Compliant Cannabis Marketing in New Jersey
New Jersey’s general advertising requirements and prohibitions make marketing a cannabis business very different from marketing other types of businesses. With that being said, you can still take advantage of great cannabis marketing strategies and effectively advertise your cannabis business or products while maintaining compliance.
Each state’s cannabis marketing regulations are unique, and some are more demanding than others. Regardless of what state you’re in, the most important component of cannabis marketing is compliance. Your business’ marketing needs to follow the state’s advertising rules to avoid the closure of your business and any potential legal implications. But it isn’t always so easy, especially when the rules can be confusing.
New Jersey has some of the most comprehensive advertising regulations in the country, as found in Section 17:30-17.2. This section lays out all of Jersey’s marketing regulations and rules that cannabis businesses need to follow.
However, we realize that reading regulations can be challenging (and boring), and you probably don’t want to spend more time skimming through even more regulations after working through the lengthy licensing process. So to make your life a little bit easier, this article breaks down the key features of Section 17:30-17.2.
Stick around to learn about all of the most important details so you can advertise your cannabis business without hesitation.
Overview of the Regulations
Before you get started on any marketing material, there are a bunch of advertising rules you’ll want to keep in mind; starting with your intended audience.
Age Requirements
Since you’re advertising a cannabis business your marketing will need to be targeted at individuals that are 21 years-of-age or older.
More specifically, you’ll need to be able to provide reliable evidence that 71.6% of the audience that will see your marketing and advertising is 21 or older. Reading that requirement probably raised a few red flags, and you might be wondering what types of places you’ll be able to advertise – but it’s easier than you think.
You’ll avoid trouble by only advertising your cannabis business or products in locations that are exclusively accessible to adults of legal age. This can include bars, clubs, casinos, and if you own a dispensary, inside of your own store.
You’ll also be able to advertise on websites that have an age gate. Age gate’s are age verification tools that you’ll find on websites intended for individuals over a certain age. Dispensary websites require age gates, making them a perfect place to advertise cannabis products.
Warnings Required for Marketing in the Cannabis Industry
Regardless of the locations you’re marketing your cannabis business, keep in mind that all marketing material will need to feature the following warning:
“This product contains cannabis. For use only by adults 21 years of age or older. Keep out of the reach of children. There may be health risks associated with the consumption of this product, including for women who are pregnant, breastfeeding, or planning on becoming pregnant. Do not drive a motor vehicle or operate heavy machinery while using this product.”
Additionally, you’ll need to disclose the fact that your advertisement is coming from a legal, licensed cannabis business in the state of New Jersey.
Visual Aspects & Cannabis Brand Marketing
Your cannabis marketing plan should not include any advertisements or material with visuals that would appeal to individuals under the age of 21. When you’re thinking about how to market your dispensary, products, or any other kind of cannabis business, avoid using any toys, characters, cartoon characters, or anything else that would catch the eye of someone under the legal consumption age.
If you’re planning on including an image of someone consuming cannabis, make sure they are obviously 21 years of age or older, but be sure not to promote rapid or over consumption in any way.
Like in any industry, your marketing should be genuine. Your visual content can’t be deceptive, false, or misleading. This means that your marijuana marketing shouldn’t include any bold claims that aren’t properly backed up by scientific evidence in the form of at least two well-controlled and valid studies.
On the topic of bold claims, be sure not to advertise things that are deceptive or potentially damaging to other brands. For example, you can’t advertise that your cannabis products are ‘safe’ since you have a New Jersey licensed facility. In this scenario, your products are regulated, but that doesn’t mean they are in all ways ‘safe’.
Similarly you can’t make claims that will negatively impact another cannabis business. This could include claims that single out other brands and claiming to have a better product, or spreading negative or misinformation about other cannabis brands or businesses.
Time Restrictions for Cannabis Advertisements
New Jersey has some pretty tight rules when it comes to when and where you can advertise your cannabis business. Any cannabis brand marketing and promotion on TV or the radio cannot be broadcasted between 6:00AM and 10:00PM. If you’re planning on broadcasting cannabis advertisements in Jersey, keep those times in mind, or advertise online instead.
There are no time restrictions for online marijuana marketing, making social media and websites some of the best outlets for marketing your cannabis business. Keep in mind that all other regulations still apply for cannabis advertisements that are being broadcasted on TV, radio, and shown online.
Location Requirements for Marijuana Marketing
If you’re thinking about creating any physical advertisements for your cannabis business, you’ll need to consider the locations they’ll be featured at. Once again, advertisements need to be expected to capture a viewership of at least 71.6% adults who are 21 or older.
Even though this will heavily limit the locations that you can advertise, Jersey also requires that no cannabis advertising is done where a charitable sports, musical, artistic, cultural, social, or other similar event takes place. The only way you’ll be able to advertise your cannabis business at a charity event is if you can reasonably predict that at least 80% of your audience will be 21 or older.
