DCR reiterates online advertising guidelines for cannabis products

The Missouri Division of Cannabis Regulation (DCR) has issued new guidance on the compliant advertising of marijuana products through websites and mobile applications, reinforcing the need for cannabis businesses to follow specific rules designed to protect consumers and prevent appeals to minors.

While these rules have been in place since 2023, there have been no instances of enforcement or acknowledgement from DCR to this point.

In the guidance letter, DCR writes, “This guidance is intended to provide clarity to licensees regarding compliant advertising of marijuana product on websites or mobile applications.”

These rules specify that advertisements for marijuana products must avoid any content that could be attractive to children. The prohibition includes images that feature shapes resembling animals, fruit, or humans in a realistic, artistic, or cartoon-like form.

And while he language is not new, the sudden move to clarify and remind operators of these particular regulations could mean big changes ahead.

DCR’s guidance provides concrete examples of non-compliant advertisements, including:

• Product packaging that features fruit, which is then displayed on a licensee’s website.

• Social media posts that show a person holding a product package, potentially appealing to young audiences.

• Digital flyers sent via email that contain both a marijuana product and an animal caricature.

For cannabis operators in Missouri, understanding and adhering to these advertising guidelines is crucial for maintaining regulatory compliance.

While regulators have not previously enforced these policies there are hundreds if not thousands of examples across websites and social media for Missouri operators and each one could be considered an infraction.

Licensees should audit their websites, social media, email, and any engagement point or advertisement as defined in rule.