SMS opt-in and consent for dispensaries

What counts as consent to receive texts?

• CTIA expects express written consent for marketing texts, given before the first one is sent.
• Adding an offer, such as a coupon code, can turn an informational text into a promotional one, which needs that higher level of consent.
• Consent covers the program and sender it was given for. It cannot be transferred, and rented, bought or shared lists should not be used.
• Signing up at the point of sale is one valid way to opt in.

What must the confirmation text say?

For a recurring program, CTIA says a confirmation goes out before any other message. It names the program, gives a way to get help, explains how to opt out, and says that messages recur, how often, and whether fees may apply. For sign-ups at a counter or on paper, the confirmation should follow as soon as reasonably possible.

How do keyword and QR code opt-ins work?

A keyword opt-in starts when the customer texts a word to your number; a QR code can open that text ready to send. Keywords should work whether they arrive as SMS or MMS. When consent is collected away from the phone, such as at the counter, T-Mobile recommends confirming it by text. Age-gate the sign-up with a date of birth, not a yes or no question.

What records should you keep?

CTIA recommends recording, for each opt-in, the time, how it was collected, the wording shown, the program and the phone number. CTIA’s short code handbook says to keep opt-in and opt-out records until at least six months after the person opts out.

How fast must you honor an opt-out?

Under the FCC’s rules, replies such as stop, quit, end, revoke, opt out, cancel or unsubscribe revoke consent, and so does any reply a reasonable person would read as a request to stop. Revocations must be honored within ten business days; that took effect on April 11, 2025. One confirmation text with no marketing is allowed after an opt-out. A September 2026 FCC order (FCC 26-67) lets senders name reply keywords as their exclusive opt-out method, once it takes effect.

Are there quiet hours for texts?

Federal rules bar telephone solicitations before 8am or after 9pm in the recipient’s local time, and that covers telemarketing texts. Some states set stricter hours.

When should you ask for consent again?

T-Mobile asks for reconfirmation when no first message is sent within 30 days of consent. For an old list or one with missing records, re-permission it before texting. For more practical tips, see cannabis SMS compliance tips.