Want to advertise cannabis in Colorado? Here’s what you need to know right now:
| What’s Allowed | What’s Not Allowed |
|---|---|
| TV/radio ads (with 70%+ adult audience) | Ads near schools/churches |
| Print media (with restrictions) | Interstate highway billboards |
| Social media (platform rules apply) | Cartoons or kid-friendly terms |
| Event sponsorship | Health/safety claims |
| Website marketing (age-gated) | Out-of-state advertising |
Big Changes for 2024:
- New "use by" dates required (9-month window)
- Legal online payments starting January 8
- Two-year licenses replace annual ones (August 7)
- Single application process for same-owner businesses (2025)
Break the rules? Face these penalties:
- Fines up to $100,000
- License suspension/revocation
- Possible jail time
The bottom line: Colorado’s cannabis market is worth billions, but you’ll need to play by strict rules to grab your share. Every ad must prove 70% of viewers are 21+, and you can’t advertise within 1,000 feet of schools or treatment centers.
Quick tip: Work with marketing companies that know both cannabis AND Colorado’s rules – it’s the safest way to stay compliant while growing your business.
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Laws and Rules Basics
The Marijuana Enforcement Division (MED) controls cannabis advertising in Colorado through specific rules that work with federal and local laws.
What the Marijuana Enforcement Division Does
The MED oversees all cannabis advertising to make sure businesses follow state laws. Here’s what they check:
| Area | MED Requirements |
|---|---|
| Business Identity | Business name and license number must be visible |
| Age Verification | Must prove 71.6% of audience is 21+ |
| Location Rules | No advertising within 1,000 feet of schools or treatment centers |
| Content Review | Checks ads for false or misleading statements |
| Health Warnings | Confirms required health warnings are included |
Starting August 7, 2024, new rules from Senate Bill 24-076 kick in. The biggest change? Point-of-sale systems MUST show pregnancy warnings where customers can see them.
Different Rules by City and County
Here’s something that trips up a lot of businesses: local rules can be tougher than state laws.
| Type | State Level | Local Level |
|---|---|---|
| TV/Radio Ads | OK with age verification | Some areas say no |
| Outdoor Signs | Not near schools | Some cities ban them |
| Print Media | OK with limits | Extra rules possible |
| Online Ads | Age checks needed | Might need local permits |
Let’s look at Denver as an example. If you run a cannabis business there, you need to follow:
- MED state rules
- Denver’s city rules
- Federal ad laws
Things keep changing too. Just this January 2024, the MED changed its policies about online ordering and testing. These changes affect how you can market products online.
Bottom line: Don’t just look at state rules. Check your local laws too – what flies in one city might get you in trouble in another.
What Cannabis Businesses Can’t Advertise
Here’s what Colorado’s strict cannabis advertising rules mean for your business:
Age Checks and Target Audience Rules
Your ads MUST reach the right age group. Here’s what that means:
| Requirement | Details |
|---|---|
| Age Verification | Must show 70% of audience is 21+ |
| Location Devices | Only through apps users 21+ download |
| Internet Pop-ups | Not allowed |
| Event Sponsorship | Need proof of 70% attendees 21+ |
| Digital Marketing | Must use age gates |
For online advertising, you’ll need:
- Hard data about who sees your ads
- Age verification systems
- Documentation of audience stats
Where and What You Can’t Advertise
Stay away from these places:
| Prohibited Location | Distance/Details |
|---|---|
| Schools | 1,000+ feet away |
| Interstate Highways | No billboards |
| State Border Highways | No outdoor ads |
| Treatment Centers | 1,000+ feet away |
And don’t include this content:
| Banned Content | Why It’s Not Allowed |
|---|---|
| Safety Claims | Can’t call products "safe" |
| Health Benefits | No medical statements |
| False Statements | Must stick to facts |
| Minor Appeal | Nothing that attracts under 21 |
| Location Targeting | No tracking without consent |
The MED says NO to:
- Misleading info
- TV/radio without 21+ audience proof
- Health benefit claims
- Ads in places where cannabis is illegal
Here’s the bottom line: Break these rules, and you’re looking at a level 2 drug misdemeanor if you’re not licensed. It’s not worth it.
