Washington State Advertising Regulations
Washington state’s medical and recreational regulations require that all advertising for marijuana businesses or marijuana products, regardless of what medium is used, must contain text stating that marijuana products may be purchased or possessed only by persons twenty-one years of age or older.
Examples of language that conforms to this requirement include, but are not limited to:
"21+," "for use by persons 21 and over only," etc.
Outdoor advertising is prohibited on signs and placards in arenas, stadiums, shopping malls, fairs that receive state allocations, farmers markets, and video game arcades, whether any of the foregoing are open air or enclosed, but not including any such sign or placard located at an adult only facility.
All marijuana advertising and labels of useable marijuana, marijuana concentrates, and marijuana infused products sold in the state of Washington must not contain any statement, or illustration that represents the use of marijuana has curative or therapeutic effects.
No outdoor advertising signs, including billboards, may contain depictions of marijuana plants or marijuana products. Logos or artwork that do not contain depictions of marijuana plants or marijuana products as defined in this section are permissible.
All marijuana advertising and labels of useable marijuana, marijuana concentrates, and marijuana infused products sold in the state of Washington must not contain any statement, or illustration that is false or misleading.
All marijuana advertising and labels of useable marijuana, marijuana concentrates, and marijuana infused products sold in the state of Washington must not contain any statement, or illustration that promotes overconsumption.
Double-sided signs or signs with text visible on opposite sides are permissible and count as a single sign so long as the sign is contained in or affixed to a single structure.
No marijuana licensee may use or employ a commercial mascot outside of, and in proximity to a licensed marijuana business.
Washington state’s medical and recreational cannabis digital advertising provisions are listed below
No marijuana licensee shall place or maintain, or cause to be placed or maintained, an advertisement of a marijuana business or marijuana product, including marijuana concentrates, useable marijuana, or marijuana-infused product: In any form or through any medium whatsoever within one thousand feet of the perimeter of a school grounds, playground, recreation center or facility, child care center, public park, library, or a game arcade admission to which it is not restricted to persons aged twenty- one years or older unless the one thousand minimum distance requirement has been reduced by ordinance in the local jurisdiction where the licensed retailer is located and the licensed retailer is located within one thousand feet of a restricted location listed in this paragraph.
Except for the use of billboards as authorized under RCW 69.50.369 and as provided in this section, licensed marijuana retailers may not display any outdoor signage other than two separate signs identifying the retail outlet by the licensee's business name or trade name, stating the location of the business, and identifying the nature. Both signs must be affixed to a building or permanent structure and each sign is limited to sixteen hundred square inches.
Other provisions related to digital advertising
No marijuana licensee shall place or maintain, or cause to be placed or maintained, an advertisement of a marijuana business or marijuana product, including marijuana concentrates, useable marijuana, or marijuana infused product: On or in a private vehicle, public transit vehicle, public transit shelter, bus stop, taxi stand, transportation waiting area, train station, airport, or any similar transit related location.
Promotional items such as giveaways, coupons, and distribution of branded or unbranded merchandise are banned. For the purposes of this section, a "giveaway" does not include representative samples of products (edible products and topicals only) carried by a licensed retailer that are not infused with marijuana and are offered to customers on licensed marijuana retail premises for sampling purposes only.
The restrictions in this section and RCW 69.50.369 do not apply to outdoor advertisements at the site of an event to be held at an adult only facility that is placed at such site during the period the facility or enclosed area constitutes an adult only facility, but must not be placed there more than fourteen days before the event, and that does not advertise any marijuana product other than by using a brand name, such as the business or trade name or the product brand, to identify the event. Advertising at adult only facilities must not be visible from outside the adult only facility.
Marijuana retail licensees holding a medical marijuana endorsement may donate product to qualifying patients or designated providers who hold a valid recognition card. Retail licensees may not advertise "free" or "donated" product.
A marijuana licensee may not engage in advertising or marketing that specifically targets persons residing out of the state of Washington.
Except for outdoor advertising under subsection (2) of this section, all advertising must contain the following warnings that must be in type size at least ten percent of the largest type used in the advertisement:
(a) "This product has intoxicating effects and may be habit forming.” ;
(b) "Marijuana can impair concentration, coordination and judgment. Do not operate a vehicle or machinery under the influence of this drug." ;
(c) "There may be health risks associated with consumption of this product."; and
(d) "For use only by adults twenty one and older. Keep out of the reach of children."
All text on outdoor signs, including billboards, is limited to text that identifies the retail outlet by the licensee's business or trade name, states the location of the business, and identifies the type or nature of the business.
All marijuana advertising and labels of useable marijuana, marijuana concentrates, and marijuana infused products sold in the state of Washington must not contain any statement, or illustration that Depicts a child or other person under legal age to consume marijuana or includes:
(A) the use of objects, such as toys, inflatables, movie characters, cartoon characters suggesting the presence of a child, or any other depiction or image designed in any manner to be likely to be appealing to youth or especially appealing to children or other persons under legal age to consume marijuana; or
(B) Is designed in any manner that would be especially appealing to children or other persons under twenty-one years of age.