If you’re posting cannabis dispensary marketing material anywhere else that’s outside of your business’ location, make sure to check the proximity between where your advertisements are posted, and any nearby schools. This is important since Jersy’s regulations state that no marijuana related advertisements can be posted within 200 meters of any elementary school or secondary school.
Maneuvering Regulations with Online Marketing
Social media is one of the best platforms for cannabis dispensary marketing in New Jersey.
For starters, social media is extremely popular and it’s one of the primary sources people turn to for information. Since it’s so widely used, social media is a great place to share content and advertise your brand. It’s a great place to test out dispensary marketing ideas and grow your understanding of what cannabis brand marketing strategies work best for your business.
Additionally, there aren’t many barriers when it comes to what and when you can post on social media. You can be creative, and share content on a consistent basis. It’s also a great way to establish a communication channel with your customers and find out what resonates most with your audience.
But remember, you’re still operating a business that has a public outreach, which means you’ll need to uphold standards that won’t negatively influence your audience, or damage your brand. Here are some things you’ll want to do while marketing your cannabis business on social media:
Avoid Health Claims: Do not claim that products assist with sleep, pain relief, or other medical conditions.
Focus on Quality Content: Produce informative and engaging content rather than primarily sales-driven material.
Restrict Promotions: Avoid mentioning volume-based discounts or glamorizing cannabis use.
Adhere to Standards: Cannabis businesses are held to high standards because of their significant influence on consumer decisions and must follow unique platform rules. With all of that aside, social media platforms are a great way to spread awareness about your business and to generate a base of followers interested in your brand.
How to Market Your Dispensary: Dos and Don’ts
Dispensary marketing is one of the most important factors when it comes to driving sales and foot traffic to your store, so you’ll need to market effectively. While keeping in mind every other regulation we’ve covered throughout this article, here are some ‘dos and don’ts specifically for dispensary marketing.
Don’ts…
- Do not display any advertisements for cannabis and cannabis brands on the exterior of your storefront.
- You cannot have a commercial mascot outside of your dispensary, or in close proximity to your dispensary.
- All cannabis products in your store need to be out of view to anyone outside of the store.
- Dispensary owners cannot advertise the prices of the products being sold in their dispensary.
Dos…
- If you’re a dispensary owner, feel free to create and hand out a printed catalog of prices, products, strains, and other items featured in your store.
- Display products and prices on your website, or a third-party website.
- Sell or make available promotional items or gifts like T-shirts, or other novelty items.
Make sure you take all of these factors into consideration while coming up with your dispensary marketing ideas and developing your cannabis marketing plan!
Using a Cannabis Marketing Agency
That just about wraps up all the major points from New Jersey’s Section 17:30-17.2! If you’re opening a cannabis business, make sure you familiarize yourself with all of these regulations while coming up with your cannabis marketing strategies, and keep records! New Jersey requires that all cannabis business owners in the state hold on to info about your advertisements and marketing endeavors. Be sure to record: The expected audience, every publication, the locations of your advertisements, and any other important details!
Marketing in the cannabis industry definitely isn’t easy, especially in New Jersey. Failing to meet all regulatory requirements can have some hefty consequences, which could include losing your license. To be sure you’re making the most out of your marketing while maintaining staying compliant, work with a cannabis marketing agency.
Cannabis marketing agencies specialize in the cannabis industry, and they’re familiar with everything you can and can’t do. They also have strategies to generate great results that will elevate your brand, without going beyond the barriers set by regulators. If you’ve recently started a cannabis business, reach out to a cannabis marketing agency today to stay compliant and make the most out of your business.
FAQs
Q: Can I Advertise Cannabis in New Jersey?
A: You can advertise cannabis and engage in dispensary marketing in New Jersey as long as it follows all of the rules and regulations. A key consideration for cannabis dispensary marketing or any other marijuana marketing is the age of your reasonably expected audience. In New Jersey, marketing in the cannabis industry requires the ability to provide reliable evidence that 71.6% of the audience that will see your business’ marketing and advertising is 21 or older.
Q: Can I Post Cannabis on Social Media in New Jersey?
A: Yes! You can post cannabis on social media in New Jersey. Be sure your posts follow the regulations and don’t feature content that is making a bold health claim, promoting over consumption, attractive to children, or problematic and contradictory of New Jersey’s cannabis advertising regulations. Keep this in mind while coming up with dispensary marketing ideas and a cannabis marketing plan.
Q: How Can I Promote Cannabis in New Jersey?
A: There are a number of ways you can promote cannabis in New Jersey. If you are a cannabis business owner wondering how to market your dispensary, you can use most methods of promotion, as long as it fits within New Jersey’s regulations. Some of the best places to put cannabis brand marketing material are places where your audience is over the legal age of consumption (21). This can include bars, casinos, dispensaries, and other places that require an age of 21 or older. As a business owner, your cannabis marketing strategies should include social media.
