Since states across the country first began legalizing cannabis, the ability for cannabis-related businesses to advertise on social media — or even mention or show cannabis products — has remained a contentious issue. 

Many platforms will quickly remove cannabis business accounts once they catch wind of their content, leaving professionals with limited access to their audience and ultimately having to jump through hurdles like self-censorship to maintain their accounts. Some have also questioned if the consistent censorship surrounding cannabis and other drug content may lead to gaps in education or information encouraging harm reduction.

Despite these concerns, there remains a prevailing push to ensure children are not exposed to cannabis marketing and that reform as a whole does not encourage use among people under the legal age.

Colorado is currently caught in the middle of this push and pull, as lawmakers are working to advance legislation that would force social media platforms to ban users for talking positively about, promoting or advertising cannabis and cannabis products online, along with other regulated drugs and substances.

Colorado’s Polarizing Content-Regulation Bill

The bill, SB24-158, is currently facing criticism from multiple angles. 

The legislation was recently amended to include language saying that “a social media platform may allow a user to promote, sell, or advertise medical marijuana or retail marijuana to users who are at least twenty-one years of age,” so long as the content is in compliance with state cannabis laws, Marijuana Moment reports. 

Members of the Senate Committee on Business, Labor and Technology ultimately approved the amended bill unanimously, advancing it to the Appropriations Committee.

Still, some critics argue that the revised legislation does not adequately address concerns around other substances, like psilocybin — which Colorado voters decriminalized and legalized for therapeutic use in 2022 — alongside hemp-derived products or over-the-counter cough syrups.

As it stands currently, the bill would restrict promotion of hemp-derived products with more than 1.25 mg of THC or a CBD-to-THC ratio of less than 20:1. Most other hemp-containing products meant for human consumption that are not a dietary supplement, food, food additive or herb would also be restricted.

R Street Institute’s Shoshana Weismann called out some of the issues in the bill’s initial language, stating that it has some “potentially disastrous quirks.” Speaking with Marijuana Moment, Weismann referenced that the updated bill would prevent social media users from promoting substances like Nyquil or anti-anxiety medications.

“And if you promote those medications, you will be reported to law enforcement,” Weismann told the publication via email. “That is asinine.”

Social Media Age Verification, Data Considerations

So what about the cannabis exemption for those over 21? Does allowing companies to advertise specifically to those of legal age act as a proper workaround?

The bill states that social media companies must “use a commercially reasonable process to verify each user’s age” and “retain any information obtained for age verification purposes only for the purpose of compliance and for no other purpose and to dispose of such information securely after age verification is complete.”

In a recent blog post, Weismann notes that this process is not only expensive for businesses but also would require Colorado social media users to upload sensitive information to any given social media site they use. 

“Although the bill requires platforms to dispose of this information once a user’s age is verified, the rule does not apply to third-party verifiers — rendering enforcement against them nearly impossible. Further, it doesn’t stop nefarious actors who would seek to hack such valuable information,” Weismann writes. 

The bill mandates companies to retain “any data and metadata concerning users’ identities and activities” for one year, and Weismann argues that this only makes data more enticing and accessible for hackers. 

Noting the potential First Amendment and free speech violations of the bill, Weismann also references the bill’s language prohibiting social media companies from alerting users “to the fact that a law enforcement agency is investigating the user’s activity and account,” arguing that this violates Fourth Amendment principles.

“This means that if someone is unaware the government is investigating them due to what is, in effect, a legislatively mandated gag order, they cannot fight government actions or exercise their rights,” Weismann states. “While these orders may be necessary in certain cases, it shouldn’t be an across-the-board call.”

Unanswered Questions and Uncertain Outcomes

There are a number of other potential scenarios the legislation could affect that lawmakers must still answer to. 

For example, it’s still unclear as to whether a medical patient posting about their cannabis use to social media would be banned under the legislation. Even someone posting that an over-the-counter cough syrup helped them to feel better, or Colorado Gov. Jared Polis’ (D) recent touting of the state’s emerging psychedelic industry as a positive and beneficial move, could potentially be banned under the language of the bill. 

