Cannabis Advertising Code
The proposed CMC Cannabis Advertising Code represents a set of core principles and establishes a foundational baseline for advertising execution across all legal markets.
Advertising regulations are essential but often stipulate what not to do as opposed to what to do to be compliant, follow best practices, and be a good actor.
The proposed CMC Cannabis Advertising Code has two distinct layers:
I. Fixed core ethical principles:
Target Of-Age Consumers
Represent Truth in Advertising
Promote Responsible Consumption
II. Evolving operational rules:
The operational rules build on the core principles and are intended to be applied, interpreted, and updated as the advertising landscape changes and matures. The principles are the constant. The operational rules are how we apply them in practice.
“The Code supports the normalization of responsible cannabis use among legal adult consumers and recognizes cannabis as a legitimate regulated industry deserving of fair and equitable advertising opportunities.”
— Dustin Foxworth,
Fat Nugs & Green Press Collective
Target Of-Age Consumers
Represent Truth in Advertising
Promote Responsible Consumption
Core Principle 1: Advertising targets of-age consumers (21+ for adult use; 18+ for medical).
Advertising content is designed to primarily appeal to persons of legal age. (Content standards)
Advertising is placed in media, platforms and environments where the audience is reasonably expected to be of-age. (Placement standards)
Adult-use disclaimer: “For use by adults age 21 years or older.” Medical-use disclaimer: “For use by qualified patients for medical use only.”
Core Principle 2: Advertising claims are truthful and substantiated.
Medical claims must adhere to the standards of advertising for other similarly situated pharmaceutical products.
All medical claims must be supported by, and reference, third-party peer-reviewed, clinical or medical studies.
All adult-use effects or experiential claims must have a reasonable basis and adequate substantiation appropriate to the claim being made.
Any therapeutic, curative, or other health benefit claims must adhere to the support required for medical claims above.
Core Principle 3: Advertising promotes responsible consumption.
Advertising must portray cannabis products and consumers in a manner consistent with safe, informed and mindful use of cannabis by of-age consumers.
Operational Rule 1: Include legal operator information.
The creative includes the licensee by name and license number.
Operational Rule 2: Targeting legal consumption age.
The creative concepts, engagement mechanisms, and content in advertising and marketing materials must target individuals who are of legal purchasing age (18+ for medical; 21+ for adult-use).
If advertising and marketing materials depict user consumption, models must appear to be of legal consumption age.
Operational Rule 3: Age verification standards
Direct engagement and/or 1:1 targeting of a user requires age verification prior to presenting any advertising or marketing materials to that individual.
Age verification occurs when a user provides sufficient personal data to confirm that they are of legal purchase age.
Age verification mechanisms can vary depending on the applicable technology (i.e., a website, app, or other platform) and may include mechanisms for a user to provide their date of birth, confirm their age, and/or leverage a third-party age verification platform.
Operational Rule 4: Prohibited locations for advertising
Marketing and advertising must be placed greater than 500 feet away from an established place of worship, elementary or secondary schools, and/or other public venues where the audience is expected to be under the legal age, such as childcare centers or playgrounds.
Operational Rule 5: Audience composition thresholds for digital, broadcast and other media placement
Digital marketing communications and advertising must be placed only in media where at least 75% of the audience is reasonably expected to be of the legal purchasing age (21+), or where a platform/medium/app specifically targets/qualifies users as individuals of legal purchase age.
Audience composition data should be determined, when available, using reputable, third-party measurement sources and should be re-verified at least on an annual basis.
Operational Rule 6: Claims substantiation
Advertising must be truthful and not misleading or deceptive.
Advertisers must have adequate substantiation for all product claims, whether conveyed directly or implied, as those claims are likely to be understood by a consumer.
Where claims are made about ingredients, potency or other lab-tested attributes, advertising must show the source or point to a source (i.e., via a QR code) for this information.
References to third-party certifications must be current and truthful.
Operational Rule 7: Comparative claims and endorsements
Advertising and marketing materials should focus on the factual attributes of its own offering, avoiding negative targeting or disparagement of non-cannabis products (e.g., alcohol, beer).
Comparative marketing must strictly follow claim substantiation rules.
On Jurisdictional Conflicts: The CMC’s Cannabis Advertising Code strives to set a baseline of conduct across local, state and federal standards. Advertisers must always comply with applicable laws and regulations, which may exceed what the Code requires.
This is a starting point, not a final word. We want to hear where it works, where it falls short, and what we may have missed. This conversation is how we get this right. Thank you for sharing your feedback.