It’s an interesting time in the weed world. The federal government is slow-dancing a signal fest that weed is acceptable and welcome to the fold. Nothing has really changed except perceived sentiment, but things will change and things have changed. For one, who we have relationships with in the industry today is not the same as yesterday, and tomorrow we have no idea except a guess. 

There is still a lingering holdover that still looks at the current state of cannabis the same way Kurt Cobain would look at a Nirvana song in a Hyundai commercial. Unfortunately the nostalgia-laden still have to eat and ultimately will take to YouTube or Instagram to sell some product under their brand. Some just bailed and grow for themselves working an impersonal day job to pay the bills. Some already made their money and can kick back and judge the scene from a balcony window. Anybody still playing the game is still fostering new and old relationships.

Creating Relationships

It’s a bit easier to create new relationships these days and at the same time harder to maintain them. People’s perceptions of you and your story change day to day based on surface level interpretations of who you are and what you are doing online, not necessarily in real life. This plays into how a brand sells and how much attention they can gather for a drop. This type of success can come and go with the wind. The handful of brands that have maintained success regardless of social media image have been tirelessly listening to their customers more so than what people are commenting on. Persevering through the online ups and downs, remaining visibly unaffected by whatever turd is being thrown your way and still getting to the work day with the intention of improving every part of the consumer experience is what defines the success of the less-than-half-a-dozen proprietors that have been continually winning. Winning can be reduced to profitability or in this market just keeping your business alive. 

Another characteristic of the brands that are fostering success is how they collaborate with other smaller brands, elevating their brand by elevating another. This type of move reinforces the roots of where they came from by honoring the draft class of younger, smaller brands that have less visibility. This has worked more times than not and if things go sideways, the winning brands handle the drama offline. Any time the drama between these types of collabs enters the public online space it takes a piece of the larger brand back, regardless of the attention or engagement gathered. As much as the old adage “no press is bad press” is still a thing, a brand’s favor with consumers now more than ever can disappear into a wash of irrelevance if the narrative online paints them unfavorably. At some point the consumer gets tired of the story and that burnout point approaches fast as the world grows smaller the more it becomes interconnected. 

What really stands out are the brands that continue to sit just above the line of obscurity, gathering engagement and conversation when needed, while creating a consistent product. As they grow, their brand name becomes more common and organically becomes a fixture in the space for as along as they can maintain it or until there is some legal duress that throws the trajectory for a loop. There are two brands at the moment that come to mind that are facing this sort of situation. There are also those types of brands that are designed to edge lord the entire business crossing into sub culture conversations that touch cannabis. Selling cannabis along side the open legs of porn stars or other types of lurid hooks. At some point these hooks lose their allure and the brands will either continue to push the limit or rebrand into the mainstream. That didn’t work out too well for Vice media, but that’s another conversation. The extreme marketing can work on creating virality and hype but maintaining that success when the focus is on how you are selling instead of what you are really selling—which is weed, in case we forgot—can go sideways real fast.

Calculating Costs

So with all this in mind, I am trying to do something with my brand that will try and meet a few of these worlds while reaching what matters most, consumer value. Looking at the retail numbers, at least in California, cost seems to be the number one thing consumers value the most. Which is a bit disheartening although understood when ruminating on the egregious taxes bestowed on the consumer shopping in the California retail cannabis market. There are suggested prices for top shelf product that are displayed along with the eternal sale price of $35-$40 for an 1/8th. What we would like to be paid compared to what people will pay for is a rub, especially when looking at the prices of some products in fancy unregulated packaging on telegram. As much as growers market how they grow it matters less to the consumer if there is a close to equivalent product for ten dollars less. Also if you come out with a listed product at $35-40 an 1/8th you’ve screwed yourself into what is called the retail dead zone. You can discount a product to that price but for your sake don’t come in at that price thinking you’ll be able to match the consumer perceived value of a discounted established brand. Consumers like to feel like they are getting a deal on that jar or bag. Also after taxes they end up paying the $55-60 but the delta goes to the state, the silent and suffocating partner of every legal cannabis company. 

