In 2018, the legal marijuana industry grew to $10.4 billion dollars in the US. That’s pretty impressive considering brands and dispensaries are severely limited when it comes to advertising and marketing.
hbspt.cta.load(19901571, '9c604526-6fe9-400c-9096-fa63c2afbdfc', {"useNewLoader":"true","region":"na1"}); Businesses aren’t able to advertise online, send direct mail, advertise on tv or radio, use signage that’s too big… the list goes on and on. And to complicate the issue further, as the industry continues to grow, both state and federal laws are constantly changing.
With all the restrictions on traditional marketing tactics, many businesses have turned to branded merchandise as a creative way to advertise. But even that widely accepted strategy has a few state-level regulations.
To put it simply, the struggle is real when it comes to promoting cannabis brands.
So to help you out, we’ve created a state-by-state list of regulations concerning cannabis merchandise. Take a read and make sure you’re in compliance before you order another round of branded buttons or t-shirts.
AlabamaSTATUS: Marijuana Legalized for Medicinal Use SWAG RESTRICTIONS: source: lexology.com Alaska
STATUS: Marijuana Legalized for Recreational Use source: ingnitedigital.com Arizona
STATUS: Marijuana Legalized for Recreational Use Arkansas
STATUS: Marijuana Legalized for Medicinal Use California
STATUS: Marijuana Legalized for Recreational Use source: marijuanatimes.org source: leginfo.legislature.ca.gov Colorado
STATUS: Marijuana Legalized for Recreational Use
• No marketing that appeals to anyone under the age of 21
Connecticut
STATUS: Marijuana Legalized for Medicinal Use District of Columbia
STATUS: Marijuana Legalized for Recreational Use Delaware
STATUS: Marijuana Legalized for Medicinal Use Florida
STATUS: Marijuana Legalized for Medicinal Use Georgia
STATUS: Marijuana Legalized for Medicinal Use Hawaii
STATUS: Marijuana Legalized for Medicinal Use IdahoSTATUS: Marijuana Fully Illegal Illinois
STATUS: Marijuana Legalized for Recreational Use source: chicagotribune.com IndianaSTATUS: Marijuana Fully Illegal IowaSTATUS: Marijuana Fully Illegal KansasSTATUS: Marijuana Fully Illegal KentuckySTATUS: Marijuana Fully Illegal Louisiana
STATUS: Marijuana Legalized for Medicinal Use Maine
STATUS: Marijuana Legalized for Recreational Use Maryland
STATUS: Marijuana Legalized for Medicinal Use Massachusetts
STATUS: Marijuana Legalized for Recreational Use Michigan
STATUS: Marijuana Legalized for Recreational Use Minnesota
STATUS: Marijuana Legalized for Medicinal Use MississippiSTATUS: Marijuana Fully Illegal Missouri
STATUS: Marijuana Legalized for Medicinal Use |
Montana
STATUS: Marijuana Legalized for Medicinal Use NebraskaSTATUS: Marijuana Fully Illegal Nevada
STATUS: Marijuana Legalized for Recreational Use New Hampshire
STATUS: Marijuana Legalized for Medicinal Use New Jersey
STATUS: Marijuana Legalized for Recreational Use New Mexico
STATUS: Marijuana Legalized for Medicinal Use (Recreational will be legalized starting 2022) New York
STATUS: Marijuana Legalized for Recreational Use North CarolinaSTATUS: Marijuana Fully Illegal North Dakota
STATUS: Marijuana Legalized for Medicinal Use Ohio
STATUS: Marijuana Legalized for Medicinal Use Oklahoma
STATUS: Marijuana Legalized for Medicinal Use Oregon
STATUS: Marijuana Legalized for Recreational Use Pennsylvania
STATUS: Marijuana Legalized for Medicinal Use Rhode Island
STATUS: Marijuana Legalized for Medicinal Use South CarolinaSTATUS: Marijuana Fully Illegal South DakotaSTATUS: Marijuana in process of becoming legalized for recreational use.
SWAG RESTRICTIONS: TennesseeSTATUS: Marijuana Fully Illegal TexasSTATUS: Marijuana Legalized for Medicinal Use Utah
STATUS: Marijuana Legalized for Medicinal Use Vermont
STATUS: Marijuana Legalized for Recreational Use VirginiaSTATUS: Marijuana Legalized for Medicinal Use
SWAG RESTRICTIONS: Washington
STATUS: Marijuana Legalized for Recreational Use West Virginia
STATUS: Marijuana Legalized for Medicinal Use WisconsinSTATUS: Marijuana Legalized for Medicinal Use WyomingSTATUS: Marijuana Fully Illegal |
Most of the state level regulations simply prohibit marketing to teens and children. In that regard, the cannabis merch restrictions are very similar to those placed on alcohol and tobacco. Others get more specific and restrict the type of imagery that is allowed, essentially banning any merchandise related to stoner culture.
But for Washington and Massachusetts, two states that have legalized recreational use of marijuana, branded cannabis accessories are completely prohibited. These type of strict regulations make it very hard for brands to differentiate themselves from their competition. But as the industry grows and evolves, these regulations are likely to change. In the future, cannabis branding and merchandise might become as omnipresent as Starbucks and Nike.
Now that you know all the rules, it’s time to get your branded cannabis merchandise.
