Text your customers within Kentucky’s cannabis advertising rules

Kentucky has a medical-only cannabis program

Retail licensing and advertising rules are enforced by the Kentucky Office of Medical Cannabis, Cabinet for Health and Family Services. For billboards, social media and other channels, see our cannabis advertising rules beyond texting.

These Kentucky rules bear on texting customers

Dispensaries may use coupons, loyalty programs and discounts that do not influence use beyond practitioner recommendations, and online content must not target people under 18, must show two required statements and must use age screening.

• 915 KAR 1:001, Section 1(2) defines advertising as paid visual, oral, written or electronic communication meant to induce someone to patronize a cannabis business or buy medicinal cannabis.
• 915 KAR 1:090, Section 1(1) prohibits cannabis businesses from advertising medicinal cannabis sales in print, broadcast, online or by other advertising devices, except for listed activities such as signs, directory listings and an informational website and social media presence.
• 915 KAR 1:070, Section 5(5) allows dispensaries to use inducements, including coupons, loyalty programs and discounts, provided they do not influence use of medicinal cannabis outside practitioner recommendations or statutory amounts.
• A cannabis business website or social media presence may list products, prices and the inducements allowed under the dispensary regulation (915 KAR 1:090, Section 2(1)(b)).
• Website and social media content must not target individuals under 18, including through images of minors, cartoons or toys (915 KAR 1:090, Section 2(4)(b)).
• Websites and social media presences must conspicuously display two required statements (915 KAR 1:090, Section 2(5)).
• A cannabis business with a website or social media presence must use appropriate measures to confirm that people accessing the content are 18 or older (915 KAR 1:090, Section 2(6)).
• 915 KAR 1:090, Section 1(3) prohibits deceptive, false or misleading statements in any advertising, listing or informational material.

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

Work with Sticky Cards in Kentucky

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