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.
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:
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.
To protect minors from seeing cannabis advertisements, several locations are off-limits for advertisements, including:
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.
Even where advertisements are permitted, content restrictions are stringent:
Digital marketing platforms offer a space for advertising but come with their own set of rules:
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.
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.
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.
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.