As Colorado moves forward with groundbreaking legislation allowing the therapeutic use of psychedelics and natural medicines, businesses entering this industry must be aware of the specific psychedelic marketing laws in Colorado.
These regulations are designed to promote responsible advertising, prevent misuse, and respect cultural heritage while ensuring the safety of participants. This article provides an overview of the psychedelic advertising laws in Colorado to help businesses stay compliant as they market their natural medicine products and services.
At BV, we specialize in providing strategic marketing, advertising, and branding services for the emerging psychedelic and natural medicine industry. Our team understands the unique regulatory environment in Colorado and is equipped to help psychedelic businesses build an impactful and compliant brand presence.
Overview of Colorado’s Psychedelic Marketing and Advertising Laws
Colorado’s regulatory framework for psychedelic marketing and advertising has established guidelines that ensure safe and responsible communication with the public.
Here’s a breakdown of the primary regulations that govern psilocybin marketing laws in Colorado and natural medicine advertising laws in Colorado (in accordance with 1 CCR 213-1-3505) :
1. No Deceptive, False, or Misleading Statements
Colorado requires that all marketing communications from psychedelic businesses be accurate and truthful.
Psychedelic advertising laws in Colorado prohibit any statements that are deceptive, misleading, or false. This applies to all forms of communication, including product descriptions, signage, and materials given to participants. Businesses must be cautious with their claims and avoid exaggerations.
2. Protection of Cultural Heritage
A core element of Colorado psychedelic advertising laws is to prevent the exploitation of federally recognized American tribes, indigenous people, and their cultures.
Marketing materials must not misappropriate or exploit the cultural heritage or identities of these communities. This rule is part of Colorado’s commitment to ethical marketing that respects and preserves the integrity of indigenous cultures associated with natural medicine.
3. No Safety Claims Based on Testing
Under Colorado’s psilocybin advertising laws, businesses cannot claim that a psychedelic or natural medicine product is safe simply because it has undergone testing.
While testing is essential for compliance, making unqualified safety claims can be misleading and is strictly prohibited. This reinforces the idea that consumers should use these products responsibly and with informed consent.
4. Restriction on Marketing to Minors
Colorado’s psilocybin marketing laws prohibit any marketing that may appeal to individuals under the age of 21. This includes avoiding images of minors, cartoons, toys, and any references that may attract a younger audience.
Businesses must ensure that their branding and advertising materials are solely intended for an adult audience, complying with the state’s focus on responsible promotion.
5. Audience Composition Requirements
Psychedelic advertising regulations in Colorado require that at least 73.6% of the audience for any advertising be reasonably expected to be over 21 years old.
To comply, businesses need to maintain audience composition data to verify that their marketing efforts are reaching an appropriately aged demographic. This data must be provided to regulatory authorities if requested, ensuring that psychedelic and natural medicine services are promoted responsibly.
6. Advertising Only to Eligible Participants
Natural medicine marketing laws in Colorado mandate that marketing efforts be directed exclusively at individuals who are legally eligible to obtain natural medicine services.
Businesses are prohibited from promoting the sale or transfer of regulated natural medicines in exchange for compensation.
7. Outdoor Marketing and Signage
Before any outdoor marketing can take place, psychedelic businesses must submit audience composition data and ensure compliance with local advertising restrictions.
While outdoor marketing is permissible, businesses must adhere to both state and local regulations, which prioritize responsible advertising practices.
Why Choose BV for Your Psychedelic Marketing and Branding Needs?
As Colorado opens up this new era of regulated psychedelics and natural medicine, businesses in this space will need a strategic partner who understands the complexities of psychedelic marketing laws in Colorado. BV is the premier marketing, advertising, and branding agency specializing in the cannabis, psychedelics, and natural medicine industries.
Here’s how we can support your journey:
- Compliance-Driven Marketing Strategies: We ensure that all marketing efforts are in line with Colorado’s stringent regulations, so your brand can grow without risk.
- Respectful and Authentic Branding: Our team is dedicated to creating ethical branding that respects cultural heritage while conveying your business’s mission and values.
- Targeted Audience Engagement: With our expertise in psilocybin SEO and content marketing, we help psychedelic businesses reach the right audience while maintaining a responsible approach to marketing.
- Data-Driven Campaigns: We work with you to collect and analyze audience composition data, helping you meet the psychedelic advertising regulations in Colorado and avoid any compliance issues.
Stay Updated on Colorado’s Psychedelic Marketing and Advertising Laws
The regulations around psilocybin advertising laws in Colorado and natural medicine marketing laws in Colorado may evolve as the industry grows. Here at BV, we’re committed to keeping our clients informed of any changes to ensure ongoing compliance.
As new developments emerge, we’ll continuously update this page with the latest requirements and best practices.
Contact BV today to learn how our psychedelic marketing agency can help your psychedelic business create a compliant, impactful, and ethical marketing strategy that aligns with Colorado’s unique regulations. Whether you’re launching a new product or expanding your brand, our team is here to guide you through the process.