Medical Marijuana Dispensary Advertising: Oklahoma Guidelines and Tips for Marketing Your Cannabis Business
Oklahoma business owners are still ironing out the kinks when it comes to what is legal when advertising and marketing within the Cannabis Industry.
With Cannabis still illegal at the federal level, advertising in a national publication, for example, would raise many red flags and possibly mean court action.
But what about at the state level?
In this comprehensive guide, our experts provide a detailed look at Oklahoma Medical Marijuana advertising laws, plus 5 tips to keep your company within regulations when advertising for your cannabis-related business within Oklahoma state limits.
In this article you will learn about the following:
Medical Marijuana Business Advertising Laws in Oklahoma
What Not to Advertise
How a Creative Marketing Team Can Help
Where You Can Advertise
-Social Media Guidelines
-Print Publication Ad Guidelines
-Billboard Advertisement Guidelines
-Dispensary Website Guidelines
Social Media Platform Specifics
-Facebook Guidelines
-Instagram Guidelines
-Twitter Guidelines
Looking to Other States For Legal Precedent and Avoiding Legal Backlash
5 Tips to Stay Within Regulation When Advertising for Your Oklahoma Medical Marijuana Dispensary
In The Know: Things to Keep in Mind When Developing a Marketing Plan for Your Cannabis-Related Business
Know The Laws
Oklahoma law has not yet released many guidelines for cannabis-related advertisement. There are still a lot of gray areas, but here is what we know so far.
Here are the statues and restrictions that cover advertising your medical marijuana business.
2021 Oklahoma Statutes
Title 63. Public Health and Safety
§63-427.21. Advertising restrictions.
Universal Citation: 63 OK Stat § 63-427.21 (2021)
A. A medical marijuana business shall not engage in advertising that is deceptive, false or misleading.
B. Medical marijuana advertising shall not contain any statement or illustration that:
1. Promotes overconsumption;
2. Represents that the use of marijuana has curative or therapeutic effects; or
3. Depicts a child or other person under legal age to consume marijuana, or includes:
objects such as toys or cartoon or other characters, which suggest the presence of a child, or any other depiction designed in any manner to be especially appealing to children or other persons under legal age to consume marijuana, or
any manner or design that would be especially appealing to children or other persons under eighteen (18) years of age.
Added by Laws 2019, c. 11, § 21. Amended by Laws 2019, c. 477, § 10.
What Not To Advertise
To summarize the statutes above, we won’t market to minors, we don’t promote overconsumption, and we will avoid advertising cannabis as a cure-all or talk about how therapeutic it is.
Now What?
Now, we work within these constraints to create great content that stands out within the niche without getting a cease-and-desist.
Hiring a creative team to handle your marketing is one great way to do this. A creative marketing team will be able to think outside the box to help you attract your ideal audience. Ask us how!
Where Can You Advertise?
Since the medical marijuana industry is rather new to Oklahoma, there is not much written about it yet. We look to other states for guidelines on what is reasonable. Below are guidelines covering different types of advertising.
Social Media
You may use Social Media to market your business, but you’ll need to keep in mind that each platform has its own rules when it comes to Medical Marijuana advertising. We will go over this more in the next section.
Print Publications Like Magazine Ads
If you are posting a print ad, make sure it is not in a publication that is geared toward readers under the age of 21 and avoid publications that are distributed nationally since marijuana is not yet legal at the Federal level.
In addition, be wary of advertising with publications that cross state lines. It is illegal in some states, and in other states it is frowned upon, to market to out-of-state consumers.
This is especially true in states where marijuana is not legalized (like Texas), so be careful before you erect a billboard to encourage tourists to cross state lines for their stash.
Billboards
If you are using a billboard to advertise, make sure to choose a billboard that is not near where children congregate such as a school, church, or youth center. And of course, follow the above regulations and make sure that your graphic design doesn’t include anything that would appeal to children like a cartoon weed leaf or a baked Barbie doll.
