If you have a dispensary in New Mexico or are thinking of starting one, you may have found yourself looking up the rules for cannabis marketing. Reading the rules from New Mexico’s government website isn’t an easy feat when it comes to the layout and font of the texts. Fortunately, we are on a mission to make it easier. The following practices are required in all advertising and marketing activities - even on social media.
The following rules are from New Mexico’s cannabis laws as of April 2024. It's important to know and stay updated on your state's do’s and don’ts for cannabis marketing.
Cannabis Marketing Guidelines in New Mexico
In order to ensure accountability and transparency within the cannabis industry, all advertisements and marketing for cannabis products need to be accurately traced back to the seller or dispensary. This requirement is a part of the stringent cannabis marketing and cannabis laws enforced in New Mexico.
Statements and warnings
All advertisements or marketing content intended for public consumption must prominently feature the phrase "please consume responsibly" at the forefront of the advertisement. Additionally, such materials must incorporate the following cautionary messages as stated on the government website:- For use only by adults 21 and older;
- Keep out of reach of children;
- This product is not approved by the FDA to treat, cure, or prevent any disease. FDA has not evaluated this product for safety, effectiveness, and quality;
- Do not drive a motor vehicle or operate machinery while under the influence of cannabis; and
- There may be long-term adverse health effects from the consumption of cannabis, including additional risks for women who are or may become pregnant or are breastfeeding.
These warnings have to be in a font size that is at least ten percent of the largest type used in the advertisement. This adherence to detail reflects the comprehensive cannabis marketing and cannabis laws in New Mexico designed to ensure consumer safety and informed usage.
Restricted Marketing Activities in New Mexico
New Mexico cannabis laws state that cannabis marketing and advertising cannot:
- Occur on radio, television or other broadcast media, internet pop-ups, and mass transit vehicles under the regulations of cannabis laws.
- Advertisements and marketing cannot be placed where subscribers of subscription-based radio, television, or other broadcast media are 21 years of age or older as per New Mexico cannabis laws.
- Be done in a manner that avoids deception, misleading representations, falsehoods, or fraudulent practices, as well as any actions that may lead to deception or create a misleading impression, whether through direct statements, omissions, or ambiguities, in compliance with cannabis marketing regulations.
- Make unproven health benefit claims that have not been tested. Any health benefit claims must be supported by substantial evidence or substantial clinical data under cannabis marketing standards.
- Ads cannot be on billboards, posters, handbills, or other visual media that are located or can be viewed within 300 feet of a school, daycare center, or church since there is no way to ensure the age of viewers is 21 years or older, according to New Mexico cannabis laws.
- Contain symbols or images, including a celebrity or celebrity likeness, that are commonly used to market products to minors. This includes anything commonly associated with kids such as candy, toys, or cereal, respecting the guidelines of cannabis marketing to prevent appeal to minors.
- Be designed to mimic any other product brand as regulated under cannabis marketing guidelines.
- Promote the overconsumption of cannabis or cannabis products as outlined in cannabis marketing ethics.
- Depict the actual consumption of cannabis or cannabis products.
- No images of smoking, eating, or ingesting a substance in any way are allowed in cannabis advertising.
Protecting Minors and Regulating Exposure
Making sure your advertisements and branding doesn't appeal to kids or anyone under 21 is a crucial concern when it comes to cannabis marketing. Your logos, name, and designs can not be designed to be appealing to a child and shall not contain:
- Cartoons
- Designs, brands, or names that resemble a non-cannabis consumer product of the type that is typically marketed to minors
- Contain symbols or images, including a celebrity or celebrity likeness, commonly used to market products to minors.
In New Mexico, there is an exception to these branding regulations. Branding activities are not classified as marketing or advertising endeavors. Consequently, branding is permitted without the obligatory inclusion of warnings and statements required for the advertising and marketing of cannabis establishments under New Mexico cannabis laws.
Audience age expectation
All advertisements in print and digital can only be placed in areas where at least 20% of the audience is expected to be 21 years of age or older. The area in which the advertising or marketing is to be put must have audience composition data to back age requirements. This is especially relevant when adhering to cannabis marketing regulations and cannabis laws, including those specific to New Mexico cannabis laws.
All print and digital advertisements must be strategically positioned in areas where it can be reasonably anticipated that at least seventy percent of the audience is aged 21 years or older, as determined by credible and up-to-date audience composition data. This compliance is crucial in aligning with cannabis marketing strategies under cannabis laws and New Mexico cannabis laws.
What are Meta’s Instagram and Facebook rules for cannabis?
If you thought that New Mexico’s state cannabis laws 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.
Do not mention the words “in stores now” or “get it today.”
Marketing, advertising, and promotional materials are prohibited from endorsing product potency or THC concentration. They are also restricted from offering freebies, discounts, or giveaways. Additionally, they cannot incorporate colloquial references to cannabis or depict cannabis products, paraphernalia, or smoking/vaping imagery. This includes avoiding terms like "stoner," "weed," "pot," or specific cannabis strains, as well as related terms such as "gummies" or "edibles."
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 about cannabis laws. 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.
Need help?
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 here at ThrivePOP.
We understand the unique cannabis laws that govern the cannabis industry, including New Mexico cannabis laws, and we're equipped with the knowledge and strategies to help your dispensary excel 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.
