Text your customers within California’s cannabis advertising rules

California has an adult-use and medical cannabis program

Retail licensing and advertising rules are enforced by the California Department of Cannabis Control. For billboards, social media and other channels, see our cannabis advertising rules beyond texting.

These California rules bear on texting customers

Digital advertising must also carry the license number, reach an audience at least 71.6 percent 21 or older, avoid content attractive to children and untrue health claims, and must not advertise free cannabis goods, contests or raffles.

• Cal. Code Regs. tit. 4, 15041(a) requires age affirmation confirming the recipient is 21 or older before any advertising or marketing that involves direct, individualized communication or dialogue.
• Cal. Code Regs. tit. 4, 15041(b) states that direct, individualized communication can occur through any form of communication, including electronic.
• Cal. Code Regs. tit. 4, 15041(c) says a new age check is not needed for a communication when the licensee can verify the recipient already went through age affirmation and is reasonably certain only that recipient will receive it.
• Cal. Code Regs. tit. 4, 15041(d) requires age affirmation before a potential customer is added to a mailing list, subscribes, or otherwise consents to receive direct communication from a licensee.
• Cal. Code Regs. tit. 4, 15040(a)(1); Bus. & Prof. Code 26151(b) allows advertising in broadcast, cable, radio, print and digital communications only after the licensee has data showing at least 71.6 percent of the audience is reasonably expected to be 21 or older.
• Bus. & Prof. Code 26151(a)(1) requires all advertisements and marketing to identify the responsible licensee by at least its license number.
• Cal. Code Regs. tit. 4, 15040(a)(4) prohibits advertising free cannabis goods or accessories, including buy one get one free offers and contests, sweepstakes or raffles.
• Bus. & Prof. Code 26153(a); Cal. Code Regs. tit. 4, 15040.2 prohibits a licensee from giving away cannabis, cannabis products or cannabis accessories as part of a business promotion.
• Bus. & Prof. Code 26152(e), (f) prohibits advertising or marketing that is attractive to children or intended to encourage people under 21 to consume cannabis.
• Bus. & Prof. Code 26154; 26151(d) prohibits advertising with untrue or misleading health-related statements and requires advertising to be truthful and substantiated.

Start with consent, your store name and an opt-out line

• Text only people who opted in, and keep the record of when and how they did. Our guide to SMS opt-in and consent for dispensaries covers what to record.
• Put your store name first and an opt-out line on every text.
• Keep product details, prices and offers on an age-gated page rather than in the text, and check the wording against our list of banned words in cannabis texts.

Sticky SMS, by Sticky Cards, the loyalty and marketing platform for cannabis dispensaries, files your 10DLC registration with The Campaign Registry, with no charge for the number or the registration, and most stores are live in 1 to 2 days. How California’s rules apply to your program stays with you and your counsel.

Work with Sticky Cards in California

• Run a dispensary, CBD or vape shop in California? Book a demo to see Sticky SMS.
• Run a texting agency in California? Sticky Cards is looking for expert texting partner agencies in California. Email support@stickycards.co to talk about working together.