The Blunt Reality of Cannabis Advertising: State-by-State Restrictions & the TCPA

Ohio State Legal Studies Research Paper No. 651

Drug Enforcement and Policy Center, No. 32, August 2021

15 Pages Posted: 10 Sep 2021

See all articles by Elle Gerwig

Elle Gerwig

Ohio State University (OSU), Michael E. Moritz College of Law, Students

Date Written: September 7, 2021

Abstract

In today’s world, individuals are surrounded by marketing and advertisements. The alcohol and tobacco industries have long faced advertising restrictions, and now cannabis businesses are beginning to see similar restrictions. Unlike other industries, cannabis is still illegal under federal law which creates confusing restrictions for companies who are located in states where medical or adult-use cannabis is legal. This split in ideology between the federal and state governments, along with the confusing state regulations written more for policymakers than industry workers, has set a crash course for cannabis. This paper will examine several marketing areas where the cannabis industry is currently facing strict regulations, such as billboards, social media, and text messaging, as well as the public policy aspects that have influenced the rules on cannabis advertisements. The paper also focuses on the Telephone Consumer Protection Act (TCPA) and the current rise of class actions associated with text-message marketing in the cannabis industry. The primary goal of this article is to discuss the current regulations for cannabis advertising and why these regulations are hurting the growing cannabis industry.

Keywords: TCPA, Cannabis, Marijuana, Advertising, Marketing, Restrictions, Social Media

Suggested Citation

Gerwig, Elle, The Blunt Reality of Cannabis Advertising: State-by-State Restrictions & the TCPA (September 7, 2021). Ohio State Legal Studies Research Paper No. 651, Drug Enforcement and Policy Center, No. 32, August 2021, Available at SSRN: https://ssrn.com/abstract=3918972 or http://dx.doi.org/10.2139/ssrn.3918972

Elle Gerwig (Contact Author)

Ohio State University (OSU), Michael E. Moritz College of Law, Students ( email )

55 West 12th Avenue
Columbus, OH 43210
United States

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