Advertising Cannabis Memo
This is an urgent note following the recent report received from the State Legislator against the advertising of all cannabis products which has led to the meeting we are going to have with the legislator soon.
The meeting will mainly focus on advertisement restrictions such as (Gerwig, 2021):
- The need to employ natural age screening mechanisms that verify the age of users to be at least 18 years for the website, or internet platform to be used as a means of advertising any cannabis product.
- All advertisements placed on mobile applications or social media must notify that the individuals must be at least 18 years and that medicinal cannabis must only be used by certified persons.
- All advertisements must include a statement reiterating that the product can only be used by qualified patients.
- The advertisement must be supported by substantial clinical data and evidence supporting the therapeutic or medical claim of cannabis.
- The advertisement must include information regarding significant side effects and risks associated with cannabis use.
- The advertisement must not contain information that is misleading or false regarding the cannabis product.
- The advert representation, in terms of design, illustration and pictures must not encourage recreational use or abuse.
- The advertisement must not be designed in such a way that it targets minors by including cartoon characters among others.
- Any advertisement of the cannabis product must not be placed within 500 feet of a rehab or substance treatment facility.
- Advertisements for cannabis products must not be placed within 500 feet of a recreational center, playground, library, or public park.
Out of the above-listed restrictions, I would like to focus on the second restriction on the use of the internet and the last restriction on where not to place the advertisement. Today’s businesses have adopted the use of the internet and social media to market and sell their product in this technological era. This puts our children in danger of coming across age-inappropriate adverts on the internet as a result of a lack of age restrictions (Moreno et al., 2022). However, with the case of cannabis, the adverts will only be viewed by age-appropriate individuals above the age of 18 years by employing natural age screening mechanism before accessing the website.
Additionally, recreational facilities, public parks, and playgrounds are some of the most strategic places for people to sell and abuse drugs (Gerwig, 2021). As such, restricting adverts within 500 feet of these places helps prevent people from accessing information regarding where to purchase cannabis products for recreational use or abuse.
It is thus very important that we familiarize ourselves with the significance of the above two restrictions, to promote state legislation supporting the advertisement of cannabis products, but with restriction.
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Gerwig, E. (2021). The Blunt Reality of Cannabis Advertising: State-by-State Restrictions & the TCPA. Ohio State Legal Studies Research Paper, (651). http://dx.doi.org/10.2139/ssrn.3918972
Moreno, M. A., Jenkins, M., Binger, K., Kelly, L., Trangenstein, P. J., Whitehill, J. M., & Jernigan, D. H. (2022). A content analysis of cannabis company adherence to marketing requirements in four states. Journal of studies on alcohol and drugs, 83(1), 27-36. https://doi.org/10.15288/jsad.2022.83.27
This module starts our exploration of cannabis business regulation. The ability to advertise goods and services is a critical business function. However, cannabis businesses are subject to an array of advertising restrictions under state law and federal law flatly prohibits advertising. At the state level, there are several policy motivations for regulating the advertisements of cannabis companies and several approaches to achieving these policies.
This module starts our exploration of Cannabis business regulation. The ability to advertise goods and services is a critical business function. However, Cannabis businesses are subject to an array of advertising restrictions under state law and federal law flatly prohibits advertising. At the state level, there are several policy motivations for regulating the advertisements of Cannabis companies and several approaches to achieving these policies.
The hypothetical for Discussion 4.1 is as follows:
Congratulations! Your state now has legal medicinal Cannabis.
And after your valued participation on the legalization taskforce, you were offered and accepted employment with your state’s regulatory agency, the STATE CANNABIS COMMISSION.
A powerful state legislator who does not support medical Cannabis is calling for SCC to prohibit all Cannabis advertising. In advance of a meeting with the legislator, you have been tasked with developing a briefing memo for your SCC colleagues.
Your memo should FIRST LIST UP TO 10 types/examples of restrictions on advertising/and communication; then CHOOSE TWO you believe to be critical.
In 300 words or less, explain why the two you have chosen to highlight are essential for optimal operation of your state’s medical Cannabis program. Arm your colleagues with strong arguments so that the SCC can convince this legislator to support (or at worst not oppose) the promulgation of rules that would permit advertising but with restriction.
Here are some helpful links: https://harrisbricken.com/cannalawblog/marijuana-advertising-you-cant-do-that-on-tv/