California was the first state to legalize marijuana for medical use by introducing the Compassionate Use Act in 1996. While recreational cannabis was a common pastime among miners during the Gold Rush in the 1850s, it only became legal recently after the passing of Proposition 64.
The newly implemented legislature provides guidelines for not only buyers but also sellers. In addition to that, recreational marijuana and cannabis products are still illegal under federal law, which means that the state has very specific regulations in place in regard to marketing and advertising weed for businesses.
Failure to adhere to local and federal law can lead to criminal charges. Fortunately, Goss Law is here to help. Our experienced drug crime attorneys in Sacramento know the regulations surrounding California cannabis businesses and can help you avoid the legal pitfalls.
If you're facing charges for failing to adhere to the cannabis advertising regulations in Sacramento, contact us to discuss your case and learn more about your rights. We can also help with question like How much cannabis can you buy per day in California?
What Are the Laws for Cannabis Advertising in California?
There are several regulations at the federal and state levels that a cannabis business must follow in California. The law covers four main concerns, and these include the following:
Age Restrictions
Cannabis businesses can advertise their products legally in California as long as they don't market them to a younger audience. This means that attractive cartoons and kid-friendly campaigns are against the law.
There are several things that a California cannabis business must be aware of, and these are as follows:
The California Bureau of Cannabis Control allows companies to broadcast their products on FCC-regulated networks (TV and radio). However, the business's target audience must be at least 71.8% of adults who are 21 or over.
California cannabis businesses cannot advertise in public spaces. This means that advertisements on billboards and public transit (bus and rails) are against the law, as they may entice minors into trying the products.
Companies cannot market cannabis products in a way that may be considered attractive to minors. This may include using cartoons, likeness to popular images or characters, and employing the word "candy."
Manufactured cannabis products should come in tamper-evident, child-resistant containers. In addition to that, they should also be resealable.
Social media plays an essential role in creating brand awareness and ensuring a strong online presence. Cannabis companies can approach influencers to build a positive reputation on the internet, but it's crucial to ensure that anyone advertising their products must be 21 or over.
Health-related Claims
Cannabis companies cannot make health-related claims and false or misleading statements. There are several rules that they must follow, and these include the following:
When a business is considering cannabis marketing strategies to create brand awareness, it is important that it doesn't make any claims regarding the health benefits associated with its products. The company must also avoid including irrelevant scientific or technical matters in their advertisements.
During a cannabis marketing campaign, it is crucial for the business not to make any claims or statements about its products that are not in line with the labeling.
Cannabis businesses must include an informational primary panel on all of their manufactured cannabis products. This should contain the following information:
Name of the licensed manufacturer
Date of product packaging
A government warning
The statement "for medical use" for products that exceed the THC amount allowed for recreational use
List of product ingredients
Giveaways and Promotions
Under Chapter 15 of Proposition 64, cannabis businesses cannot participate in giveaways or promotions of marijuana products. These may include raffles, contests, and buy-one-get-one-free offers.
Discretion of Advertising
While running cannabis advertisements on local TV and radio is legal as long as the company follows the regulations imposed by the California Bureau of Cannabis Control, billboard campaigns are not allowed. Any ad on Interstate Highway or any road that crosses the California border can lead to legal troubles for the business.
California's cannabis advertising regulations require firms to avoid placing advertisement signs within 1,000 feet of a daycare, youth center, or educational institution, especially schools up to grade 12. This further reinforces the need for ensuring extra care to avoid marketing marijuana products to those under the age of 21.
What Are the Federal Rules on Cannabis Marketing?
While cannabis is legal in California, federal law still considers marijuana as a Schedule I controlled substance, which means that it's illegal to advertise or market cannabis accessories and other products in publications. Goss Law can also answer questions like How many marijuana plants can you have in California?
What Are the Penalties for Violating California's Cannabis Advertising Regulations?
When advertising cannabis items, businesses must ensure extra caution to avoid a violation, as they could face serious consequences. These may vary depending on the severity of the offense.
Typically, any business that fails to adhere to the California cannabis advertising rules may receive a citation. In addition to that, the company may have to pay up to $5,000 per violation, which can amount to a lot of money, adversely impacting the firm's financial situation.
How Can a Criminal Defense Attorney Help Cannabis Businesses in California?
Mistakes can happen, and it's important to take the right steps to address them. An experienced criminal defense attorney can help request an administrative hearing to dispute the citation or defend the company's license if it's in jeopardy.
Another area where a skilled lawyer can help is fighting lawsuits. State authorities or other parties may decide to sue the cannabis company for false or misleading claims or other violations. A criminal defense attorney can assess the suit and guide the business owner on their legal options.
Is Your Cannabis Business License in Jeopardy? Call Goss Law Today for Legal Help!
If you've received a citation or your cannabis business license is in jeopardy due to unknowingly violating the advertising rules implemented by the California Department of Cannabis Control, call us to schedule a free consultation with legal experts.
Our experienced criminal defense attorneys in Sacramento will assess the facts surrounding your case, build a strong defense, and work tirelessly to have the charges removed or dismissed!