The point is to avoid raising red flags within the industry. Many people in Oklahoma are unhappy with cannabis-related billboards and are ready to lobby to outlaw the industry’s use of billboards for advertising. With this in mind, keep it subdued and classy and don’t go over top with references and puns.
SEE OUR BLOG: 8 Ways a Creative Marketing Agency Can Help Your Small Business Start-Up
Dispensary Website
Starting and maintaining a business website that includes E-commerce is a great way to market your dispensary. We can help you build a website that provides your patients with all of the information they need about your product so you can make your sale. We can even help you design your website for online ordering so your patients can pick up their medical marijuana order when it’s ready.
You’ll be able to use your website to promote many of the products that you are not permitted to promote on your Socials. This is your chance to rave about your product!
You can include most of your talking points on your dispensary’s website, including strain specifics like THC levels. Please remember to avoid promoting overconsumption and “promoting curative” or “therapeutic effects” on your business website.
[If you need help building or maintaining your business website, contact us here. We’d love to help.]
Know The Social Media Rules and Regulations Regarding Medical Marijuana Advertising
Each social media platform has its own rules regarding what you are able to advertise on their platform.
Facebook and Instagram
For Facebook and Instagram, (who are owned by the same company), “ads must not promote the sale or use of illegal, prescription, or recreational drugs.”
They go on to list examples such as “drug-related paraphernalia, such as bongs, rolling papers, and vaporized delivery devices” and then they proceed to depict a few illicit examples. As always, check their website for specifics.
Facebook and Instagram have similar rules about medical marijuana advertisement.
X, Formerly Known As Twitter
For Twitter, advertising of any “drug dispensaries” or “illegal drugs” is not allowed.
Note: X, formerly Twitter has permitted approved CBD topical advertisers to target the United States. Check their website for restrictions.
Be Prepared For Possible Legal Backlash If Tiptoeing Around Regulations
Since there aren’t many laws explicitly listed, be sure to look toward other states for judicial precedent and avoid taking a big risk on something that you aren’t sure about.
If you do take a big gamble, be prepared for possible legal backlash.
5 Tips To Stay Within Regulation When Advertising for Your Medical Marijuana Dispensary
Marketing With Your Ideal Audience in Mind
A creative marketing team can help you create content that targets your ideal audience while remaining within state regulations. The right marketing team will be able to generate content for your socials, or copy for your website’s landing page that conveys your brand’s message without violating state restrictions.
SEE OUR BLOG: 5 Times You’ll Want to Hire a Professional Photographer as a Small Business Owner
Keep Your Instagram Account Listed as a Personal Account
Instagram does not allow marijuana dispensaries to run business accounts at this time. When creating an Instagram, keep your account listed as a personal page to avoid it being flagged for removal.
Create a Website To Showcase Your Products
Use social media to direct traffic to your website where customers can learn more about your products. Make sure your website has fast load times and is user friendly. [Ask us how we can help with this!]
Create a FAQ Section or FAQ Page On Your Website
Creating a FAQ page on your business website is a great way to address frequently asked questions. This helps establish trust and allows you to give your clients valuable information that will make them more comfortable with their purchase or your product.
Use Stored Replies To Connect With Your Audience on Socials
Since advertising permissions on social media are limited, many dispensary owners report that they spend a lot of time answering questions on social media that could be avoided if they were able to place something such as a flower menu on their page.
Using a stored reply on Instagram could be the right move. You could store a reply that tells your customer. “Thank you for your question regarding the availability of our flower strains. Here is a direct link to our website where all of the details are included. If you have any further questions, I’d be glad to help.”
Ready To Step Up Your Digital Marketing Game And Take Some Pressure Off You And Your Team?
We can help. The professionals at Spivey Media are digital marketing wizards! We’ll help lighten the load by supporting your business in all aspects of digital marketing, providing relief to your busy in-house team and business manager.
Together, we can guarantee that your business stands out from the competition. Call or text us today and let’s talk about how!