Ohio Cannabis Marketing Laws Made Easy

If you own a dispensary in Ohio or are considering starting one, you might have struggled with understanding the marketing rules due to the technical jargon and layout on Ohio's government website. Fortunately, we're here to simplify the process. The following practices are mandatory for all advertising and marketing activities, including social media.

With Ohio legalizing the sales of recreational marijuana, the state is going to start issuing certificates to qualified shops. 

The following rules are from Ohio’s State Laws as of July 2024. It's important to know and stay updated on your state's do’s and don’ts for marketing.

Navigating the Complexities of Advertising Compliance for Marijuana

Advertising is a vital component of any business strategy, no matter how big or small your business is. For the state of Ohio, advertisements consist of any material that is designed to induce sales and brand awareness through various means, such as written or verbal statements, illustrations, or depictions. 

However, for businesses operating in the marijuana industry, the landscape is far more regulated and complex. Understanding and adhering to these regulations is essential for legal compliance and the ethical promotion of products. Let's get into the key restrictions and guidelines you must follow to stay compliant. This blog will cover:

• Understanding what constitutes an advertisement
• Prohibited advertisement locations
• Content restrictions for advertisements
• Web presence and digital advertising
• Signage and external display restrictions
• Meta rules
• More Guidance

Understanding What Constitutes an Advertisement

According to Ohio’s state cannabis laws, an advertisement includes any material designed to induce sales through letters, pictures, objects, lighting effects, illustrations, or similar means. This broad definition encompasses brochures, promotional materials, and other marketing content. It's crucial to recognize that advertisements likely to reach individuals under the age of eighteen are strictly prohibited. We’ll go more in-depth on the specfics of it in the following. 

Prohibited Advertisement Locations

To protect minors from seeing cannabis advertisements, several locations are off-limits for advertisements, including:

1. Within 500 feet of restricted facilities: This includes game arcades where admission is not restricted to persons aged 21 or older and businesses targeting children. Other facilities would include, but are not limited to, schools, daycare centers, and playgrounds. 
2. On billboards As of now, Ohio has laws that prohibit the advertisement of cannabis products on billboards. These regulations are part of the state's efforts to control the promotion and visibility of cannabis, aiming to prevent the normalization and potential misuse of the substance, particularly among minors. 

The restrictions extend to various forms of public advertising, ensuring that cannabis products are not marketed in a manner that could be perceived as appealing to a broad audience, including vulnerable populations. This approach aligns with Ohio's broader regulatory framework for cannabis, which includes stringent guidelines on its sale, distribution, and consumption to ensure public safety and compliance with legal standards.

1. Radio or television broadcasts: This restriction also covers cable, on-demand, satellite, or internet programming.
2. Portable signs This includes signs that are able to be handed out such as flyers
3. Private property without owner consent.
4. Vehicles or public transit vehicles such as busses, trains, or subways 
5. Publicly owned or operated properties including shelters

Content Restrictions for Advertisements

Even where advertisements are permitted, content restrictions are stringent:

• No cartoon characters or fictional icons aimed at children.
  • Although this is a broad statement on the government website, this is what they mean: Juvenile-type graphics such as animals, balloons, confetti, glitter, superheroes, video game references, race cars, dinosaurs, imaginary creatures or people, and characters or celebrities from children's shows or books are not allowed
  • Symbols, images, public figures, phrases, toys, audio, or games commonly used to market to individuals under 21 are not allowed, nor are pictures or depictions of individuals under 21. The basic rule is to avoid anything that looks like it would be used in advertisements targeting children.
• No marketing of apparel or merchandise
• No false or misleading statements or representations.
• No suggestions of endorsements by the state of Ohio or any associated entity.
• No advertisements inconsistent with the medicinal use of medical marijuana.
• No obscene or indecent content. This includes no images or content with individuals partaking in or alluding to the use of marijuana

Web Presence and Digital Advertising

Digital marketing platforms offer a space for advertising but come with their own set of rules:

• Age affirmation required: Websites must ensure users are at least 21 years old.
• No direct consumer engagement or user-generated content.
• No targeting underage individuals.
• No unsubmitted content to the department.
• No facilitating sales transactions.

Signage and External Display Restrictions

When it comes to the dispensary's physical location, there are some rules and stipulations regarding what can be either outside or seen from outside the building. 

• Limited external signage size - no signage larger than sixteen by eighteen inches is allowed unless it is on the dispensary structure permanently
• No illuminated signs such as signs with LED lighting or neon lights. 
• No distribution of branded clothing except for employee identification. This also means you are unable to sell or give away clothing with your dispensary or cannabis brand on it.
• No visible display of products from the exterior of the facility.

Noncommercial Messages

These rules apply specifically to commercial advertising. Noncommercial messages are not subject to these restrictions, providing a degree of flexibility for public communication and education.

Meta Rules

If you thought Ohio’s state laws for cannabis marketing were strict, wait until Meta starts flagging you.

On the Meta platform, you can't even hint at the sale of cannabis-related items. Avoid phrases like “in stores now” and “get it today.”

Marketing, advertising, and advertisements cannot promote product potency or THC concentration. They also cannot use freebies, discounts, or giveaways.

You must not use or display colloquial references to cannabis or depict cannabis, cannabis products, paraphernalia, or the imagery or action of smoking or vaping. This includes words like “stoner,” “weed,” “pot,” “cannabis,” “cannabis sativa,” “cannabis indica,” “cannabis plants,” “gummies,” and “edibles,” or any other related terms.

Using these words or violating these rules will get your post flagged. This can prevent you from going live for several days or make your posts or page undiscoverable on the Explore page.

If your posts continue to violate guidelines and receive flags, Meta will disable and remove your account, resulting in the loss of all your previous posts and followers.

However, Meta does allow such content for educational use. Adding a disclaimer like “items NOT for sale on Instagram. For educational purposes only. 21+” can help avoid flagging your content by Meta's rules, though it's not 100% foolproof.

Feeling Overwhelmed?

Compliance with advertising regulations is essential for operating within the legal framework and maintaining the integrity of your cannabis business. Navigating these rules can be challenging. By understanding and following the regulations, you can protect your business from costly fines and reputational damage while promoting responsible usage.

The intricate rules often vary by state, and keeping up with the latest changes can be daunting. That’s where expertise becomes invaluable.

If you need expert assistance in crafting compliant and effective advertising strategies, digital marketing strategies, email marketing, social media management, and help with your online presence reach out to our cannabis marketing firm. Our team specializes in navigating the intricate regulations of the cannabis industry to help your business thrive. We offer tailored solutions that align with legal requirements and resonate with your target audience. Our comprehensive approach ensures that your advertising efforts are both impactful and compliant, helping you build a strong, reputable brand.

Contact us today to ensure your advertising efforts meet regulatory standards while effectively reaching your desired market. ThrivePOPs is dedicated to supporting your business's growth and success in the competitive marijuana landscape.