Your Comprehensive Guide to Compliant Cannabis Marketing in Massachusetts

Understanding Cannabis Marketing Guidelines in Massachusetts: What You Need to Know

Updated: November 11, 2024

If you’re a cannabis brand in Massachusetts, you’ve probably faced the challenge of navigating the state’s strict advertising rules. And let’s be honest, it can feel like walking a tightrope—trying to build a standout brand while making sure every marketing move stays compliant. But the good news is, it’s possible to get creative and follow the rules. You just need to know where the lines are drawn.

In this post, we’ll break down the key advertising and marketing guidelines for cannabis brands in Massachusetts so you can promote your brand without any missteps.

Why Compliance Matters

The cannabis industry is still heavily regulated, and for good reason—lawmakers want to make sure products are being marketed responsibly, especially when it comes to keeping cannabis out of the hands of minors. These rules aren’t here to stifle your creativity but to ensure your message is reaching the right audience: adults 21 and over who are looking for safe, reliable cannabis products.

What You Can Do

Let’s start with the good news. Cannabis advertising regulations aren’t overly stringent in Massachusetts. There’s plenty of ways you can build your brand, connect with your audience, and grow your business. Here’s a few ideas to get you started;

Create a Strong Brand: You can build a brand identity that reflects your values and story. Want to showcase your commitment to organic growing or highlight your unique team of legacy growers? Go for it. Just avoid using anything that might appeal to kids—no cartoon mascots or bright, flashy designs that could draw in younger audiences.
Create Lifestyle Content: Lifestyle photography and videography can be used to show how your products fit into your customers' ideal lives. Whether it’s capturing moments of relaxation, adventure, action, or community, lifestyle photography and videography can help your audience picture their lives improved with your products.
Distribute Engaging Media: You can post engaging media across various platforms such as Instagram, YouTube, and your own website. Whether it’s sizzle reels, lifestyle videos, blog posts, educational videos or newsletters, creating content that resonates with your audience is key to building a loyal customer base. Just ensure that all media follows state regulations, targets the right demographic, and includes the required disclaimers to keep things compliant.
Post Educational Content: Educational content can be a great way to build trust with your customers. Creating an informative blog, or even a video series for your business’ social media page is also one of the best ways to improve search engine visibility.
Sponsor Events (for Adults Only): Love getting out into the community? You can sponsor events like music festivals or charity runs as long as the audience is 85% adults 21 and over. It’s a great way to build brand awareness while staying compliant.
Advertise to Adults: As long as 85% of the intended audience is expected to be over 21, TV, radio, and online ads are fair game. So, choose your platforms wisely and aim your ads where your target customers are already hanging out.
Display Products & Prices: You are allowed to display your products in the open, as long as they are secured in a locked container, which could be transparent. You’re allowed to advertise prices on your owned media channels, such as your website, E-mail list, blog or newsletter.

What You Can’t Do

Of course, with rules come restrictions. Here are the big no-nos when it comes to cannabis advertising in Massachusetts.

DO NOT:

Target Minors: This one’s non-negotiable. Anything that could appeal to anyone under 21 is off-limits. That means no mascots, cartoon characters, sponsorships or using celebrities that might draw in a younger crowd. No depictions of anyone under the age of 21.
Deceptive Advertisement: Honesty is key. You can’t make claims that aren’t backed by science, like saying your product is “completely safe” or that it’s a cure for anything. Stick to the facts, and don’t exaggerate.
Make Health and Safety Claims: Don’t claim your products are inherently safe or have curative or therapeutic effects beyond what is supported by substantial evidence or clinical data with “reasonable scientific rigor” as determined by the Cannabis Control Commission. It’s best to just stay away from this one.
Advertise Sales: Recreational dispensaries are not allowed to advertise sales or promotions.
Public Spaces Are a No-Go: You can’t advertise in public transit spaces like buses, train stations, or airports. And when it comes to outdoor ads like billboards, they need to be compliant with local regulations and mustn’t be illuminated after dark.
Offer Freebies or Giveaways: Promotions like free product samples might sound like a fun way to engage customers, but they’re off-limits. Focus instead on creating value through content, education, or events. Inactive samples (that don’t contain cannabinoids) are however permitted.
Allow Minors on Your Website or Social Media Pages: Add an agechecker to your website and a disclaimer to your socials to discourage minors from interacting with your business.
Make False Statements About Competitors: Like any other industry, you can’t make false claims about competitors, their products, or their practices. The commission made explicit mention of this in their regulations, so it’s safe to assume it’s been a problem before.
Use Vehicles or Loudspeakers: You may not use vehicles as a form of marketing, such as vinyl wrapping. Likewise, use of loudspeakers or megaphones are not permitted for use to advertise cannabis products in public areas.
Offensive Advertising: Your advertising must not be “objectionable or improper in nature.”
Display Cannabis on Your Building’s Exterior: You can not display imagery of cannabis products on the exterior of your establishment.

