cannabis advertising

Twitter Rolls out Approval for Cannabis Advertising

Across the Country, states continue to both legalize cannabis sales and develop associated industry regulations. Naturally, there has been a lot of attention to what constitutes compliant cannabis advertising. As of December 2022, Twitter’s audience comprised over 368 million monthly active users. That is a lot of users, who make up a captive audience — so to speak. So, when Twitter recently announced its new cannabis advertising policy, the industry took notice. Before marketing companies jump into the fray, however, there are many nuanced rules and procedures to be aware of. Failing to do so involves significant risk, both in terms of cost and reputation. In this rapidly-evolving space, it is a prudent idea to consult with attorneys who have experience in the cannabis advertising space before embarking on any new marketing campaign.

Details of Twitter’s New Cannabis Advertising Policy

It is important to note that Twitter had banned cannabis advertising in the past because, among other things, the federal government has yet to legalize marijuana sales. The new policy takes this issue into account and only permits cannabis marketing in the states where it is legal to purchase marijuana products. As the industry awaits federal legalization, let us review the who, what, when, where and how of Twitter’s new policy. First, bear in mind that Twitter’s current policy clearly states that it prohibits the promotion of drugs and drug paraphernalia on its platform.

Who: 

Advertisers may not target consumers under the age of 21. 

What: 

The policy permits the advertising of “approved Cannabis (including CBD– cannabinoids) . . . .” 

When: 

Cannabis advertisers may begin marketing identified products now!

Where:

The marketing of cannabis may now take place on Twitter, targeting 21 United States jurisdictions.

How: 

When setting up a marketing campaign, multiple restrictions apply, including that advertisers: 1) must be licensed by appropriate authorities, and pre-authorized by Twitter; 2) may only target jurisdictions in which they are licensed to promote these products online; 3) may not promote or offer the sale of Cannabis (including CBD– cannabinoids), with stated exceptions; and 4) are responsible for complying with all applicable laws, rules, regulations, and advertising guidelines.

Even More Restrictions in Twitter’s Cannabis Advertising Policy

Twitter’s policy is clear about the restrictions that apply to cannabis advertising. Specifically, any advertisement for content that is allowed on the platform, subject to the above-mentioned restrictions, must also adhere to the following additional requirements. The cannabis ads must:  

  • Have landing pages that are age-gated and sales must be age verified.
  • Not use characters, sports-persons, celebrities, or images/icons that appeal to minors. 
  • Not use minors or pregnant women as models in advertising. 
  • Not make efficacy or health benefit claims.
  • Not make false/misleading claims.
  • Not show cannabis product use.
  • Not depict people under the influence.
  • Not encourage transport across state lines.

How to Comply with Twitter’s New Cannabis Advertising Policy

Twitter is the first social big media company to allow cannabis advertising on its platform. Such advertising is likely to be a welcomed source of additional revenue for Twitter following its purchase by Elon Musk. 

Because the Twitter policy is new, and the industry is booming, businesses will want to be sure to cross every “t” and dot every “i” — lest they find themselves in regulatory hot water. To join the ever-growing market of cannabis advertising, in a compliant manner, work an experienced advertising attorney.

If you require legal assistance in connection with cannabis advertising, please e-mail us at: info@kleinmoynihan.com, or call us at (212) 246-0900.

The material contained herein is provided for informational purposes only and is not legal advice, nor is it a substitute for obtaining legal advice from an attorney. Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney.

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Photo by Kimzy Nanney on Unsplash

Related Blog Posts:

Are You Ready To Roll Out A Marijuana Advertising Campaign?

Cannabis Board Approves NY Marijuana Marketing Regulations

A Bumpy Ride For The Future Of Cannabis Ads On Radio And TV 

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David Klein

David Klein is one of the most recognized attorneys in the technology, Internet marketing, sweepstakes, and telecommunications fields. Skilled at counseling clients on a broad range of technology-related matters, David Klein has substantial experience in negotiating and drafting complex licensing, marketing and Internet agreements.

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