Consumers also value a cannabinoid analysis more than the actual product. Which is extremely frustrating and everyone has been yapping about how this is a terrible value metric for good while, and yet it’s barely moved the needle. What has moved the needle is the lack of testing in the black market and how those buyers care more about aroma, look, and packaging more than a test. That is a gift from the black market that is helping the rest of us when it comes to selections made based off THC numbers. I’m going to try and push against this with the selections I’m making but I can’t pretend that I don’t exhale easier when a test comes back over 25%. It still matters, and even more in the smaller market states. A smart approach when you are selling your brand to consumers is to weave in the dialogue how much more value there is in your product than just one number. 

The Consumer Is Your Mirror

So let’s say you’ve got some heat and fresh packaging and you’re ready to start selling to retail locations. If you haven’t started developing relationships ahead of time with retail ownership, good luck. The amount of competition in the market is staggering and it makes sense when you do the math at how much cultivation is being backdoored when you stack up the total volume of metric tons produced to the demand from retailers. This backdooring has also created an undefeated black market where customers can get fresher product faster and at a lower price. Accessing shelf space at a dispensary to sell your flower is a cut-throat game, and if you think that getting on the shelf is the final mountain to climb, think again. Once you have the shelf space, you have to be present as much as possible at the retail and not only develop solid relationships with the staff at the store but also the customers, number 1 the customers. This could be looked at as a chore but really it’s your opportunity to maintain the relationship with the retail location with authentic customer outreach, because if your product struggles to sell that shelf space will evaporate. I tried this approach in a smaller market that was vocally unhappy with the state program and to this day there are still Reddit posts of the drops we did 3 years ago. This was directly due to myself as the grower, not a rep, communicating as much as possible with the retail buyers. I cannot recommend this enough to new brands, your people matter more than anybody else. They are the ones that keep you going and will be there to support your efforts as you grow and face adversity. Your customers must be invested in who you are, your products and your success. It is more like this in cannabis than any other market. The further a brand gets away from their consumer investment into their brand the quicker they fall. The consumer is your mirror, hear them out, listen to what they ask for, what they are happy with and what didn’t land. If something doesn’t land then it’s up to you to make it right and if you have been developing the relationships you will for sure be given the chance to make it right. 

So you might have slogged through licensing and starting up a business. You might have hired a high end marketing consultant to build you a logo. You might have finally got your grow team up to speed and your harvest batches are hitting the marks. None of that matters unless you have built a loyal customer base that you are in service to. 

It doesn’t matter how good your weed is unless people enjoy buying it as much as they do smoking it. So get out of the warehouse or off the hill and start cultivating the joy that got you growing in the first place with the people that are paying your power bill.

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Brandmydispo, the industry leader in custom cannabis packaging, proudly announces its continued dominance with its custom weed bags. Renowned for their superior quality, innovative designs, and unmatched customer service, Brandmydispo has established itself as the premier choice for custom cannabis packaging solutions.

Unrivaled Quality and Craftsmanship

Brandmydispo sets the standard for excellence with its meticulous attention to detail and commitment to quality. Each custom weed bag undergoes rigorous testing and inspection to ensure it meets the highest standards of durability and functionality. This dedication to quality has made Brandmydispo the preferred choice for cannabis brands seeking premium packaging solutions.

Tailored to Perfection

What sets Brandmydispo apart is its ability to tailor its custom weed bags to meet the unique needs of each client. From custom designs to specific size requirements, Brandmydispo offers a wide range of customization options to ensure that each packaging solution is a perfect fit for its intended product.

Custom Sizing 

With BrandMyDispo, you have the freedom to select from a variety of custom sizing options for your weed bags. Whether you need a small, discreet pouch or a large, eye-catching bag, we can create the perfect size to showcase your products.

Tamper-Evident Features for Added Security

Our custom weed bags come equipped with tamper-evident features, guaranteeing the safety and integrity of your products. From heat-sealed closures to tear strips, we offer a range of options designed to protect your products and provide your customers with peace of mind.

Compliance and Regulatory Assurance

At BrandMyDispo, we stay abreast of all cannabis packaging regulations to ensure our products meet the highest standards of compliance. We work closely with regulatory agencies to ensure your custom weed bags meet all necessary requirements.

