Medical cannabis is a unique industry on many levels. Companies are subject to rules and restrictions unknown to most other industries. So much so that a friend recently asked me if cannabis companies are subject to marketing restrictions. In a word, yes. And the rules are pretty strict in some states.
It’s All Big Pharma Now
I grew up in western New York State in the 1970s. My memory of television back then is of 30-and 60-minute programs interspersed with commercials advertising everything from breakfast cereal to dish soap to the latest gadgets that were going to revolutionize how we did basic chores.
Today, things are completely different. Not only has traditional network television morphed from cable and satellite to streaming platforms, ads have also changed significantly. Today’s ad space is dominated by big pharma. Nearly every show I watch is littered with ads for all sorts of prescription drugs. But interestingly, there is not a single ad for medical cannabis is among them.
Not a Prescription Drug
Figuring out why we see little to no medical cannabis advertising begins with the knowledge that medical cannabis is not a prescription drug. It is one of two things: a plant or a healthcare product derived from that plant. For example, a patient may go to a medical cannabis pharmacy where he purchases either plant material or medical cannabis vapes.
The plant material is cannabis flower that will either be dry heated in a special vaporizer or added to the patient’s cooking. As for the vapes, they are liquids infused with THC – and possibly other cannabinoids and terpenes.
A lack of uniformity would prevent writing prescriptions even if doctors could do so. But it is not a problem because they can’t. Doctors can only recommend medical cannabis. Prescriptions aren’t allowed under federal law.
States Want to Maintain Control
The environment under which medical cannabis is dispensed presents multiple opportunities for state and federal law to conflict. As a result, states want to maintain maximum control within their borders. And that, dear readers, is why medical cannabis companies face such tight restrictions on their marketing.
Salt Lake City’s BeehiveMed says that Utah is especially strict with its marketing rules. The company, along with all the other cannabis companies in the state, cannot use certain terms on their websites, for example.
A medical cannabis pharmacy in Utah cannot use the word ‘dispensary’ anywhere on its site. It cannot use any words that directly or indirectly refer to recreational marijuana use. So that means terms like ‘weed’ and ‘joint’ are out. If a cannabis company wants to make any medical claims, they must back up such claims with links to verifiable research data.
Wary of Marketing to Children
The states are especially concerned about direct or indirect marketing to children. Whether lawmakers have embraced medical cannabis willingly or as the result of a voter proposition, they are steadfast in their commitment to not allow medical cannabis to get into young hands.
Punitive actions against cannabis companies violating marketing rules can be significant. Penalties can range from fines to loss of a company’s operating license. The truth is that states are not messing around. They are very strict about cannabis marketing.
If you have ever wondered why you never see medical cannabis ads despite big pharma dominating TV and streaming platforms, you now know why. Medical cannabis marketing is kept under tight wraps because states want it that way. Perhaps things will change in the future. Perhaps not. Personally, I’m tired of big pharma commercials. I would rather not add to their stream of marketing garbage.
