Many of you have asked me about the intricacies of advertising cannabis and CBD products and the laws covering same. Please see a recent article authored by my Reed Smith colleagues Jason Gordon and Casey Perrino which touches on this complicated area. Feel free to reach out to either of them for a more in depth analysis of your particular situation.
Due to the patchwork of state and local legislation, and a federal prohibition on the recreational use of THC-based products, advertising in the cannabis industry is challenging. Social media platforms like Facebook, Snapchat, Instagram and Google do not allow cannabis-related advertising in the United States. Despite this, the market is flourishing and there is an opportunity for cannabis companies to get creative with their sale, distribution, advertising and promotional tactics.