Sustainability at its Core

Brandmydispo is committed to sustainability and environmental stewardship. The company uses eco-friendly materials and practices in its packaging process to minimize its impact on the environment. By choosing Brandmydispo, customers can be confident that they are choosing a packaging solution that is both high-quality and environmentally responsible.

Exceptional Customer Service

At Brandmydispo, customer satisfaction is paramount. The company prides itself on providing exceptional customer service, ensuring that each client receives personalized attention and support throughout the custom cannabis packaging process. This dedication to customer care has earned Brandmydispo a reputation for excellence in service.

Leading the Industry

As the cannabis industry continues to grow, Brandmydispo remains at the forefront, leading the way with its innovative custom dispensary packaging solutions. With its unwavering commitment to quality, sustainability, and customer satisfaction, Brandmydispo is poised to maintain its position as the industry leader in custom cannabis packaging.

Elevate Your Brand with Brandmydispo’s Premium Packaging Solutions

Brandmydispo leads the pack in providing innovative and high-quality dispensary packaging solutions tailored for the cannabis industry. Their extensive range includes everything from custom weed bags to empty vape cartridges, pre-rolled tubes, dispensary boxes, weed jars, cannabis containers, empty vape pens, and more. 

Discover how their products can transform your brand’s packaging strategy:

Weed Bags: Their custom weed bags are more than just packaging; they’re a statement. Available in various sizes, shapes, and styles, these custom mylar bags can be personalized to reflect your brand’s unique identity and message.

Empty Vape Cartridges: Compatible with a wide range of 510 vape batteries, their empty vape cartridges deliver a smooth and consistent vaping experience, ensuring your customers keep coming back for more.

Pre-Rolled Tubes: Perfect for packaging pre-rolled joints, their tubes offer convenience and style. Customize them with your brand’s logo and design to make a lasting impression.

Dispensary Boxes: Their dispensary boxes are designed to showcase and protect your products. Available in different sizes and shapes, these boxes can be customized to fit your brand perfectly.

Weed Jars: Keep your products fresh and secure with their range of weed jars. Available in glass or plastic, these jars can be customized to suit your brand’s aesthetic.

Cannabis Containers: From pop-top to screw-top containers, Brandmydispo’s cannabis containers offer a safe and secure storage solution for your products.

Empty Vape Pens: For customers who prefer to fill their own cartridges, these empty vape pens are the perfect choice. Available in a variety of styles, these pens can be customized with your brand’s logo and design.

And More: Brandmydispo’s product range doesn’t stop there. We also offer child-resistant packaging, odor-proof bags, and other innovative solutions to meet all your packaging needs.

At Brandmydispo, they’re more than just a dispensary packaging supplier; they’re your cannabis packaging partner. With expertise and experience, they can help you create custom dispensary packaging solutions that elevate your brand and leave a lasting impression on your customers.

About Brandmydispo

Brandmydispo is a pioneering force in the cannabis packaging sector, renowned for its bespoke solutions that elevate brands within the competitive market. The company’s distinct focus on sustainability, functionality, and design sets it apart, ensuring that each packaging product meets the unique requirements of its clients.

Brandmydispo understands the pivotal role custom cannabis packaging plays in brand identity and collaborates closely with clients to create custom solutions that not only protect their products but also reflect their brand ethos. Whether it’s custom weed bags, dispensary boxes, or vape cartridges, Brandmydispo’s packaging is designed to enhance the customer experience and fortify brand loyalty.

Innovation lies at the core of Brandmydispo’s ethos. The company continually explores new dispensary packaging solutions to meet the evolving demands of the cannabis industry. 

With a steadfast commitment to quality, innovation, and sustainability, Brandmydispo stands as the premier choice for cannabis businesses looking to elevate their packaging. The company’s dedication to excellence and customer satisfaction cements its position as an industry leader, eager to partner with more businesses to achieve their cannabis packaging goals

For More Information

For more information about Brandmydispo and its cannabis packaging solutions, visit www.Brandmydispo.com or contact info@Brandmydispo.com.

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A New York court ruled in favor of Leafly Holdings and other plaintiffs that the state’s ban on third-party cannabis marketing is unconstitutional, striking down advertising rules, after the ruling initially invalidated all of the state’s adult-use regulations.

