Email Marketing Laws: CAN-SPAM Act Compliance Guide

Here’s what you need to know about CAN-SPAM compliance for cannabis businesses:

It’s the law for all commercial emails in the U.S.
Fines can reach $51,744 per email violation
Applies to B2C, B2B, and even single promotional emails

Key rules to follow:

Use honest headers and subject lines
Clearly identify ads
Include your physical address
Provide an easy unsubscribe option
Honor opt-outs within 10 business days
Monitor third-party email services

Requirement	What to Do
Headers	Keep "From", "To", "Reply-To" accurate
Subject	No misleading content
Ad label	Make it obvious it’s an ad
Address	Include business location
Unsubscribe	Clear opt-out mechanism
Opt-outs	Process within 10 days

Following CAN-SPAM isn’t just about avoiding fines. It builds trust in the cannabis industry and shows respect for customers’ inboxes.

What is the CAN-SPAM Act

The CAN-SPAM Act, passed in 2003, sets the rules for commercial emails in the U.S. It’s a big deal for email marketers, especially in the cannabis industry.

This law covers ALL commercial messages. That means marketing emails, promo content, and even B2B communications. Yep, even a single email can fall under CAN-SPAM if it’s mainly commercial.

Who needs to follow it? Every business sending commercial emails. Cannabis companies, you’re not off the hook. B2C or B2B, it doesn’t matter. Even if someone opted in, you still need to play by the rules. And if you’re using third-party email services? You’re on the hook for their compliance too.

The FTC isn’t messing around. Each non-compliant email can cost you up to $51,744 in fines. Ouch.

Here’s what you need to know:

Requirement	What to Do
Honest headers	Keep "From", "To", and "Reply-To" info accurate
Clear subject lines	No misleading subjects
Ad identification	Make it obvious it’s an ad
Physical address	Include your business address
Unsubscribe option	Let people opt out
Honor opt-outs	Remove unsubscribers within 10 business days

For cannabis businesses, this isn’t just about dodging fines. It’s about building trust in an industry that’s still gaining ground.

"These laws were originally passed to protect consumers, and they continue to do so 20 years later."

True that. The CAN-SPAM Act might be old news, but it’s still calling the shots in today’s digital marketing world.

Main rules of CAN-SPAM

CAN-SPAM isn’t just a suggestion – it’s the law. Break it, and you’re looking at fines up to $51,744 per email. Let’s break down the key rules:

Correct email headers

Your "From", "To", and "Reply-To" info must be accurate. No tricks. If Jane from Cool Cannabis Co. is sending the email, that’s exactly what it should say.

Honest subject lines

Don’t oversell in your subject lines. Offering a 20% discount? Say that. Don’t promise more than you’re delivering.

Marking emails as ads

Be clear that you’re selling something. You don’t need to shout "ADVERTISEMENT", but don’t hide it either.

Including your address

Every commercial email needs your physical address or P.O. box. No exceptions, even for digital-only businesses.

How to let people unsubscribe

Make opting out easy. A clear, visible unsubscribe link in every email does the job.

Handling unsubscribe requests

Someone unsubscribes? You have 10 business days to stop sending them emails. Period.

Checking outside email services

Using a third-party service? You’re still responsible if they mess up. Check their compliance practices.

Here’s a quick rundown:

Element	Requirement
Header info	Accurate "From", "To", "Reply-To"
Subject line	Honest content representation
Ad identification	Clear ad indication
Physical address	Valid address or P.O. box
Unsubscribe option	Easy opt-out mechanism
Opt-out processing	Within 10 business days

These rules apply to ALL commercial emails, regardless of your company size.

"CAN-SPAM isn’t just about avoiding fines. It’s about building trust in an industry that’s still gaining ground", says an FTC spokesperson.

Steps to follow the Act

Want to build trust with customers AND avoid fines? Here’s how cannabis businesses can stick to the CAN-SPAM Act:

Make a compliance list

Create a checklist covering all CAN-SPAM must-haves:

What to Do	How to Do It
Check headers	Make sure "From", "To", and "Reply-To" are spot-on
Nail the subject line	It should match what’s inside
Flag ads	Let people know if it’s promotional
Include your address	Put your real business address in there
Let people opt out	Add a clear unsubscribe link
Handle opt-outs fast	Set up a system to process within 10 days
Watch your helpers	Make sure email services follow the rules too

Use this to check your email marketing regularly.

Check your current emails

Take a good look at your existing campaigns:

1. Header check

Is all your sender info correct?

2. Subject line audit

Do your subject lines match what’s inside?

3. Ad disclosure

Can people tell it’s an ad?

4. Address inclusion

Is your physical address in every email?

5. Unsubscribe test

Try opting out yourself. Does it work smoothly?

6. Response time

How fast are you handling unsubscribe requests?

