How Agencies Navigate Cannabis Marketing Regulations
- Smart Grass
- Aug 30, 2023
- 5 min read
Updated: Oct 8, 2023

The cannabis industry is growing rapidly in the United States, with more and more states legalizing both medical and recreational use. As the industry grows, so too does the need for effective marketing and advertising.
However, marketing cannabis products can be tricky, as there are a number of federal and state regulations that must be followed. Agencies that work with cannabis clients need to be well-versed in these regulations in order to create successful marketing campaigns that stay on the right side of the law.
Federal Regulations

At the federal level, cannabis is still classified as a Schedule I controlled substance, which means that it has a high potential for abuse and no currently accepted medical use. The bill, introduced on June 7, 2018 and called the “Strengthening the Tenth Amendment Through Entrusting States Act” or the “STATES Act” proposes to protect state cannabis industries from the ire of federal drug enforcement authorities. This was according to The Blunt Truth.
As of 2023, cannabis is still classified as a Schedule I controlled substance under the Controlled Substances Act (CSA). This means that it has a high potential for abuse and no currently accepted medical use in the United States.
However, there have been some recent developments that could lead to a change in the federal classification of cannabis. In 2021, the U.S. Food and Drug Administration (FDA) approved the first prescription drug containing cannabis, Epidiolex, for the treatment of seizures associated with Lennox-Gastaut syndrome and Dravet syndrome. This approval was a major step forward for the cannabis industry, as it showed that the federal government was willing to acknowledge the potential medical benefits of cannabis.
In addition, a number of states have legalized recreational and medical cannabis use. As of 2023, 19 states and the District of Columbia have legalized recreational cannabis, and 38 states and the District of Columbia have legalized medical cannabis. This growing public support for cannabis reform could put pressure on the federal government to change the classification of cannabis.
Here are a few examples of exceptions to the federal ban on cannabis advertising:
Advertising to medical professionals: It is legal to advertise cannabis products to medical professionals, such as doctors and pharmacists. This type of advertising is typically used to educate healthcare providers about the potential benefits of cannabis for patients with certain medical conditions.
Advertising in states where cannabis is legal: It is legal to advertise cannabis products in states where cannabis is legal for recreational or medical use. However, there are still some restrictions on how cannabis can be advertised in these states. For example, advertisements cannot be misleading or deceptive, and they cannot target minors.
Advertising hemp-derived CBD products: It is legal to advertise hemp-derived CBD products that contain less than 0.3% THC. This type of advertising is typically used to promote the potential health benefits of CBD.
It is important to note that the federal ban on cannabis advertising is still in effect. This means that cannabis businesses cannot advertise their products on television, radio, or in print publications that are distributed nationwide. However, there are a number of ways that cannabis businesses can advertise their products legally. By working with a knowledgeable cannabis marketing agency, businesses can create effective marketing campaigns that comply with all applicable regulations.
State Regulations
In addition to federal regulations, there are also a number of state regulations that must be followed when marketing cannabis products. These regulations vary from state to state, so it is important to research the specific regulations in each state where you plan to market your products.
Some common state regulations include:
Restrictions on the use of certain words or images in advertising
Restrictions on the targeting of advertising to minors
Requirements to disclose the state license number in all advertising
Navigating the Regulations
Navigating the complex web of federal and state regulations can be challenging for agencies that work with cannabis clients. However, there are a number of resources available to help agencies stay compliant.
The National Cannabis Industry Association (NCIA) provides a comprehensive guide to cannabis marketing regulations. The guide covers everything from federal regulations to state-specific requirements.
The NCIA also offers a number of other resources to help agencies navigate the cannabis marketing landscape, including webinars, workshops, and consulting services.
How Agencies Navigate Cannabis Marketing Regulations in the US
The cannabis industry is growing rapidly in the United States, with more and more states legalizing both medical and recreational use. As the industry grows, so too does the need for effective marketing and advertising.
However, marketing cannabis products can be tricky, as there are a number of federal and state regulations that must be followed. Agencies that work with cannabis clients need to be well-versed in these regulations in order to create successful marketing campaigns that stay on the right side of the law.
Federal Regulations

At the federal level, cannabis is still classified as a Schedule I controlled substance, which means that it has a high potential for abuse and no currently accepted medical use. This classification makes it illegal to advertise cannabis products in any way that could be seen as promoting their use.
However, there are a few exceptions to this rule. For example, it is legal to advertise cannabis products for medical use in states where medical cannabis is legal. Additionally, it is legal to advertise hemp-derived CBD products that contain less than 0.3% THC.
The cannabis marketing landscape is constantly evolving, so it is important for agencies to stay up-to-date on the latest regulations. By working with a knowledgeable cannabis marketing agency, you can ensure that your marketing campaigns are compliant and effective.
Here are a few additional tips for agencies that work with cannabis clients:
Hire a lawyer who specializes in cannabis law to help you navigate the regulations.
Create a marketing plan that complies with all applicable regulations.
Use targeted advertising to reach your desired audience.
Monitor your campaigns closely to ensure that they are compliant.
By following these tips, you can help your cannabis clients reach their marketing goals while staying on the right side of the law.
How Digital Advertising Platforms Can Help Agencies Comply with Regulations
Digital advertising platforms can help agencies comply with cannabis marketing regulations in a number of ways. First, digital advertising platforms can provide access to compliant advertising channels. For example, some digital advertising platforms specialize in advertising cannabis products and can help agencies reach their target audience without violating any regulations.
Second, digital advertising platforms can offer compliance resources. For example, some digital advertising platforms offer educational materials, webinars, and consulting services to help agencies stay up-to-date on the latest regulations.
Finally, digital advertising platforms can simplify the compliance process. For example, some digital advertising platforms automate many of the tasks involved in complying with regulations, such as keyword research, ad copy creation, and targeting. This can save agencies time and money and help them focus on creating effective marketing campaigns.
The Benefits of Using a Digital Advertising Platform for Cannabis Marketing
There are a number of benefits to using a digital advertising platform for cannabis marketing. First, digital advertising platforms can help agencies reach their target audience more effectively. This is because digital advertising platforms allow agencies to target their ads based on a variety of factors, such as demographics, interests, and even past purchase behavior.
Second, digital advertising platforms can help agencies track the results of their marketing campaigns more accurately. This is because digital advertising platforms provide detailed reports on the performance of ads, such as impressions, clicks, and conversions.
Finally, digital advertising platforms can help agencies save money on their marketing campaigns. This is because digital advertising platforms often offer discounts on ad space and other services.
In conclusion, digital advertising platforms can be a valuable tool for agencies that are looking to navigate cannabis marketing regulations. By providing access to compliant advertising channels, offering compliance resources, and simplifying the compliance process, digital advertising platforms can help agencies reach their target audience and grow their business.