As one of the newest states to enter the medical cannabis market, Kentucky presents unique opportunities for cannabis businesses. With the issuance of the first cannabis business licenses less than a month ago, many companies are eager to build their brands, advertise, and market their services. However, navigating Kentucky’s cannabis advertising laws can be challenging due to their stringent nature.
To make it easier for businesses, we’ve broken down the main points of the advertising and marketing regulations for medical cannabis in Kentucky, using straightforward language without the legal jargon.
Key Points of Kentucky’s Cannabis Advertising and Marketing Laws
- Restrictions on Advertising Channels
- No General Advertising: Cannabis businesses cannot advertise medicinal cannabis sales through print, broadcast, online, or any paid in-person solicitation, except for specific allowances.
- Permitted Advertising Channels:
- Signs on the business property to identify the establishment.
- Listings in business directories and trade or medical publications.
- Sponsorships for health, charity, or advocacy events.
- Informational websites and social media, with specific guidelines.
- Limitations on Facility Signage
- Cultivators, Processors, and Producers: These entities cannot display signage, logos, or any external identifying characteristics that indicate medicinal cannabis activities within the facility.
- Truthfulness and Transparency
- No Deceptive Practices: All advertising, whether through signs, listings, or other materials, must be honest and not misleading in any way.
Websites and Social Media Presence
Cannabis businesses in Kentucky are allowed to maintain informational websites and social media accounts under the following conditions:
- Permitted Content:
- Business and service descriptions.
- Listings of medicinal cannabis products and prices.
- Educational materials and product information.
- Certificates of analysis from safety compliance facilities.
- Requirements:
- Must provide the state with an updated list of all websites and social media accounts and ensure the state can access them.
- Content must not target individuals under 18 and must avoid imagery or references associated with minors.
- Must display the statements “Medicinal cannabis is for use by cardholders only” and “Keep out of reach of children.”
- Access controls should be in place to ensure only individuals 18 years or older can view content.
Prohibited Content
- Targeting Minors: Content should not include images of minors, cartoons, or any items typically marketed to children.
- Illegal Activities: Marketing materials must not encourage the transportation of medicinal cannabis across state lines or other illegal activities.
- Depiction of Consumption: Consumption depictions are not allowed unless they have an educational purpose.
Objectionable Content Removal
- The Kentucky Cabinet for Health and Family Services holds the authority to order the removal of any non-compliant advertising. Businesses will be notified in writing and given a reasonable timeframe to comply.
Advertising to Other Cannabis Businesses
- Cannabis businesses can market directly to other licensed cannabis entities, promoting services, products, and educational content.
- Safety compliance facilities may only advertise their testing services to other cannabis businesses.
Conclusions On Kentucky Cannabis Advertising Laws
Navigating the complexities of Kentucky cannabis marketing laws requires expertise and experience. At BV, we specialize in creating compliant, creative, and effective marketing and advertising campaigns for cannabis businesses.
From cannabis SEO-driven web design to strategic digital marketing, our Kentucky cannabis marketing agency will help your brand stand out while adhering to strict regulations. Whether you’re just starting or looking to revamp your marketing strategy, BV is here to support your journey.
Need help with your cannabis marketing in Kentucky? Contact us to learn how BV can help build your brand and stay compliant with state laws.