Online Marketing Rules
Here’s what you need to know about cannabis marketing online in 2024:
Social Media and Website Rules
Each platform has its own do’s and don’ts:
| Platform | What’s Allowed | Key Rules |
|---|---|---|
| Twitter/X | Cannabis ads | – Must be licensed and pre-authorized – Target only licensed areas – Age-gate all sales pages – No images of product use |
| Business content | – Limit cannabis-specific terms – Focus on B2B content – No direct product sales |
|
| Educational content | – No sales promotion – Age-gate required – Educational focus only |
|
| Limited CBD ads | – Only in CO, CA, and Puerto Rico – THC content ≤ 0.3% – Google certification needed |
Your website MUST follow these rules:
| Must Have | Can’t Have |
|---|---|
| Age verification | Pop-up ads |
| Location tracking opt-in | Out-of-state targeting |
| Clear THC warnings | Medical claims |
| License numbers | Minor-appealing content |
Email and Phone Marketing Rules
Here’s what S.B. 24-076 says about email marketing:
| Requirement | Details |
|---|---|
| Age Verification | Must confirm 21+ before sending |
| Opt-in Process | Double opt-in required |
| Unsubscribe Option | Clear, one-click removal |
| Content Rules | No health claims or medical benefits |
| Geographic Limits | CO residents only |
For mobile marketing, here’s what’s OFF limits:
- SMS without written consent
- Location targeting without opt-in
- Push notifications for sales
- Cross-state tracking
Heads up: New rules from S.B. 24-076 kick in August 7, 2024. Keep an eye on MED updates to stay compliant.
For your content strategy:
- Stick to educational content
- Get quality backlinks
- Make it mobile-friendly
- Monitor your results
- Keep age data records
"The rate of legalization is outpacing many states’ preparedness regarding advertising legality", says the MED. That’s why staying on top of these rules isn’t optional – it’s a MUST.
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Product Package Rules
Here’s what you need to know about Colorado’s cannabis packaging for 2024:
| Basic Requirements | Details |
|---|---|
| Child-Resistant | Kids under 5 can’t open it |
| Tamper-Evident | Shows if someone opened it |
| Opaque | Can’t see through it |
| Resealable | Stays child-resistant after opening |
| Exit Package | Store gives you an opaque, child-resistant bag |
Every package MUST have these items:
| Must-Have Elements | What to Include |
|---|---|
| THC Symbol | – Red "! THC" on white – ½" x ½" minimum – Goes on front |
| Warning Text | – Text size: 1/16" minimum – English text only – Nothing blocking it |
| License Info | – Store name + license # – Batch numbers – Sale date |
Big Change for 2024: Use-by dates are now part of the rules:
| What to Know | Details |
|---|---|
| Time Limit | 9 months from packaging date |
| Required Tests | Check potency, microbes, water |
| Past-Date Sales | OK to sell after date |
| Longer Dates | Possible with stability proof |
Don’t put these on your labels:
- "Candy"
- Health claims
- Medical claims
- Images kids might like
- Wrong THC amounts
For edibles, you’ll need:
| Must Include | What to List |
|---|---|
| Ingredients | Everything in it |
| THC Info | Per piece + whole package |
| Storage | How to store it |
| Expiration | When to use by |
| Serving | Max 10mg THC/serving |
Your labels MUST say:
- Keep away from kids
- 21+ only
- No driving after use
- Not for pregnancy/nursing
- Use in Colorado only
"Product recalls jumped from 11 to 18 between 2022-2023 because of mold and test problems", says Colorado’s Marijuana Enforcement Division. "That’s why we added stricter use-by dates for 2024."
Want to stay compliant? Keep an eye on the MED website – these rules change fast.
Breaking the Rules: What Happens
The Marijuana Enforcement Division (MED) doesn’t mess around with advertising violations. In 2023, they hit retailers with $683,500 in fines for breaking the rules.
Here’s what you’re looking at if you don’t play by the rules:
| Violation Type | Penalties | Examples |
|---|---|---|
| Public Safety Violations | – Up to $100,000 fine – License suspension – License revocation |
– Selling to under 21s – Using misleading ads – Consuming on premises |
| Standard Violations | – Up to $50,000 fine – Possible suspension |
– Marketing rule breaks – Wrong advertising placement – Missing required warnings |
| Minor Infractions | – Up to $10,000 fine | – Missing ID badges – Small paperwork errors |
The MED uses three levels of punishment for advertising violations. And they get MORE serious when it comes to illegal sales:
| Amount Sold | Crime Type | Jail Time | Maximum Fine |
|---|---|---|---|
| 4 oz or less | Misdemeanor | 6-18 months | $5,000 |
| 4-12 oz | Felony | 6 months-2 years | $100,000 |
| 12 oz-5 lbs | Felony | 2-6 years | $500,000 |
| 5-50 lbs | Felony | 4-16 years | $750,000 |
| Over 50 lbs | Felony | 8-32 years | $1,000,000 |
What You Need to Know:
- Break advertising laws? Face up to 12 months in jail + fines from $50-$750
- Mess up tracking? Your license could get suspended
- Multiple violations = Multiple fines (they add up FAST)
Here’s a real example:
"This incident resulted in several violations. But at no point was the company cited for illegally diverting product. Nor at any point was any marijuana determined to be missing. The incident was more of a clerical error." – Spokesman for Natural Selections, after their $75,000 fine and 90-day suspension in 2016
The MED watches:
- How you target age groups in ads
- Where your ads show up
- What you say about safety/testing
- Marketing outside state lines
- Your tracking system
When deciding penalties, they look at:
- Your violation history
- How you’ve fixed problems
- Chances you’ll mess up again
Want to swap suspension time for fines? You’ll need to prove you’ve fixed what went wrong in the first place.
