California Lawyer Advertising Rules for Cannabis Businesses

If you’re navigating the advertising landscape for cannabis businesses in California, understanding the specific legal guidelines is crucial. Here‘s a quick rundown:

Audience Age Requirements: Ads must target an audience where at least 72% are over 21.
Location Restrictions: Cannabis ads cannot be placed within 1,000 feet of schools, playgrounds, or similar areas.
Claim Substantiation: Any health claims in ads must be backed by solid evidence.
Billboard Ban: Statewide restrictions prevent cannabis ads on billboards along interstate highways.
Local Regulations: Be aware of additional local advertising restrictions.

Consulting a lawyer specialized in cannabis advertising can help ensure your campaigns comply with these rules, avoiding fines and building trust with your audience. Remember, regulations can vary by locality, and keeping abreast of changes is key to effective and legal advertising.

Audience Age Requirements

When you’re putting out an ad, you need to make sure that most of the people seeing it, like at least 72 out of 100, are 21 or older. This rule is for all kinds of ads, whether they’re on TV, radio, in newspapers, or online. It’s up to the businesses to check and make sure they’re following this rule.

Location Restrictions

You can’t put cannabis ads close to places where kids spend a lot of time. This means no ads within 1,000 feet of schools, daycare centers, playgrounds, or youth centers. This rule applies to all kinds of ads, including billboards and flyers.

Claim Substantiation

If an ad says something about the health benefits of cannabis, there needs to be real science to back it up. You can’t just say cannabis cures diseases without solid evidence. Make sure any health claims are backed by actual research.

By sticking to these simple rules, lawyers who work with cannabis businesses can help them advertise the right way. It’s all about not misleading people or targeting kids, and making sure you’re up to date with legal advertising guidelines and compliance with state laws. Understanding and following these rules can help build trust and show that you’re serious about providing cannabis industry legal services.

Recent Changes and Considerations

The Billboard Ban

California recently made a rule that stops cannabis ads from being shown on big signs along highways that go to other states. This is because a court decided these signs might show too much about cannabis to kids.

So, cannabis businesses can’t use these big roadside signs for advertising anymore. Lawyers need to tell their clients about this big change to avoid any trouble from breaking this rule.

Local Regulations

Besides the rules for the whole state, lawyers and their clients also need to know about extra rules in different local areas. Some places might have even stricter rules about ads, like where you can put them or what they can say.

Here are some important things lawyers should check for their clients:

Are there special rules for signs or flyers?
Do ads need to be a certain distance from schools or parks?
Do you need to check the age of the people seeing the ads more carefully?
Are there rules about what the ads can show or say?

It’s really important to follow these local rules because not doing so can lead to big problems. Getting advice from lawyers who know all about the local cannabis rules can help businesses stay out of trouble.

Working with a Cannabis Advertising Lawyer

Hiring a lawyer who knows a lot about the rules for advertising cannabis can be really helpful for businesses that sell cannabis products. These lawyers can give advice that fits the business well, making sure they market their products in a way that follows the law.

Tailored Guidance

A lawyer who knows about advertising can help a cannabis business figure out how to:

Make sure their ads don’t break any rules
Choose the best places and ways to advertise
Understand the tricky rules that might be different in each place
Plan ahead to avoid legal problems

This kind of help means businesses can make ads that work for them without getting into trouble.

Ongoing Support

Working with one of these lawyers isn’t just a one-time thing. As the business grows, the lawyer can keep giving advice to make sure new ads or marketing ideas are still okay. They also keep an eye on any new rules or changes in the law and let the business know what they need to do differently.

This ongoing help is key to making sure a business can keep advertising without running into legal issues. It’s about making sure the business can keep doing what it does best, with the lawyer handling the complicated legal stuff.

By getting the right legal advice, cannabis businesses can feel more confident when they advertise. They know they’re doing things the right way, which helps them avoid problems and focus on growing their business.

Creating Compliant Cannabis Campaigns

With the rules around cannabis ads changing in California, it’s key for cannabis businesses to make sure their ads follow the law. By choosing the right people to see their ads and being careful with what they say, brands can talk about their products without breaking the rules.

Targeting the Right Audiences

When setting up an ad for your cannabis product, make sure it’s aimed at adults over 21. Here’s how:

Only put ads in places meant for adults, where at least 72 out of 100 people are over 21. Always check the latest numbers to be sure.
Use online checks to make sure visitors are old enough before they see your brand’s info.
Avoid using pictures, words, or ways of sharing your ad that might attract under-21s.

Making sure your ads don’t reach kids is the best way to keep your advertising legal and avoid fines.

Messaging Considerations

It’s important not to make false promises in your ads, especially about health benefits or where your cannabis comes from. Here are some rules:

Don’t claim cannabis cures illnesses without strong proof from scientific studies.
If you say your cannabis comes from a specific place, make sure that’s true.
Be honest about how big your company is and who owns it. People trust honesty.

The best way to talk about your brand and products is to focus on what’s really good about them. Being truthful and clear helps build a lasting relationship with your customers.

By making sure your ads are seen by the right people and your messages are honest, you can share information about your products without getting into trouble. If you’re ever unsure, talking to a lawyer who knows about cannabis ads can help.

Conclusion

In California, the rules for advertising cannabis are designed to let legal businesses talk about their products without kids seeing these ads. The laws make sure ads are only shown to adults and are honest about what’s being sold. For lawyers working with cannabis companies, it’s super important to know these rules to keep their clients out of trouble. Here’s what you need to remember:

Make sure your ads are mostly seen by people over 21. This is a must for all types of ads.
If you’re saying something about the health benefits of cannabis, you need real proof. Don’t make big claims without evidence.
Keep your ads truthful and follow the rules. Don’t say things that aren’t true.
Remember, different places might have their own extra rules, so always double-check.
Getting advice from a lawyer who knows a lot about cannabis laws can help make sure your ads are okay.

With help from a good lawyer, businesses in the cannabis world can make ads that speak to the right people without breaking any laws. Lawyers can also help these businesses keep up with any new changes in the law, making sure their ads stay on the right side of the rules. This way, cannabis companies can focus on growing their business, while their lawyers take care of the tricky legal stuff around advertising.

What are the new laws for cannabis in California 2024?

In 2024, California is introducing a new rule. This rule says that bosses can’t treat workers unfairly for using cannabis when they’re not at work. It’s okay for people to enjoy cannabis on their own time, but not okay to be under its influence at work. Employers can still make rules against using cannabis during work hours.

What is Section 26151 of Proposition 64?

Section 26151 is a part of California’s law that says when you’re showing an ad for cannabis, you need to be pretty sure that most people seeing it, like 72 out of 100, are adults over 21. This is to make sure that ads for cannabis don’t end up being seen by kids.

Can cannabis companies advertise on TV?

No, cannabis companies can’t put their ads on TV right now. Since cannabis is still illegal under federal law, the rules say you can’t advertise it on public TV. Some online streaming platforms might let cannabis ads show in places where it’s legal, though.

Who regulates the cannabis industry in California?

The California Department of Cannabis Control (DCC) is the main group in charge of overseeing cannabis businesses in the state. They handle licenses and make sure distributors, stores, delivery services, small businesses, and testing labs follow the rules. Other state groups also help regulate different parts of the cannabis industry.