Text your customers within Delaware’s cannabis advertising rules

Delaware has an adult-use and medical cannabis program

Retail licensing and advertising rules are enforced by the Delaware Office of the Marijuana Commissioner. For billboards, social media and other channels, see our cannabis advertising rules beyond texting.

These Delaware rules bear on texting customers

Advertising must identify the responsible establishment, carry set health and safety statements, avoid health claims and content that appeals to minors, and retail stores may not offer marijuana free of charge, while discounts are allowed only if not tied to sales of non-marijuana products.

• 4 Del. Admin. Code 5001-10.1.3 prohibits advertising by internet, mobile application, social media or other electronic communication unless at least 85 percent of the audience is reasonably expected to be 21 or older based on reliable, current audience data.
• 4 Del. Admin. Code 5001-10.1.3.2 requires a marijuana website to verify that a user is at least 21 before showing content and before collecting the user's phone number, email address or contact information to send advertisements.
• 4 Del. Admin. Code 5001-10.1.3.2.3 states that a marijuana establishment cannot avoid these advertising requirements by hiring or contracting with a third party or by outsourcing advertisements that do not comply.
• 4 Del. Admin. Code 5001-10.2.1.5, 10.2.1.5.2 prohibits advertising through internet or app-based pop-ups and broadcast media unless subscribers are 21 or older or individuals 21 or older have solicited the advertising.
• 4 Del. Admin. Code 5001-10.1.1 requires all advertisements and marketing materials to identify the organizations or establishments responsible for them.
• 4 Del. Admin. Code 5001-10.1.2 requires advertisements viewable by the public to include specified health and safety statements, including an adults 21 and older statement and an FDA statement.
• 4 Del. Admin. Code 5001-10.2.1.1, 10.2.1.2, 10.2.1.10 prohibits advertising that is deceptive or misleading, uses symbols commonly used to market to minors, or contains health or physical benefit claims.
• 4 Del. Admin. Code 5001-10.4.1, 10.4.2, 10.4.4 prohibits retail marijuana stores from offering marijuana free of charge and allows discounts only if not made in conjunction with the sale of non-marijuana products; these limits do not apply to deals for medical card holders.
• The medical marijuana code permits compassion center online advertising and marketing subject to the limits in the Delaware Medical Marijuana Act (16 Del. Admin. Code 4470-7.1.1.8).

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 Delaware’s rules apply to your program stays with you and your counsel.

Work with Sticky Cards in Delaware

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