Text your customers within West Virginia’s cannabis advertising rules

West Virginia has a medical-only cannabis program

Retail licensing and advertising rules are enforced by the West Virginia Office of Medical Cannabis (Bureau for Public Health, West Virginia Department of Health). For billboards, social media and other channels, see our cannabis advertising rules beyond texting.

These West Virginia rules bear on texting customers

Every promotional message also needs Bureau approval before use, and dispensaries may not advertise medical cannabis as a promotional item, giveaway or coupon offer.

• Advertising is defined to include electronic messages that encourage a visit or purchase (W. Va. Code R. 64-109-2.4 (64CSR109)).
• Marketing directed to cell phones is allowed only through a mobile app installed by a device owner aged 21 or older (W. Va. Code R. 64-109-23.3.4 (64CSR109)).
• Mobile marketing must include a permanent, easy opt-out (W. Va. Code R. 64-109-23.3.4 (64CSR109)).
• All promotional, advertising and marketing materials need Bureau approval before use (W. Va. Code R. 64-109-23.5 (64CSR109)).
• Internet and media ads need evidence that no more than 30 percent of the audience is under 21 (W. Va. Code R. 64-109-23.3.2 (64CSR109)).
• Required warnings on print, broadcast and internet ads: "Do not operate a vehicle or machinery under the influence of this drug." and "Keep out of the reach of children." (W. Va. Code R. 64-109-23.2.2 (64CSR109)).
• No content that targets people under 21, such as cartoons, toys or images of minors (W. Va. Code R. 64-109-23.2.1.b (64CSR109)).
• Advertising must follow federal prescription drug advertising rules, which limits health and therapeutic claims (W. Va. Code R. 64-109-23.1 (64CSR109)).
• No advertising medical cannabis as a promotional item, giveaway or coupon program, and no free medical cannabis (W. Va. Code R. 64-112-7.5.1 and 7.5.2 (64CSR112)).

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

Work with Sticky Cards in West Virginia

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