Twitter became the first major social media platform to allow cannabis ads in the U.S.

by Mindy Abern

Twitter now expressly allows cannabis advertising.  This, of course, makes it the first major social media platform to do so.  Twitter updated its ad policy to permit approved cannabis brands to target advertisements in the United States, subject to the following list of restrictions:

  • Advertisers must be licensed by the appropriate authorities, and pre-authorized by Twitter.

  • Advertisers may only target jurisdictions where they are licensed to promote these products or services online.

  • Advertisers may not promote or offer the sale of Cannabis

    • There is an exception for ads for topical (non-ingestible) hemp-derived CBD topical products containing equal to or less than the 0.3% THC government-set threshold.       

  • Advertisers must comply with all applicable laws, rules, regulations, and advertising guidelines.

  • Advertisers may not target customers under 21.

Cannabis advertisements that are permitted and comply with the limitations above must lead to landing pages that (1) are age gated and (2) have age verification for sales.  They must not:

  • Appeal to minors or use characters, athletes, celebrities, or imagery that appeal to minors

  • Use minors or pregnant women as models

  • Make claims of efficacy or tout health benefits

  • Contain false or misleading content

  • Depict cannabis being used

  • Depict people under the influence

  • Encourage transport of product across state lines

This may present some conflict with federal law, which prohibits advertising the sale of Schedule I narcotics, including advertising on the internet.  However, it appears that the intent of Twitter’s new policy is to track the federal law exception which says advertisements that, “merely advocate the use of a controlled substance or include pricing information without attempting to facilitate an actual transaction involving a controlled substance” are excluded from the definition of an “advertisement”.  The new policy is consistent with most state laws that allow digital advertising of cannabis.

Originally published by InfoLawGroup LLP. If you would like to receive regular emails from us, in which we share updates and our take on current legal news, please subscribe to InfoLawGroup’s Insights HERE.

Mindy AbernCannabis, twitter, social media, adlaw, Marketing Law