State regulators continue crackdown on cannabis marketing geared toward children

April 16, 2025

California cannabis officials believe their efforts at curtailing advertising and labeling of cannabis products directed at children are working.

An indoor cannabis farm in Gardena photographed Aug. 15, 2019. (AP Photo/Richard Vogel, File)

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California cannabis regulators reported more citations were issued in the first few months of this year than all of 2024 when it comes to product labeling and advertising geared toward children.

In the months leading up to April, California Department of Cannabis Control reported five citations were issued. In 2024, the agency handed out two citations, along with 13 notices of compliance on potential violations.

Although the number of citations is not even in the double digits, fines on citations can range from $5,000 to $30,000.

Problems that start with complaints may also lead to recalls. State agency officials have noted they are also fielding more complaints about marketing violations.

The state’s Medical and Adult Use Cannabis Regulation and Safety Act (MAUCRSA) was established in January 2017 after voters passed Proposition 64, which legalized adult use statewide.

The regulations set product safety standards for medicinal use and for adult recreational use.

In recent years, attention has been paid to advertising and packaging that reflect cartoonish designs, names and characters that appeal to children.

In 2023, Gov. Gavin Newsom vetoed Assembly Bill 1207, banning cannabis companies from using animals, fruits or vegetables, or fictional humans in marketing materials. But the cannabis industry argued such an overhaul would have crippling economic impact.

That same year, the governor signed Senate Bill 540, which mandated cannabis products come with health warnings. As a result, retailers must display a brochure on the health warnings.

“If what you’re hearing is accurate — that there’s an uptick in consumer complaints regarding alleged youth marketing violations — I’d venture to say the brochure may be having its intended effect by increasing consumer education and awareness,” said Amy O’Gorman Jenkins, a state cannabis lobbyist who’s the newly-installed executive director of the California Cannabis Operators Association.

Jim Keddy, executive director of Youth Forward, a Sacramento-based youth safety advocacy group, said he’s noticed less marketing to children on billboards, which he considered a major problem a year ago.

“Packaging is still a problem, with an increase in intoxicating hemp products that are unregulated,” Keddy said. “But we agree the department is doing more enforcement in general. It used to be the wild West.”

“If they’re trying to prioritize enforcement and protect kids, I’m way more worried about the hemp side of things — and the illicit trade,“ said Tiffany Devitt, government and regulatory affairs chief for CannaCraft, a producer in Santa Rosa. California banned hemp in the state, removing it from legal cannabis industry regulatory restraints.

On April 10, the governor’s office reported $316 million in illicit cannabis seized by the United Cannabis Enforcement Task Force so far this year. It confiscated $534 million in illicit cannabis last year.