The bill’s sponsor, Sen. Chris Hansen (D) told Marijuana Moment last month that he was “working on answers” to these questions.

Should the legislation pass, social media companies would need to update their policies and publicly post them on or before July 1, 2025. Companies would also need to submit annual reports to the state attorney general to confirm “whether the current version of the published policies contain definitions and provisions relating to illicit substances.”

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New York Governor Kathy Hochul on Wednesday called on social media companies and popular websites including Google and Yelp to stop running listings for unlicensed cannabis retailers. At a press conference, the governor appeared with licensed dispensary owners, who face stiff competition from the multitude of unlicensed weed retailers in New York City, to call attention to the situation.

“If you type in ‘cannabis dispensaries’ in Google Maps or Yelp, you’ll get a long list of unlicensed illegal vendors,” Hochul said at the press conference on Wednesday.

New York legalized recreational marijuana in 2021, with the state’s first licensed adult-use cannabis retailer opening in the waning days of 2022. But the pace of opening licensed pot retailers in New York has been slow, with regulators citing the complexity of the application and approval process and difficulties securing and renovating appropriate storefronts as some of the causes for the delay. To date, less than 70 licensed weed shops have opened statewide.

The pace of opening newly licensed shops was also hindered by several court cases challenging the state’s process for awarding the first licenses for pot retailers, which were reserved for individuals with prior convictions for marijuana-related offenses. Several injunctions have stalled the awarding of new licenses, although recent settlements have resulted in the opening of 50 additional licensed weed retailers since December, including at least 30 new shops this week.

Efforts To Shutter Unlicensed Weed Shops Unsuccessful

Meanwhile, the number of unlicensed retailers in New York, particularly the Big Apple, has exploded. Estimates by city officials place the number of unlicensed pot shops in New York City at at least 1,300, perhaps as many as 2,000. There are more than 400 such retailers in Manhattan alone, according to a report from The New York Times.

At the press conference on Wednesday, Hochul said that unlicensed shops are a public health risk and a threat to the state’s efforts to create opportunities in the regulated cannabis industry for those harmed by decades of marijuana prohibition. The governor also acknowledged that efforts to close down the unlicensed shops with raids and fines have been too limited and so far have been unsuccessful.

“More and more cash keeps going in their doors and not the doors of our legitimate operators — and that’s what needs to change,” Hochul said.

Hochul has a proposal pending before state lawmakers that would make it easier for the state Office of Cannabis Management to obtain orders to padlock unlicensed cannabis businesses. The orders would also be enforceable by local agencies with more personnel available to execute them. 

While the proliferation of unlicensed pot retailers in New York continues, Hochul on Wednesday asked social media and tech companies “to not be posting the sites that are illegal and ensure that they’re posting the legal shops.”

The sheer number of unlicensed cannabis shops appearing on websites and social media makes reaching new customers difficult for licensed operators, who face restrictions on how they can promote their businesses. Osbert Orduña has two licensed cannabis shops, one in the New York City borough of Queens and the other in New Jersey. 

Orduña said that Google Maps has repeatedly removed listings for his shops. He has not run into any trouble with Yelp, although he said he agrees with Hochul and would like to see the website delist unlicensed retailers.

“Four times, Google has taken us down off of their platform for ‘violating their terms of service.’ We’ve done nothing other than have our store hours and our basic business information listed,” he said.

Tech Companies React

In a statement, consumer reviews website Yelp said that “consumers have a First Amendment right to read and write about all businesses, even if unlicensed,” according to a report from the Associated Press.

“Allowing users to contribute and see information … about unlicensed businesses serves the public interest and provides a resource for regulators to determine whether any particular business has appropriate licenses,” the statement read.

Meta, the owner of Facebook and Instagram, has previously said in a statement that its social media sites “prohibit content in both ads and organic pages that promotes the buying and selling of drugs including marijuana,” ABC 7 New York reported on Wednesday.

Google also responded to Hochul’s call to eliminate listings for unlicensed cannabis retailers, saying the company bans weed ads in New York and would remove listings for unlicensed shops once they have been closed by regulators.

