Understanding Nevada Cannabis Marketing Laws | ThrivePOP

Nevada's cannabis marketing regulations, shaped by Nevada cannabis laws, can be daunting, with their intricate details and jargon. We have broken down the marketing and advertising laws in easy-to-understand language.

Trying to understand Nevada's complex cannabis content marketing and advertising laws can be frustrating, particularly when navigating the outdated appearance of the state government's website, reminiscent of the design aesthetic seen on eBay back in 2008. The sheer complexity and jargon-filled fine print, regulated by cannabis advertising laws, can be overwhelming. We are pleased to let you know that we have thoroughly examined these details, so you can rest assured that you do not have to worry about deciphering them yourself.

The following rules are from March 2024. It's important to stay updated on your state's do’s and don’ts for marketing, especially considering the evolving Nevada cannabis laws.

4 Cannabis Marketing Guidelines in Nevada: Complying with nevada cannabis laws

Understanding the marketing regulations for cannabis in Nevada, in line with Nevada cannabis laws, is essential to ensure ethical and responsible advertising and consumption practices are followed. It is important to adhere to the guidelines that are set in place, particularly concerning cannabis content marketing and advertising laws.

Imagery that appeals to minors:

One of the main cannabis marketing stipulations bans imagery and references that could appeal to minors and are considered to have associations with products primarily marketed to children.

• Marketing materials, including packaging, social media posts, and ads, must not include any images of cartoon characters, mascots, action figures, balloons, or toys. It is strictly prohibited.
• Images created for cannabis advertising must not resemble brands or products explicitly marketed to children. This means cannabis advertising must refrain from any appearance or allusion to toys, popular children's candies, or foods. This includes but is not limited to cereal, cereal bars, lollipops, juice boxes, or gummies.
• The marketing regulations prohibit the use of any real or fictional persons, animals, or fruits in marketing imagery. This encompasses the use of caricatures, cartoons, or artistic renderings that might attract or appeal to individuals under the age of 21.

In essence, a simple guideline to follow is to avoid using anything commonly utilized in advertisements aimed at children. By adhering to these guidelines, businesses can uphold ethical and lawful standards while contributing to the responsible promotion of cannabis products in Nevada, ensuring compliance with cannabis content marketing and advertising strategies.

1. Guidelines for Ethical Cannabis Advertising Practices

Marketing advertisements can not contain any false statements or illustrations that are any of the following: 

• False or misleading.
• Promotes overconsumption of cannabis or cannabis products.
• Depicts the actual consumption of cannabis or cannabis products.
• Depicts a child or person who is less than 21 years of age consuming cannabis or cannabis products.
• Contain objects suggesting the presence of a child, including toys, characters, cartoons, or any other depiction that is designed in any manner to be appealing or encourage consumption of cannabis or cannabis products by a person who is less than 21.

Ethical advertising practices must adhere to principles of honesty, integrity, and transparency. By understanding Nevada cannabis laws and cannabis advertising laws, business marketers can build trust with their target audience and cultivate long-lasting relationships. Employing cannabis content marketing effectively ensures compliance with legal requirements and demonstrates a commitment to ethical practices that benefit both consumers and the broader community.

2. Protecting Minors and Regulating Exposure

In Nevada, it is prohibited to promote or advertise cannabis in any media outlet if it is anticipated that 30% or more of the viewers or listeners are under the age of 21, including publications, radio, and television. Nevada cannabis laws strictly regulate this aspect to ensure compliance.

In Nevada, cannabis marketing advertisements must adhere to strict guidelines to prevent exposure to minors, incorporating cannabis content marketing strategies that respect cannabis advertising laws.

• Ads are prohibited within 1000 feet of public or private schools, playgrounds, parks, or libraries and at sports events where individuals under 21 are allowed entry.
• Entertainment events where 40% or more attendees are likely to be under 21 years of age cannot feature cannabis marketing.
• Cannabis ads are banned on or inside public transportation vehicles and shelters, except for taxis, in line with Nevada cannabis laws.
• Cannabis ads are not allowed on portable signs that can be held by people, like brochures, business cards, or flyers. This regulation aims to control the distribution of promotional materials and prevent unintended exposure, particularly to minors, a core concern of cannabis content marketing and cannabis advertising laws.

3. Regulations on Promotional Offers in Nevada's Cannabis Industry

In Nevada, it's illegal to advertise or offer cannabis or cannabis products for "free" or "donated" without a purchase. This rule aims to prevent unregulated distribution and maintain accountability in the cannabis industry, aligning with efforts to combat illicit activities. Businesses must ensure compliance by clearly stating terms and conditions, including the requirement of a purchase for any promotional offers involving cannabis products. This upholds regulatory standards and promotes responsible practices within the state's cannabis market. Compliance with Nevada cannabis laws is crucial, particularly regarding cannabis content marketing and advertising laws.

4. What are Meta’s Instagram and Facebook rules for cannabis?

If you thought that Nevada’s State laws for cannabis marketing were hard, wait until Meta starts flagging you. On the Meta platform, you cannot even allude to the sale of cannabis-related items when it comes to controlled substances on social media, constrained by both Nevada cannabis laws and cannabis advertising laws.

Meta Does NOT Allow:

• Words such as  “in stores now” or “get it today”.
• Marketing, advertising, and advertisements cannot promote product potency or THC concentration.
• Words such as  freebies, discounts, or giveaways.
• Marketing, advertising, 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 Allow:

• Content for educational use. Adding something on each post like “items NOT for sale on Instagram.
• For educational purposes only. 21+” can help avoid flagging your content by meta-rules but is not 100% foolproof, enhancing cannabis content marketing efforts legally.

Feeling stuck?

Feel helpless managing your marketing strategy? 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, including Nevada cannabis laws, that govern the cannabis industry, and we're equipped with the knowledge and strategies to help your dispensary take off in online marketing and on social media platforms. Let us help you with your digital marketing. When it comes to crafting compelling content, engaging with your audience, and establishing a strong brand identity that resonates across platforms, we can help. Together, we'll unlock the full potential of your cannabis business in the ever-evolving world of social media while navigating cannabis advertising laws and leveraging cannabis content marketing.