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.
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, highlighting the importance for cannabis marketing agencies to stay ahead.
The following rules are from February 2024. It's important for cannabis digital marketing agencies to know and stay updated on your state's do’s and don’ts for marketing.
When it comes to cannabis marketing 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, cannabis social media marketing, cannabis marketing in general, and advertising will all fall under these regulations. This encapsulates the efforts of cannabis marketing agencies and cannabis digital marketing agencies to navigate these rules effectively.
You cannot post the following stipulations online, on social media, or outside of your store.
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, especially within the scope of cannabis marketing and cannabis digital marketing agencies, is much more strict.
Advertising graphics or social media posts cannot feature cartoon-like characters, bubble-type, or cartoon-like fonts.
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:
In cannabis marketing, using symbols, images, public figures, phrases, toys, audio, or games commonly employed by a cannabis marketing agency or cannabis digital marketing agency 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 in any cannabis marketing materials.
However, if the picture depicts an event with balloons, such as a grand opening promoted by a cannabis marketing agency, it is allowed since it is considered a picture of an event rather than a graphic intended for cannabis digital marketing.
There is some leniency in cannabis marketing strategies when it comes to graphics. For example, a cartoon-like depiction of an animal might be considered ‘attractive’ to an individual under 21 in the context of cannabis digital marketing, but a silhouette of the same graphic animal, as advised by a cannabis marketing agency, might not.
A basic rule for cannabis marketing agencies to follow here is that if it looks like it would be used in an advertisement geared toward kids, don't use it in cannabis digital marketing campaigns.
In the realm of cannabis marketing and cannabis digital marketing agencies, advertising must never have any resemblance to products commonly associated with individuals under 21 years of age.
As stated above, within the scope of a cannabis marketing strategy, advertising or posting anything resembling cereal, cookies, suckers, or candy is strictly prohibited.
Any strain promoted by a cannabis marketing agency that imitates something attractive to a child, such as push pop, sherbet, gelato, ice cream, or cake, is a couple of strains to be wary 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, advised by cannabis digital marketing agencies, 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.
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.
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.
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.
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 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, a premier cannabis marketing agency. We understand the unique regulations that govern the cannabis industry, and as a seasoned cannabis digital marketing agency, 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.