This text messaging may seem like a perfect opportunity for marijuana businesses but there is a huge catch: The Telephone Consumer Protection Act (TCPA). One of the few paths for marijuana businesses to advertise is through text marketing campaigns. Not only are marijuana businesses limited in how they can advertise, but also where they can advertise. The TCPA is complicated, so expect to see additional posts on this blog about how the TCPA is impacting the marijuana industry. The marijuana industry has been ravaged by TCPA claims lately, as outlined in this recent Green Entrepreneur article.
Advertising in the cannabis industry is incredibly challenging. Not only are marijuana businesses limited in how they can advertise, but also where they can advertise. Unlike most other commodities, marijuana businesses generally cannot pay for things like tv and radio ads because state laws generally restrict advertisements to individuals over the age of 21. How can a company ensure that a radio or TV advertisement is not going to be heard or seen by children? They cannot. In addition, networks have no interest in potentially advertising an illicit substance due to the potential for criminal liability (e.g., aiding and abetting, conspiracy).
Read the full article @ Cannabis Law Report