For cannabis businesses operating in Delaware, the state has implemented a detailed set of advertising regulations that are critical to follow. These rules are designed to protect public safety, ensure compliance, and avoid advertising to minors.
In this article, we’ll break down the most important aspects of Delaware’s cannabis advertising laws to help you navigate the restrictions and stay compliant while effectively promoting your cannabis business.
Key Takeaways from Delaware’s Cannabis Advertising Laws
Delaware’s cannabis advertising regulations are comprehensive, covering everything from content restrictions to audience requirements. Here’s a summary of what you need to know:
1. General Advertising Requirements
All cannabis advertisements and marketing materials in Delaware must clearly and legibly identify the business responsible for the advertisement. This means every ad you produce should include your business name and ensure that viewers know the source of the content.
Additionally, all cannabis-related advertisements viewable by the public must include important health and safety warnings, such as:
- Keep marijuana products out of reach of children.
- Marijuana ingestion by children can cause severe illness and hospitalization.
- There are health risks associated with marijuana use, especially for individuals under 25, pregnant or breastfeeding women, and those using prescription medications.
Moreover, every advertisement must include the disclaimer that the product has not been evaluated by the FDA and is not intended to treat, cure, or prevent any disease.
2. Restrictions on Audience
Cannabis businesses in Delaware cannot advertise to a general audience unless 85% of the audience is reasonably expected to be at least 21 years old. This applies to ads on television, radio, internet, mobile applications, social media, and print publications.
To comply with this regulation, cannabis businesses must be able to provide audience composition data to Delaware’s Commissioner upon request. If the data does not meet the 85% age threshold, or if the company cannot provide the data, the advertisement must be removed.
3. Online and Website Advertising
Delaware’s cannabis advertising laws also cover website requirements:
- Every cannabis-related website must employ a neutral age-verification mechanism that confirms users are at least 21 years old before accessing content or providing contact information.
- Websites catering to medical patients under 21 must provide alternative age-screening mechanisms appropriate for minors.
If you’re advertising on social media, it’s mandatory to include a notification that viewers must be at least 21 years old to view the content.
4. Advertising Prohibitions
Delaware has strict prohibitions on cannabis advertising content to prevent targeting minors and misleading consumers. Cannabis ads in the state cannot:
- Use neon colors, cartoons, or symbols that appeal to children.
- Resemble or imitate branded consumer products commonly associated with children.
- Depict celebrities or their likeness.
- Make health or physical benefit claims.
- Promote the overconsumption of marijuana products or depict actual consumption in the ad.
- Be displayed on the side of a building or in any other highly visible public location (with limited exceptions for on-premises signage).
These prohibitions ensure that advertising does not mislead consumers or appeal to minors, which is a critical compliance requirement for any cannabis business in Delaware.
5. Branding and Promotions
While branding is not subject to the same stringent advertising restrictions, it’s important to note that branding cannot appeal to minors. This includes avoiding the use of neon colors, cartoon-like fonts, or celebrity likenesses.
When it comes to promotions, Delaware cannabis businesses cannot offer marijuana or marijuana products for free, nor can they discount products in conjunction with the sale of non-marijuana items. Any discounts must comply with the state’s advertising regulations and cannot promote irresponsible use or violate other marketing guidelines.
Navigating Delaware’s Cannabis Advertising Regulations with BV
For cannabis businesses in Delaware, compliance with advertising regulations can be a complex task. Missteps can lead to penalties, fines, and harm to your business’s reputation. At BV, we specialize in helping cannabis businesses navigate state-specific regulations while developing compliant and effective marketing strategies that drive growth.
Our services include:
- Cannabis SEO: We help you reach the right audience through our Delaware cannabis SEO strategies that are fully compliant with Delaware’s advertising laws. Learn more about our cannabis SEO services.
- Cannabis Website Design: Ensure your website meets all regulatory requirements with our expert web design services. Explore our cannabis website design services.
- Compliance-Driven Advertising: From audience targeting to age-gated websites, we help you stay within the law while reaching your marketing goals.
- Proven Case Studies: See how we’ve helped other cannabis companies achieve success in highly regulated markets. Read our cannabis case studies.
Conclusion
Delaware’s cannabis advertising regulations are strict, but with the right guidance, you can still successfully market your cannabis business. Compliance with these laws not only protects your business from penalties but also builds trust with your audience by promoting responsible use.
Our Delaware cannabis marketing agency is here to help you grow your cannabis business while staying compliant with Delaware’s unique regulatory environment. Contact us today to learn more about how we can support your advertising and marketing efforts.
