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State by State Background
California

Cannabis Advertising State Regulations

Download the State By State Cannabis Ad Regulations Ebook

California State Advertising Regulations

California pioneered medical marijuana legalization in 1996, and its approval for adult-use cannabis came later, in 2017. Chapter 15 of Proposition 64, specifically sections 26150-26156, outlines the state's stringent cannabis advertising and marketing restrictions. A key distinction is California's requirement for all cannabis advertisements to include the business license number, which also applies to technology platforms hosting these ads.

The state enforces strict regulations to prevent recreational marijuana ads from targeting minors. All advertisements—whether broadcast, cable, radio, print, or digital—must be backed by reliable audience data showing that at least 71.6 percent of the viewers are 21 or older. Ads are prohibited from featuring anyone under 21 and must avoid imagery appealing to children, such as cartoons, child-friendly characters, or candy-like packaging. Promotions offering free cannabis products or accessories, including buy-one-get-one-free deals, free items with donations, and contests or raffles, are also banned.

Outdoor advertising, including billboards, must be affixed to permanent structures and comply with the Outdoor Advertising Act. For medical marijuana, advertisements promoting physician recommendations must include a notice about the Compassionate Use Act and the federal classification of cannabis as a Schedule I drug. All such ads must be clear, truthful, and free from misleading or fraudulent claims.

Discounts / Promotions:

Shall not use any images that are attractive to children, including, but not limited to:

(A) Cartoons;

(B) Any likeness to images, characters, or phrases that are popularly used to advertise to children;

(C) Any imitation of candy packaging or labeling; or

(D) The terms "candy" or "candies" or variants in spelling such as "kandy" or "kandeez."

Shall not advertise free cannabis goods or cannabis accessories. This includes promotions such as:

(A) Buy one product, get one product free;

(B) Free product with any donation; and

(C) Contests, sweepstakes, or raffles.

Creative Guidelines:

  • Prohibited Content: Avoid content appealing to minors, false claims, or suggesting therapeutic effects.
  • Health Warnings: Clearly display required health warnings in all ads. Medical cannabis must contain a label/ notice.
  • No Freebies: Do not advertise free cannabis products or accessories.
  • Digital Rules: Use age-gating for 21+ on websites; avoid location-based ads unless via opt-in apps.
  • Synopsis:

    Recreational Marijuana

    (a) Any advertising or marketing, as defined in Business and Professions Code section 26150, that is placed in broadcast, cable, radio, print, and digital communications:

    (1) Shall only be displayed after a licensee has obtained reliable up-to-date audience composition data demonstrating that at least 71.6 percent of the audience viewing the advertising or marketing is reasonably expected to be 21 years of age or older;

    (2) Shall not use any depictions or images of minors or anyone under 21 years of age;

    (3) Shall not use any images that are attractive to children, including, but not limited to:

    (A) Cartoons;

    (B) Any likeness to images, characters, or phrases that are popularly used to advertise to children;

    (C) Any imitation of candy packaging or labeling; or

    (D) The terms "candy" or "candies" or variants in spelling such as "kandy" or "kandeez."

    (4) Shall not advertise free cannabis goods or cannabis accessories. This includes promotions such as:

    (A) Buy one product, get one product free;

    (B) Free product with any donation; and

    (C) Contests, sweepstakes, or raffles.

    (b) In addition to the requirements for advertising and marketing in subsection (a), all outdoor signs, including billboards, shall:

    (1) Be affixed to a building or permanent structure; and

    (2) Comply with the provisions of the Outdoor Advertising Act, commencing with section 5200 of the Business and Professions Code, if applicable.

    Medical Marijuana

    (a) A person shall not distribute any form of advertising for physician recommendations for medical cannabis in California unless the advertisement bears the following notice to consumers:  

    NOTICE TO CONSUMERS: The Compassionate Use Act of 1996 ensures that seriously ill Californians have the right to obtain and use cannabis for medical purposes where medical use is deemed appropriate and has been recommended by a physician who has determined that the person’s health would benefit from the use of medical cannabis. Recommendations must come from an attending physician as defined in Section 11362.7 of the Health and Safety Code. Cannabis is a Schedule I drug according to the federal Controlled Substances Act. Activity related to cannabis use is subject to federal prosecution, regardless of the protections provided by state law. (b) Advertising for attending physician recommendations for medical cannabis shall meet all of the requirements in Section 651. Price advertising shall not be fraudulent, deceitful, or misleading, including statements or advertisements of bait, discounts, premiums, gifts, or statements of a similar nature.

    Disclaimer

    Please note that we are not legal professionals, and the information provided in this article should not be interpreted as legal advice. We strongly recommend consulting with legal counsel to ensure compliance with all applicable laws and regulations.