Do
a search for cannabis-related articles and thousands will come up in the
results. And with good reason: Recent years have seen the legalization of it in
10 states now, with 33 states allowing marijuana for medical use. This has
given way to countless articles written about the burgeoning legal industry and
startups offering cannabis and CBD products.
Billions
of investment and consumer dollars are flowing into the legalized cannabis
space. Last year, legal cannabis was a $10.4 billion industry in the U.S.,
employing a quarter of a million people, according to New Frontier Data, a
cannabis market research firm. According to a report from the Associated Press
citing New Frontier Data, “Investors poured
$10 billion into cannabis in North America in 2018, twice what was invested in
the last three years combined… and the combined North American market is
expected to reach more than $16 billion in 2019.”
But
for all the explosive growth of this new and legal market, the advertising part
of the equation has not kept pace. The largest digital platforms don’t allow
cannabis ads. Cannabis articles may appear on many publishers’ sites, but few
allow advertising of these products. The fact is that cannabis is still a
Schedule I drug in federal law, and the Controlled Substances Act of 1970
prohibits advertising and selling of such products. State laws vary widely,
causing many with ad space to sell to err on the side of safety.
It’s
no surprise, then, that many of the publishers reached for this article just
don’t allow cannabis advertising, particularly in national publications. One
major publisher with a number of popular titles said that it doesn’t accept
cannabis advertising. Though it does accept ads for topical cannabidiol (CBD)
oil products to the extent allowed by law.
Publishers leery of cannabis ads
Meredith
Corp. said that it doesn’t accept any marijuana or cannabis-related products
(including Marijuana-based THC, Cannabinol
[CBN] or CBD products) or any other
product that’s illegal under U.S. law. One exception the company now allows is
Epidiolex, which contains CBD and has been approved by the FDA to treat
childhood epilepsy and can be legally advertised for such use under federal
law.
Meredith
said it also now accepts industrial hemp-related products, including Hemp-based
CBD or CBN products, with THC content of 0.3 percent or lower. Hemp products of
this sort were previously illegal under the Controlled Substances Act. However,
they were made legal under the 2018 Federal Farm Bill, enacted in December
2018.
There’s
more leeway on the local publication front. Local newspapers and publications
in states where cannabis is legal for recreational use may have an easier time
accepting ads, depending in state law. The Seattle Times, for example, accepts
cannabis advertising.
“Cannabis
advertisements are reviewed by our staff to ensure they meet our general
advertising creative and copy policies. There are Washington State rules for
this category of advertising, and we comply with those requirements,” said Gary
Smith, VP of advertising at the Seattle Times. “While there are complexities
around accepting this type of advertising, it has been a growing part of our
overall client mix. And we’ve had very few customer complaints associated with
the inclusion of this ad content in our products.”
Is the duopoly doing it?
Publishers
need not worry that they’re losing out on cannabis ad dollars to Google and
Facebook. Both have shied away from allowing cannabis ads. Google’s policies state
that ads promoting products that alter mental state for recreational use,
including “legal highs,” are prohibited.
Facebook
similarly prohibits such ads, though the company reportedly formed a group to
“examine its approach to cannabis,” which suggests that it could be moving
towards a more permissive stance. In the meantime, state legal cannabis
businesses are allowed to create verified business pages on Facebook, and
appear in search results (they were previously blocked from search),” according
to Bloomberg Law.
Varying
state laws are a hurdle for brands that want to market cannabis products in
multiple states where it’s legal. And given that that Google and Facebook don’t
allow cannabis ads, and that many publishers shy away from them, Cannabis
brands often rely on outdoor advertising and sometimes even events.
The brand perspective
Jason
Deland, co-founder and chairman of cannabis brand Dosist and founding partner
at ad agency Anomaly (which handles advertising for Dosist), said that their
media strategy has largely prioritized outdoor advertising for creating
awareness. Zoned areas that allow for outdoor cannabis advertising in
California have helped Dosist build its brand, as has its retail location on
Abbot-Kinney Blvd. in Los Angeles’ Venice Beach.
Dosist
has also had event partnerships with Barry’s Bootcamp, with messaging focused
on sleep and the health benefits of cannabis. The company also has advertised
with Cannabis-friendly publications like High Times. As for social media,
Deland says that Dosist creates organic content on its own pages.
Other
brands have tried to circumvent the social media ban on cannabis ads by using
influencers to promote their products or promoting prices on their own social
accounts. However, that can have its own set of headaches
and influencers can sometimes have murky return on investment.
For
now, it seems like unless there is a change to the categorization of cannabis
at the federal level, most companies with ad space to sell won’t allow cannabis
advertising anytime soon. There are the rare exceptions of course, as noted
above with Epidiolex, and more of those may come in the future as
pharmaceutical companies look to get more cannabis-related drugs approved.
Others are hopeful that with the recent allowance of industrial hemp products
to be advertised – thanks to last year’s Farm Bill – that the federal
government will ease up eventually on cannabis, but only time will tell.
About
the Author
Maureen
Morrison is a writer and consultant, working with agencies, startups,
publishers and brands on editorial and communications strategies. She
previously was a reporter and editor, and spent 12 years at Ad Age covering
agencies, digital media, and marketers.