“If we can confirm that a business has closed for any reason – including license issues – we’ll reflect that it’s closed in the listing,” the statement reads. “We also prohibit cannabis ads in New York and remove them upon detection, often before they ever run.”

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Snoop Dogg is once again stirring up a grand debate due to his unapologetic and unwavering love of the herb—no matter who’s around. There’s absolutely nothing atypical of Snoop smoking a blunt in the studio, but people are concerned that his grandkids were in the room. 

Snoop Dogg posted an Instagram video on Wednesday, Feb. 21 smoking a blunt in a recording studio, but it outraged some commenters because two of his granddaughters were in the room as he smoked.

HipHopDX first reported the incident that led to the comments section going wild. It sparked up a huge debate: Should parents—and grandparents, for that matter—be allowed to smoke in the presence of a child? And how close is too close?

“The West Coast rap legend posted a clip on Instagram on Wednesday of himself in a recording studio surrounded by his granddaughters as he smoked a blunt,” HipHopDX reports. “The video was widely condemned in the comments section, with Snoop being criticized for smoking the drug around infant children.”

The video was widely condemned in the comments section, with Snoop being criticized for smoking the drug around infant children. Parenting and cannabis is always a controversial topic.

“Nobody and I do mean NOBODY smoking around my babies,” one commenter wrote. Another wrote, “Like Seriously … Is there a blunt in his hand in front of the grand babies? Come man, damn.”

“Burning with the kids????” another commenter asked.

But other commenters said it’s better than smoking tobacco in front of kids, or in a car. “Y’all talkin bout smokin weed around kids??” one commenter posted in response. “Half of u smokin Marlboro with the soccer kids in the back of the minivan.”

Snoop Dogg and Controversy Over Smoking

Last November, Snoop Dogg announced that he’s quitting “smoking” in a post that went viral, but it turned out to be a hugely successful stunt.

But after all that, some X users pointed out some unusual details, and it turns out that the “smoke” Snoop was actually giving up was smoke stoves, and he’s behind the Solo Stove, the “world’s most popular smokeless fire pit.” Solo Stove shareholders were not amused, for not producing revenue, however, and it allegedly led to a CEO change.

Snoop pissed off Piers Morgan and drew the wrath of English soccer fans over a pro-weed meme in 2019. He faced online backlash for a social media post designed to highlight the disparate dangers between cannabis and alcohol. Pot advocates have long touted that cannabis is safer than booze and other drugs, of course, but Snoop ran afoul by using a legendary but troubled former English soccer player to illustrate that comparison.

The meme he posted showed four photos: two of Snoop and two of Paul Gascogine, a decorated soccer player who starred for the England national team and clubs like Newcastle United and Tottenham Hotspur in the 1980s and 1990s. 

The two photos of Gascogine, placed under a caption that read “Alcohol Abuse,” show him at age 20 and 47 with clear signs of physical deterioration evident. Under the caption “Marijuana Abuse,” the pair of photos of Snoop at the same two ages with no major differences in his appearance. 

Gascoigne’s life has been equally turbulent off the field. He entered therapy in the late 1990s, while still a player, to treat his alcoholism—the first of several stints in treatment. He has struggled to maintain his sobriety since then. 

Wiz Khalifa Agrees That Kids Know

Wiz Khalifa, a frequent collaborator with Snoop, isn’t exactly hiding the fact that he’s smoking weed, in a similar fashion.

On the podcast Call Her Daddy last January, Wiz Khalifa explained that he’s chill with going to the parent-teacher conference stoned. Since smoking weed is an all-day, every day activity for the rapper, the host asked Wiz specifically if he is stoned during parent-teacher conferences.

“Hell yeah, I’m pulling up stoned. They expect it,” Wiz told Call Her Daddy host Alex Cooper. “They know what’s up. It’s not like back in the day, where you’re considered a bad parent if you smell like weed.”

