s and don’ts for marketing.
Is advertising the same as social marketing?
When it comes to cannabis laws in New York, yes. According to cannabis.ny.gov, “Advertisement means any publication, video, use of a brand representative, or any other form of media for the purpose of causing, directly or indirectly, the purchase or use of a brand or cannabis product including, but not limited to: websites, social media, print media, broadcast media, TV, radio, streaming media, out of home media, outdoor signs, merchandise, event sponsorship, street art, murals, and digital communications.”
In short, social media marketing, marketing in general, and advertising will all fall under these regulations.
You cannot post the following stipulations online, on social media, or outside of your store.
Advertising and marketing cannot be attractive to individuals under 21
When it comes to online social posting, there is no way to fully ensure that whoever is viewing your content page is over 21. This is why social media marketing for cannabis is much more strict.
CHARACTERS AND FONTS
Advertising graphics or social media posts cannot feature cartoon-like characters, bubble-type, or cartoon-like fonts.
GRAPHICS/PHOTOS
Any imitation photo or graphic of food, candy, soda, drinks, cookies, or cereal is not allowed per state law. Juvenile-type graphics are prohibited in graphics and photos. These include, but are not limited to:
- Animals
- Balloons
- Confetti
- Glitter
- Superheroes
- Video game references
- Race cars
- Dinosaurs
- Imaginary creatures or people
- Characters or celebrities from children’s shows or books.
What else?
Using symbols, images, public figures, phrases, toys, audio, or games commonly employed to market products to individuals under the age of twenty-one is prohibited. Furthermore, no pictures or depictions of individuals under the age of 21 are permitted.
However, if the picture depicts an event with balloons, such as a grand opening, it is allowed since it is considered a picture of an event rather than a graphic.
There is some leniency when it comes to graphics. For example, a cartoon-like depiction of an animal might be considered ‘attractive’ to an individual under 21, but a silhouette of the same graphic animal might not.
A basic rule to follow here is that if it looks like it would be used in an advertisement geared toward kids, don't use it.
PRODUCT ADVERTISEMENTS AND SOCIAL POSTS
Advertising must have any resemblance to products commonly associated with individuals under 21 years of age.
As stated above, advertising or posting anything resembling cereal, cookies, suckers, or candy is prohibited.
Any strain that imitates something attractive to a child, such as push pop, sherbet, gelato, ice cream, or cake, is a couple of strains to be weary of posting. If the post is well thought out and alluded to when it comes to posting, it may be okay. Another safe option for strains like this would be to have them on your website but keep them out of your social posts.
That being said, advertising or posting anything with the words "candy" or "candies," including variants such as "kandy" or "kandeez," is not permitted.
COLORS
When it comes to colors, the State of New York focuses mainly on saturation levels. Any color is up for grabs as long as it’s not any bright colors. Specifically, neon colors or anything with more than a 60% saturation is not acceptable.
MAGAZINE AD/TWEET/REEL
- The advertisement must include the licensee’s name and license number.
- The advertisement must include this warning: “For use only by adults 21 years and older. Keep out of reach of children and pets. In case of accidental ingestion or overconsumption, contact the Poison Center hotline at 1-800-222-1222 or call 9-1-1. Please consume responsibly.”
- The advertisement must include one of these rotating warnings:
- “Cannabis can be addictive.”;
- “Cannabis can impair concentration and coordination. Do not operate a vehicle or machinery under the influence of cannabis.”;
- “There may be health risks associated with the consumption of this product.”; • “Cannabis is not recommended for use by persons who are pregnant or nursing.”; or
- Other warnings, as determined by the Office
Marketing, advertising, and advertisements cannot promote product potency or the amount of THC concentration.
Marketing, advertising, and advertisements cannot use freebies, discounts, giveaways, or promotional swag.
Cannabis retailers must not coerce consumers into over-purchasing cannabis products. Licensees cannot advertise through free promotional items or giveaway any promotional items or any cannabis products for any reason.
This means licensees cannot give gifts, hold giveaways, or offer any loyalty programs, rewards systems, or other discounts that would result in a consumer receiving a free promotional item, a free cannabis product, or a discount on a cannabis product. 12
Marketing and advertising must not compromise public health or safety, make deceptive claims, or appeal to individuals under the age of twenty-one. Most advertisements must incorporate warnings and pertinent consumer information to safeguard public well-being. The specific requisites vary based on the nature of the advertisement.
What are Meta’s Instagram and Facebook rules for cannabis?
If you thought that New York State laws for cannabis marketing were hard, wait until Meta starts flagging you.
On the Meta platform, you cannot allude to the sale of cannabis-related items when it comes to controlled substances.
- Do not mention the words “in stores now” or “get it today.”
- Marketing, advertising, and advertisements cannot promote product potency or THC concentration.
- Marketing, advertising, and advertisements cannot use freebies, discounts, giveaways.
- Marketing, advertising, and advertisements cannot use or display colloquial references to cannabis; or depictions of cannabis, cannabis products, paraphernalia; or the imagery or action of smoking or vaping including, but not limited to, the words “stoner”, “weed”, “pot”, or “cannabis” ‘cannabis sativa’ ‘cannabis indica’ ‘cannabis plants’ “gummies” ‘edibles or other cannabis or cannabis industry related words.
- Any use of these words or violations will get your post flagged. Leading you to not being able to go live for a series of days or have your posts or page discoverable on the Explore page
- If your posts persist in violating guidelines and receiving flags, Meta will disable and remove your account, resulting in the loss of all your previous posts and followers.
Meta does, however, allow such content for educational use. Adding something on each post like “items NOT for sale on Instagram. For educational purposes only. 21+” can help aid in not getting your content flagged by meta-rules but is not 100% foolproof.
Feeling stuck?
Feeling helpless when it comes to managing your cannabis dispensary(ies) social media presence? Don’t let the challenge stop you from missing out on unique customer engagement- reach out to us, the cannabis marketing experts at ThivePOP. We understand the unique regulations that govern the cannabis industry, and we're equipped with the knowledge and strategies to help your dispensary take off in online marketing. Let us help you craft compelling content, engage with your audience, and establish a strong brand identity that resonates across platforms. Together, we'll unlock the full potential of your cannabis business in the ever-evolving world of social media.