Last September, a lawsuit filed by the plaintiffs Leafly Holdings, adult-use retailer Stage One Dispensary, and a customer who uses Leafly to inform her decisions about cannabis purchases challenged New York’s ban on third-party advertisers. Specifically, the plaintiffs sued over rules that banned third-party marketing for cannabis companies—think apps and platforms like Weedmaps and Leafly. Leafly documents over 5,000 cannabis strains and shows their terpene profiles, lineage, and effects among other data that can make choosing a strain safer.

The Office of Cannabis Management (OCM) regulations on non-plant-touching third-party platforms, as is, would essentially block Leafly from doing business in New York. In the lawsuit, Leafly cited several allegedly problematic rules including one that bans retailers from paying for “marketing or promotion through a third-party platform, marketplace, or aggregator that lists cannabis products for sale”; and another that bans licensees from contracting with a “person or entity performing any function or activity directly involving the licensed activities authorized for the license type.” 

State Supreme Court Justice Kevin R. Bryant ruled in favor of the plaintiffs Thursday, declaring that the New York cannabis industry’s rules are arbitrary, capricious, and therefore unconstitutional. Bryant’s April 4 decision invalidates OCM cannabis regulations parts 118-121, 123-125, and 131, saying that the OCM failed to show evidence to justify how the rules were developed.

“We are reviewing the decision and exploring all possible legal options,” a representative of the OCM told High Times Friday morning.

Leafly Holdings, Inc., et. al v. New York State Office of Cannabis Management, et. al reads, “For the foregoing reasons, the petition is granted, and the following sections are hereby declared null and void as arbitrary and capricious; The Third-Party Marketing Ban, Parts 9 N.Y.C.R.R. §§123.10(g)(21) and 124.5(a); the Pricing Ban, 9 N.Y.C.R.R. §124.1(b)(5)(ii) the Third-Party Order Ban, 9 N.Y.C.R.R. §123.10(g)(23); the Third-Party All-Licensee Listing Mandate, 9 N.Y.C.R.R. §124.l(b)(2); and the Third-Party Distributor Listing Mandate, 9 N.Y.C.R.R. §124.l(c)(l)-(2),” Honorable Kevin R. Bryant, J.S.C. Ruled. The original sweeping order appeared to invalidate all of New York’s adult-use rules, however the ruling was quickly clarified to apply only to marketing rules by the end of the day.

Leafly was more than pleased with the news. “It’s impossible to overstate the importance of providing consumers with choices, and educational information when making purchasing decisions,” the company said in a statement. “It is critically important that licensed retailers have equal access to important advertising and marketing tools to help them succeed in a competitive landscape.” Leafly didn’t immediately respond to High Times for comment.

Did the Ruling Invalidate New York’s Cannabis Regulations?

For a few hours on Thursday, the ruling invalidated or appeared to invalidate the whole of New York’s cannabis regulations as it was originally written. Syracuse.com reports that Judge Bryant’s “jaw-dropping decision” applied to the regulations broadly, and it “strikes down all New York recreational cannabis rules.” Chris Roberts for MJBizDaily wrote that the decision could send New York’s into “chaos” as it was unclear if cannabis businesses could be operated without any rules in place, or what else might happen.

Some people were happy to see the rules get tossed. Why? Lawsuits and bureaucratic problems have left New York’s adult-use cannabis market in bedlam. Only about two dozen legal dispensaries are open, as oversupply from farmers stacks up and black market shops step in to fill the void. Even Gov. Kathy Hochul called it a “disaster” so some didn’t exactly shed a tear when it appeared the rules were invalid.

State Sen. Jeremy Cooney, chair of the Senate’s cannabis subcommittee, was among those who quickly slammed the ruling, before the ruling was amended.

“Today’s State Supreme Court decision was another setback in a series of blows New York’s adult-use cannabis market has faced since legalization, three years ago,” he wrote in a statement. “While some changes to marketing regulations are needed, the decision by the Court to throw out all agency regulations will ultimately slow progress at a time when we need to more aggressively combat illicit shops to grow a stronger, more-equitable legal market.”

Fox News reports that the court “dramatically scaled back his order from the previous day that had invalidated most of the state’s cannabis regulations in a case challenging rules for advertising marijuana.”