Wiz explained that he’d rather have his son see his true self, and that he’s not pretending to be anyone else. “They’re not going to get a fake version of me or this made-up parent that society makes you think that you’re supposed to be. I am who I am, and it’s not because I’m a celebrity or anything.”

But hiding who he really is, just to adhere to what others expect a parent is supposed to be like? “That’s not how I’m going to be living my life ever. Hell no,” Wiz said.

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Meta Platforms Inc., aka Mark Zuckerberg’s tech giant behind social media giants like Facebook and Instagram, has chosen to ignore advice from its ethics watchdog regarding how the platform manages posts connected to psychedelics.

The drama dates back to a 2022 “paid partner” post that promoted a ketamine treatment as a “medicine” and a “magical entry into another dimension,” Bloomberg reports. The post yo-yoed on the platform, like a law implemented, then overturned, then reinstated, depending on which party is in the White House. 

Ketamine, discovered in 1956 and approved in 1970, is a dissociative anesthetic with psychedelic traits. It first became famous in battlefield settings like Vietnam for its ability to maintain stable blood flow, gaining a reputation as a safer anesthetic than opioids and being listed on the World Health Organization’s List of Essential Medicines. Besides being an alternative to opiates, recent studies highlight its potential for treating depression, PTSD, and other mental health conditions, making it the only legal psychedelic medicine at the federal level. While it can certainly help transform someone’s life, the drama boils down to whether it’s a good idea to promote it as a medicine that could provide a magical entry into another dimension. Is that just a nice way to describe a medically induced k-hole, or is it irresponsible for IG to allow it to be posted?

Fast forward to August of 2023, and Meta’s Oversight Board didn’t just overturn Meta’s decision to keep the post alive, but also used it as a jumping off point for more sweeping recommendations. The board expressed concerns over what they termed “inconsistently enforced” guidelines about the selling or promoting of substances that sit in the gray areas of legal medicine and recreational fun, such as ketamine, which doctors prescribe off-label for depression and other mental health conditions.  

However, despite members of the psychedelics community believing that Meta is far too strict, censoring content, they responded to the board’s recommendation with resistance. While they agreed to the board’s suggestions regarding clarifying “paid partnerships,” they chose to ignore the stricter guidance on users posting about ketamine and other psychedelic medicines.

Regarding the audit that the board’s been championing, Meta used the tried-and-tried technique of procrastination. They responded that they would “assess the feasibility” in 2024, responding that their current “machine-learning automation” already does a good job at flagging potentially dangerous content in violation with their boundaries.

Meta’s surprising but welcome (for the psychedelics community) decision came after input from about 15 different parties, including Mindbloom, the telehealth company that prescribes ketamine at-home. Mindbloom has been lobbying for Meta to chill and allow posts containing psychedelic content. But the board isn’t happy.

“The board is concerned about inconsistent enforcement of Meta’s policies with regards to pharmaceutical and non-medical drugs,” Dan Chaison, an Oversight Board spokesperson, said in an email, writes Bloomberg. “It stands by its recommendation that Meta should clarify the policy language around content that admits to using or promoting pharmaceutical drugs. The board will closely monitor Meta’s progress toward the recommendations from this case.”

The standing policy permits content that “admits to using or promotes the use of pharmaceutical drugs,” even if it might induce a “high,” provided it’s framed within a “supervised medical setting.” The board emphasized the need for Meta to be clearer about what this setting entails.

In the past, the Oversight Board, funded by Meta, has tackled topics such as COVID-19 misinformation. But Meta isn’t bound to follow its recommendations, and perhaps felt that sharing information, even magical, about ketamine, is different than allowing people to promote faux remedies for a potentially fatal illness such as COVID-19. Companies such as Mindbloom would have lost out on opportunities to promote their mail-order ketamine services. Michael Petegorsky, Mindbloom’s General Counsel, expressed, “This decision is a big win for people who use ketamine therapy and other psychedelic medicines.” He believes it paves the way for individuals to “speak freely about these emerging mental-health treatments using their own words, and without revealing private health information.