Important Disclaimers

Every cannabis ad you put out needs to include specific warnings to keep consumers informed. These warnings help set the right expectations and protect both your customers and your business. Some key examples include:

Products must include these disclaimers:

"This product may cause impairment and may be habit-forming."
"Marijuana can impair concentration, coordination, and judgment. Do not operate a vehicle or machinery under the influence of this drug."
"There may be health risks associated with consumption of this product."
"For use by adults 21 years or older. Keep out of reach of children."
"Marijuana should not be used by women who are pregnant or breastfeeding."

All advertising must include this disclaimer (as well as at least 2 of the above):

"This product has not been analyzed or approved by the Food and Drug Administration (FDA). There is limited information on the side effects of using this product, and there may be associated health risks. Marijuana use during pregnancy and breast-feeding may pose potential harms. It is against the law to drive or operate machinery when under the influence of this product. KEEP THIS PRODUCT AWAY FROM CHILDREN. There may be health risks associated with consumption of this product. Marijuana can impair concentration, coordination, and judgment. The impairment effects of Edibles may be delayed by two hours or more. In case of accidental ingestion, contact poison control hotline 1-800-222-1222 or 9-1-1. This product may be illegal outside of MA."

Marketing with Confidence

Navigating cannabis advertising regulations can feel daunting, but it doesn’t have to stifle your brand’s creativity. At Flaherty Creative, we specialize in helping cannabis brands craft marketing strategies that not only comply with the law but also build lasting connections with customers. Whether it’s through stunning visuals or engaging media, we’re here to help your brand shine while staying on the right side of the rules.

Ready to take your cannabis marketing to the next level?

Let’s chat about how we can build a compliant strategy that sets your brand apart.

Frequently asked questions:

Can I show consumption in my marketing materials?

Yes, you can show consumption, such as smoking, vaping or eating edibles, in your cannabis advertising in Massachusetts. The state regulations do not explicitly prohibit depicting consumption in marketing materials. However, it’s important to ensure that your ads do not appeal to minors, include all required disclaimers, and comply with general advertising guidelines to avoid any potential issues. It’s also imperative that you include necessary disclaimers as well as the phrase “please consume responsibly.”

Can I show photos and videos of my cannabis products?

Yes, you can display images of your cannabis products. However, the images must not be visible from the outside of a licensed establishment, and you must avoid using any imagery that could appeal to minors, such as cartoons or bright, child-attracting designs.

Can I show photos and videos inside my cultivation facility or extraction lab?

Yes, you can show photos and videos of your facility, but you need to ensure that these images don't depict active consumption. Additionally, cultivation facilities must comply with security requirements, and imagery should reflect those standards.

Can I show Imagery from inside my dispensary?

Yes, you can show imagery from inside your dispensary, but any cannabis products should not be visible from outside the premises. Additionally, ensure that signage and displays inside the dispensary meet all state regulations, including age restrictions and warnings.

Can I use cannabis terminology in my advertising?

Yes, but with restrictions. While you can use general cannabis terminology, colloquial references to marijuana, cannabis, or slang terms (e.g., "weed") are prohibited. The focus should be on professionalism, avoiding terms that could appeal to minors or be considered informal.

wanna take a look for yourself?

You Can View the Cannabis Control Commission’s Official Regulation Materials below:

935 CMR 500

Sources:
Commission, C.C. (2024) CANNABIS CONTROL COMMISSION ADULT USE OF MARIJUANA GUIDELINES, Cannabis Control Commission - Regulations. Available at: https://masscannabiscontrol.com/wp-content/uploads/2023/10/935cmr500.pdf (Accessed: 22 November 2024).

PDF: 935 CMR 500

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Rules & Regulations for Cannabis Marketing in Massachusetts