A Federal Trade Commission spokesperson says: "Regular audits are key to maintaining CAN-SPAM compliance. We recommend businesses review their email practices at least quarterly."

Don’t just follow the rules. Build trust. It’s good for business AND keeps you out of trouble.

Common mistakes to avoid

Let’s look at some CAN-SPAM slip-ups and how to avoid them:

Business vs. promotional emails

Many cannabis businesses confuse transactional and promotional emails:

Email Type	Purpose	CAN-SPAM Rules
Transactional	Order confirmations, shipping updates	Less strict
Promotional	Marketing messages, special offers	Must follow all rules

Even business emails need to follow some CAN-SPAM rules. Always include your physical address and an opt-out option.

Keeping email lists up to date

Outdated lists can cause:

Higher bounce rates
Illegal emailing to opted-out users
Damaged sender reputation

Clean your list every 3-6 months. Remove hard bounces and inactive subscribers.

"Regular list maintenance is not just good practice, it’s a legal necessity", says Mailchimp’s Chief Compliance Officer. "We’ve seen businesses face fines for repeatedly emailing addresses that should have been removed."

Use double opt-in for new subscribers to keep your list clean from the start.

CAN-SPAM isn’t just about avoiding fines. It’s about building trust with your customers. Following these rules shows respect for their inbox – and that’s good for business.

Helpful tools for following rules

Cannabis businesses need to stay on top of email marketing laws. Here are some tools to help:

Email marketing software

Several platforms can help with CAN-SPAM compliance:

Platform	Features	Cannabis-friendly
Moosend	Clean dashboard, automation workflows	Yes
MailerLite	Customizable pop-ups, landing pages	Yes
Klaviyo	Connects to POS systems, targeted campaigns	Yes
Dotdigital	Drag-and-drop automation, product recommendations	Yes
Omnisend	Personalized promotions, eCommerce automation	Yes

These platforms often handle unsubscribe requests automatically, which is key for CAN-SPAM compliance.

"Regular list maintenance is not just good practice, it’s a legal necessity", says Mailchimp’s Chief Compliance Officer.

Tools for handling unsubscribes

Proper unsubscribe management is a must. Some helpful tools include:

Unsubscribr
ByeByeEmail
OptOutMaster
UnsubTrack
UnsubMetrics

These tools can help you process opt-outs within 10 business days (as required by law), keep your email list clean, and track unsubscribe metrics.

Heads up: Starting February 2024, bulk email senders face stricter rules. This includes mandatory sender authentication and easy unsubscribe options.

Want to improve your unsubscribe process? Here’s how:

Put the unsubscribe link at the top of emails
Don’t make users log in to unsubscribe
Unsubscribe users right away
Skip the confirmation emails after unsubscribing

Conclusion

Here’s what you need to know about CAN-SPAM for cannabis businesses:

Rule	What to Do
Headers	Keep ’em honest
Subject lines	No tricks
Ad label	Mark it clearly
Address	Include it
Unsubscribe	Make it easy
Opt-outs	Honor quickly
Third parties	You’re still responsible

Stay sharp:

Check compliance regularly
Keep lists updated
Train your team
Use compliant software

"Happy recipients become loyal customers. Respect their preferences by following CAN-SPAM."

Breaking rules? It’ll cost you. The FTC can slap you with a $51,744 fine PER EMAIL.

For cannabis businesses, email marketing is crucial. Don’t risk losing it.

CAN-SPAM isn’t just about dodging fines. It’s about building trust. Follow the law, and you show customers you respect their inboxes and choices.

FAQs

How do you comply with CAN-SPAM Act?

To follow CAN-SPAM:

Use real header info
Write honest subject lines
Label ads clearly
Include your address
Add unsubscribe option
Honor opt-outs fast
Watch third-party emailers

What are the email marketing laws?

The main US email law is CAN-SPAM. It sets these rules:

Rule	What to Do
Headers	Keep them accurate
Subject lines	No tricks
Ad label	Make it clear
Location	Add physical address
Unsubscribe	Easy to find
Opt-outs	Honor in 10 days

How to stick to CAN-SPAM Act?

Follow these steps:

Clear unsubscribe link
Handle opt-outs in 10 days
Put your address in emails
Be careful with bought lists
Check state laws too
Use real "from" info

Who needs to follow CAN-SPAM?

CAN-SPAM applies to all businesses sending commercial emails:

B2C companies
B2B firms
Nonprofits promoting products
Anyone sending email ads

Even emails promoting free content on commercial sites must comply.

What are CAN-SPAM’s main rules?

Key CAN-SPAM rules:

No false headers
No trick subject lines
Label ads
Show location
Explain opt-out
Honor opt-outs fast
Monitor email vendors

Breaking these? You might face $50,120 fines per email from the FTC.