Strict Limits

A new law is reigning in advertising for cannabis producers, processors and sellers with a series of regulations aimed at staying in line with the Cole Memo (federal protections for state cannabis laws) and keeping cannabis away from kids. Senate Bill 5131, includes other regulations as well. The crackdown on advertising will likely have a big impact on producers, processors and retailers.

The bill was sponsored by Senator Ann Rivers. Rivers made a statement about her decision to pursue the regulations. “I was blown away by what I saw in Seattle,” Senator Rivers said. “There was an ad with a girl used in a sexually suggestive way, and I thought ‘oh my gosh, this could be a real Cole Memo violation.’”

“The new law gives the WSLCB authority to regulate any outdoor advertising of cannabis retailers, and it permits local governments to create outdoor advertising regulations that will add additional restrictions in addition to the state law.”

CULTURE reached out to Rivers about SB-5131 by email, and she responded promptly. “5131 represents the continued modification of our nascent marijuana industry in Washington State. It is very broad and seeks to address concerns from the industry and citizenry at large,” Rivers wrote.

These new regulations surrounding advertising are far-reaching, and they will have a big impact on any producer, processor or retailer who purchases either print or outdoor ad space. The new advertising guidelines, according to the Washington State Liquor and Cannabis Board (WSLCB) are as follows:

• Outdoor billboard advertisements can only be used purchased by retailers, not producers or processors.
• Billboards can only contain the retailer’s name, “nature of the business” and directions to the store.
• Besides retail billboards that follow the above guidelines, most other outdoor advertisements are banned.
• No advertising for cannabis on busses or other transit vehicles.
• Only two signs 1,600 square inches or smaller may be displayed at a storefront.
• Inflatable characters (like at car lots), sign spinners, people dressed in costume or holding signs, are no longer allowed under the new law.
• The new law gives the WSLCB authority to regulate any outdoor advertising of cannabis retailers, and it permits local governments to create outdoor advertising regulations that will add additional restrictions in addition to the state law.
• Logos and images on billboards may not contain objects or characters that are appealing to children or youth, including plants or products.
• All print advertisements must include a “21 and up” disclaimer.
• No cannabis producers, processors or retailers may advertise outside of Washington State.
• Cannabis advertising regulations need to be at least as strict as they are for tobacco products.

These regulations not only vastly restrict outdoor advertising for retailers, they also ban it altogether for producers and processors. While it will force some retailers to change course when it comes to their advertising methods and designs, hopefully it will help cannabis businesses avoid more serious issues with the federal government in the future. Additionally, if even one child or teen avoids being exposed to cannabis too early because of these regulations, then SB-3151 is doing its intended job.