However, playing devil’s advocate, as the research behind ketamine’s use for depression is still rolling in, there are those who would make the case that posts calling ketamine magical for depression, which is also a deadly disease, is also irresponsible. Ketamine’s side effects vary based on factors like dosage and how it’s taken. Generally speaking, users might experience feelings of being out of their body, dizziness, altered perceptions, and euphoria (which is usually welcome). Nausea and vomiting are among the most reported negative side effects. While overdosing on ketamine is rare, people must be careful to avoid activities like driving post-intake. Notable, excessive consumption can lead to bladder, urinary, and kidney issues. Responsible providers will share all of this information with patients before they begin treatment, but as it exists in a legal gray area, and considering that not all medical providers have their patient’s best interest at heart, deciding how and where ketamine should be promoted as a treatment for depression and other mental health conditions is sure to be a continued hot topic not just for Meta, but for the psychedelic community. 

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Social media is the double-edged sword of cannabis marketing. Here are five ways to slice through the noise.

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According to an interview on April 5 with WeedTube Co-founder Arend Richard, creating cannabis video content is Chrissy Harless’s livelihood. “It is my [sole] income. It is my business. HarlessMediaGroupLLC. It is… the way that my husband is now at home working with us. How we are able to spend more time with our kids and have happier lives,” Harless said. “[YouTube is] able to promote gambling on ads, pharmaceuticals on ads, alcohol. YouTube [is] able to accept the money from their advertisers to promote it in ads. These are all regulated industries as well, but a content creator isn’t allowed to do the same? I don’t even glorify it. I don’t over consume. I’m very educational.” Harless’s usual content consisted of reviews and unboxing videos for various cannabis-related products.

With the deletion of her channel, Harless estimates that not only her family will be affected, but also the many brands she frequently worked with. “Small businesses. Almost every single one of them is a small business. An Etsy shop or a mom-and-pop kinda situation. It’s a diverse group of small businesses just trying to share something safe.” Harless believes that the account termination may have been caused by linking to these companies and products, but she received no official explanation from YouTube.

Her Instagram account was also banned recently, but after a month of action, she was at least able to regain ownership of it. When asked why she keeps trying, she replied that it’s just what she enjoys doing. “Because I have a passion for it, and I love it,” she explained. “It’s benefited my life and helped me find happiness in my life. And I know that other people will benefit from this. I know that other people do benefit from it.”

Harless mentioned that she’ll be moving to operate on WeedTube going forward. “I wish that a lot more people would rely on The WeedTube! For their views, for their content consumption of cannabis in general,” Harless said. “Because it is truly the only safe platform that you can share and not be concerned. And everyone on there is still responsible about it. [YouTube] making this a point is showing that there’s still so much of a stigma. Like they just assume that cannabis is dangerous. It’s not. [YouTube and Google] don’t understand how safe this [cannabis] is.”

According to Richard, it’s the perfect platform to find an unlimited amount of cannabis video content. “What I can say for sure, is that WeedTube will always remain open to the cannabis community to post their content freely,” Richard concluded. “We were founded by deleted creators, for deleted creators. We never stopped serving that purpose, and we look forward to bringing the cannabis community even more functionality to combat all the censoring social media today.”

The trend of YouTube account termination for cannabis content began to ramp up four years ago in 2018. At the time, accounts owners reported receiving three strikes before an account was officially deleted (although the time frame of when the account would officially be deleted seemed to vary). In Harless’s case, she received no strikes at all prior to the account termination (although she does mention a strike that she received about two years ago).

WeedTube began a campaign to bring attention to cannabis censorship on Instagram in March, including a petition that requests Instagram leadership to “join a roundtable discussion with experts in the cannabis industry to update their policies and regulations around legal cannabis content to provide fair and equal opportunity to our rapidly growing industry.”

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If Twitter embraces legal weed—and succeeds—the company could force Instagram, Facebook, and others to follow.

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La comunidad latina es una parte fundamental en el éxito de la industria del cannabis. Aquí hay algunas marcas de cannabis latina que brillan en 2022.

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The Latinx community is a critical part of the cannabis industry’s ultimate success. Here are some Latinx cannabis brands that shine in 2022.