Working with Marketing Companies
Marketing companies in Colorado’s cannabis space need two things: marketing skills and cannabis know-how. Here’s what you need to know:
Finding the Right Marketing Help
Want to pick a solid marketing partner? Here’s what matters:
| Factor | Must Have | Stay Away From |
|---|---|---|
| Cannabis Know-How | 4+ years in cannabis | No cannabis background |
| Location | Colorado office | Out-of-state only |
| Past Work | Cannabis success stories | Zero cannabis clients |
| Services | Matches your needs | Basic marketing only |
| Competition | Clear boundaries | Works with your rivals |
In Colorado, expect to pay $50-300 per hour for cannabis marketing help. The price depends on what they bring to the table.
Keeping Your Marketing Safe
Here’s how to protect your business:
| What to Do | How to Do It |
|---|---|
| Check Rules | Get MED compliance proof |
| Watch Content | Sign off on ads before launch |
| Know Your Crowd | Confirm 71.6%+ are 21+ |
| Keep Records | Save all marketing work |
| Set Boundaries | Write down who does what |
Want to see what good looks like? Check these Colorado agencies:
- SmartSites: Does SEO and websites with age checks
- Jives Media: Runs state-compliant ad campaigns
- MH Digital: Handles email marketing with age gates
"Agencies that get how grows work can market your dispensary or grow op better." – Cannabis Creative
Play by These Rules:
- Get all ads approved
- Keep age data proof
- Skip anything kids might like
- Track what you spend
- Save your marketing stuff
Tools you’ll get from places like ProGrowth:
- Campaign tracking
- Call monitoring
- Age-gated emails
- Numbers breakdown
Pick a partner who knows both marketing AND cannabis rules. They should help you grow while playing by the book.
What’s Next for Cannabis Advertising
Big changes are coming to Colorado’s cannabis market in 2024. Here’s what you need to know:
| Change | Impact | Timeline |
|---|---|---|
| Online Sales | Legal online payments start | January 8, 2024 |
| Product Dating | "Use by" dates required | Throughout 2024 |
| License Terms | Two-year periods instead of annual | August 7, 2024 |
| Unified Apps | Single process for same-owner businesses | January 2025 |
The market’s facing some tough challenges:
- Sales are down from 2023
- 10% fewer license renewals
- Prices dropped 60% since market opening
But there’s good news too. Starting in 2024:
- Products get "use by" dates (9-month window)
- MED gets better product safety control
- Hospitality locations can sell more:
- 1 oz flower
- 8g concentrate
- 100mg retail items
"I think it’s important that we recognize that this week marks the 10-year anniversary of legal recreational sales in Colorado, which was the first in the nation. As I look back, we got a lot of things right and a few things wrong." – Truman Bradley, Executive Director of the Marijuana Industry Group
Here’s what’s on the horizon:
| Focus Area | What’s Coming |
|---|---|
| Federal Level | Possible banking rule updates from Biden administration |
| Local Level | Cities choosing between 1-2 year licenses |
| Product Testing | New testing standards |
| Digital Sales | More payment options |
The numbers tell an interesting story:
- U.S. cannabis market could reach $53.5B by 2027
- More states legalizing cannabis
- Industry consolidation picking up speed
"It’s become much more competitive." – Beth Kotarba, COO of Native Roots
"We can expect the process to look more and more like what we see with alcohol." – Mason Tvert, Denver-based cannabis policy firm VS Strategies
Bottom line: The cannabis industry keeps evolving. Stay on top of federal updates, local rules, and new marketing options to keep your business ahead of the curve.
FAQs
What are the new laws for cannabis in Colorado 2024?
Colorado’s cannabis laws are changing in 2024. Here’s what’s happening:
| Change | Details | Start Date |
|---|---|---|
| Product Dating | "Use by" dates required within 9 months of packaging | January 3, 2024 |
| Online Sales | Legal online payments begin | January 8, 2024 |
| License Terms | Two-year license periods replace annual ones | August 7, 2024 |
| Application Process | Single process for same-owner businesses | January 2025 |
The biggest change? Product dating. Starting January 3rd, all cannabis products MUST show "use by" dates. These dates:
- Come within 9 months of packaging
- Show peak quality timing
- Help track freshness (not expiration)
"I think it’s important that we recognize that this week marks the 10-year anniversary of legal recreational sales in Colorado, which was the first in the nation. As I look back, we got a lot of things right and a few things wrong." – Truman Bradley, Executive Director of the Marijuana Industry Group
"The date — which is for quality and freshness, not expiration — has to be within nine months of packaging." – Jen Lamboy, Director of Strategy at Hybrid Marketing Co
These changes come from 2022 legislation, giving businesses time to adapt. The goal? Better product tracking for buyers.
