Text your customers within New Mexico’s cannabis advertising rules

New Mexico has an adult-use and medical cannabis program

Retail licensing and advertising rules are enforced by the New Mexico Regulation and Licensing Department, Cannabis Control Division. For billboards, social media and other channels, see our cannabis advertising rules beyond texting.

These New Mexico rules bear on texting customers

Ads also must not make unproven health claims, appeal to minors or promote overconsumption, and the rule does not separately address texts, discounts or giveaways.

• Print and digital ads only where at least 70% of the audience is reasonably expected to be 21 or older (16.8.3.8(A)(2) NMAC).
• Licensee must hand over audience composition data on request or pull the ad (16.8.3.8(A)(2) NMAC).
• Every ad must include "Please Consume Responsibly" plus five listed warnings (21+ only, keep from children, not FDA approved, do not drive, health risks) (16.8.3.8(A)(3) NMAC).
• Ads must identify every licensee responsible for them (16.8.3.8(A)(1) NMAC).
• Broadcast and internet pop-up ads are barred unless subscribers are 21 or older or adults 21 or older asked to receive them (16.8.3.8(B)(1) NMAC).
• The Division allows warning icons in place of the five written warnings, under the "Please Consume Responsibly" statement (NM Cannabis Control Division, Advisory Update on Advertising Standards (May 11, 2023)).
• No unproven health benefit claims (16.8.3.8(B)(3) NMAC).
• No symbols, images or celebrities commonly used to market to minors, and no predatory marketing targeting minors (16.8.3.8(B)(5) and (6) NMAC).
• Ads must not promote overconsumption or show cannabis being consumed (16.8.3.8(B)(8) and (9) NMAC).

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

Work with Sticky Cards in New Mexico

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