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A new study with a modest sampling pool found that cannabis retail companies are not adhering to state restrictions on social media, and are targeting teens.

The study was published in the Journal of Studies on Alcohol and Drugs recently and online on January 19, and found that many recreational cannabis companies market their products in a way that appeals to children and teens, “flouting state regulations.” A press release was released the following day.

The study, “A Content Analysis of Cannabis Company Adherence to Marketing Requirements in Four States,” provided an analysis of social media posts from cannabis companies in a handful of legal states. 

A team of researchers evaluated one year of publicly displayed posts on Facebook and Instagram by retail cannabis companies in four states—Alaska, Colorado, Oregon and Washington—and evaluated if companies adhered to restrictions on social media. 

Researchers looked for content that goes against restrictions, including branded promotions or discounts, modeling overconsumption, youth-focused messaging and health benefits. They also took a look at various state requirements.

They checked to see if companies displayed required warnings, including stating that cannabis is limited to people ages 21 and older, avoiding impaired driving and listing health risks.

But in the study, only 14 businesses were evaluated. Researchers evaluated 2,660 posts from those 14 businesses, to be exact. 

“I had expected that cannabis companies were unlikely to fully adhere to existing guidelines,” said lead author Megan Moreno, M.D., M.S.Ed., M.P.H., division chief of general pediatrics and adolescent medicine at the University of Wisconsin-Madison. “Some cannabis companies generated dozens of social media posts per day, and there is no current system in place to monitor or enforce these regulations. However, it was surprising to see how the presence of guidelines made a difference between states.”

What the Findings Show

Discounts or promotions were found in approximately 35 percent of the posts, researchers said. “Overconsumption” was found in 12 percent percent of all posts. Content containing warnings, “despite being required,” researchers said, were evident in less than half of all posts.

The researchers noted that Washington State, for example, prohibits displaying branded products, such as T-shirts with a company logo. But they found that about one percent of the posts on social media from Washington state cannabis companies ignored this restriction.

The research team did admit that “in states without this regulation, these types of posts appeared between five and 10 times more frequently. So while regulation did not guarantee compliance, it seemed to have an impact on how often companies shared content that may or may not be restricted.”

“As a pediatrician, I know that marketing and advertisements have a strong influence on kids and teens,” said Moreno. “Previous studies have shown how alcohol and tobacco companies’ marketing is associated with youth using these products.”

She continued, “Parents should talk with their kids about how cannabis companies seek to influence them by using youth-friendly approaches, like using cartoon characters and memes.”

The study was picked up by FOX23 News and ABC10 in New York at the time of writing.

Both Facebook and Instagram fall under the Meta umbrella, and we can’t help but wonder if studies such as this impact Meta policy. “I don’t think the results of this study have any impact on Meta censoring cannabis brands because they justify their actions by saying cannabis is federally illegal in the U.S. and therefore not allowed anywhere in the world, even in countries where it’s federally legal, like Canada,” ADCANN CEO Cody Hicks told High Times. ADCANN provides cannabis marketing tools, such as how to restore an Instagram account if it’s been disabled because of cannabis.

We Have Questions

If legal cannabis companies are targeting teens, it doesn’t appear to be working. A separate, broad study published in the JAMA Pediatrics—using data from national and state Youth Risk Behavior Surveys from 1993 to 2017, researchers from Montana State University, University of Oregon, University of Colorado–Denver and San Diego State University—examined states that had legalized medical and adult use cannabis and the likelihood of teen use (during the past 30 days).

The study analyzed data from 27 states and the District of Columbia, and seven states where adult use of cannabis is legal, during a 25-year time period. Adult-use cannabis laws were associated with a eight percent decrease in the likelihood of teens trying cannabis, as well as a nine percent reduction in the odds of frequent cannabis use, the study found. They found medical cannabis laws had no significant effect on teen cannabis use.

Usually, headlines about children and cannabis tend to pop up around Halloween, yearly. Bias focused on the harm (or benefits) of cannabis abounds in both clinical and nonclinical cannabis-related research.

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