Now that the court has clarified that the ruling only applies to marketing and advertising rules, it demonstrates how Leafly’s win will open up the doors to third-party companies looking to expand into New York’s market.

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It’s open season for flagrant ads to sell illegal drugs like psilocybin, LSD, and other drugs, as Meta works to improve its algorithms to filter illegal content. Because content is being filtered by algorithms, not human beings, sometimes the wrong content—i.e. educational cannabis material—gets taken down while brazen ads to sell drugs remain up.

Some journalists are fed up with the double standard. A Canadian reporter said he was able to get an ad for LSD approved on Facebook, leading a Meta employee to finally remove the ad after the reporter reached out for comment. The National Post reports that Facebook’s automated moderation system approved an ad selling LSD, saying the ad doesn’t violate Meta’s advertising standards. The ad was eventually removed after the reporter contacted Facebook for comment.

Christopher McGrath, a senior manager at Deloitte Canada, said he began seeing ads for drugs on Facebook that he believes were triggered by algorithms while he was researching a recent report  on Canada’s black market cannabis trade.

Deloitte Canada’s report, “Clearing the Smoke: Insights to Canada’s Illicit Cannabis Market,” was supposed to provide data on illegal cannabis sales, but McGrath’s research for it only triggered an onslaught of various cannabis ads on Facebook. So on one hand, Meta wants to filter that content, but on the other, also market ads to users looking for items like cannabis.

University of Toronto media economics professor Brett Caraway, is due to the reliance social media platforms place in machine learning and automated algorithms to police their content.

“When these platforms started, they had departments full of people—actual humans—to sift through the most toxic and horrible parts of the internet,” he said.

“With the amount of content that goes up every minute, there’s just no way humans can put eyes on everything, so they rely increasingly on algorithms and AI for the first round of filtration.”

Facebook responded to The National Post’s inquiries with the following, explaining that when those ads are found they are taken down: “We prohibit content—both in ads and in organic content—that promotes the buying and selling of pharmaceutical and non-medical drugs, and remove it whenever we find it,” the statement reads. “We’ll continue to improve in this area in our ongoing efforts to keep our platforms safe.”

Experts wonder if the decline in online advertising is playing a role and if Meta can’t spend enough on moderation. 

“We’ve seen a lot of major players cut back in the money they’re spending,” Caraway said.

“But Facebook needs that [money]—so if Chrysler or BMW leave, then they have no choice but to take on Jimmy-Bob’s Cannabis Store. Their business model is literally 98-per-cent advertising funded, so they don’t have any wiggle room.”

A History of Censorship

Facebook and Instagram are known for targeting cannabis-related accounts in various waves, taking steps to cut back on illegal drug content. In October of 2018, Facebook placed a pause on cannabis searches. The site justified the ban saying users were selling marijuana products through the social network. Soon, the ban would be lifted

The platforms Facebook and Instagram will close an advertising loophole, joining other tech companies amid the “great vape scare” that took place in 2019. In 2019, an Instagram spokesperson said that Facebook and Instagram will start removing posts that promote vaping, tobacco, or weapons.

Companies that make totally harmless products—such as organic soap and care products manufacturer Dr. Bronner’s—reported posts and ads getting taken down. Dr. Bronner’s experienced similar issues with its boosted posts back in June 2017. 

The company received this response from Facebook after some of its ads were inexplicitly taken down: “This ad isn’t running because it doesn’t follow our Advertising Policies. We don’t allow ads that promote prescription or recreational drugs. Ads like these are sensitive in nature and are usually contrary to local laws, rules or regulations. Please keep in mind that advocacy or awareness ads are allowed…”

Eight Tulsa, Oklahoma-based medical cannabis businesses said that the platform was subjectively censoring their Facebook pages.

A group of cannabis businesses said they have been negatively affected by social media bans, and they are no longer taking the alleged discrimination lying down. Led by the Ye Olde Apothecary Shoppe, eight dispensaries have announced that they are suing Facebook executives over what they call “a pattern of targeting the Oklahoma medical marijuana industry.”

Efforts are being made to control drug ads on social media, particularly in Canada. In Canada, a new online harms bill includes content guidelines for social media platforms and enforcement frameworks meant to hold the tech companies accountable. In newer legislation,  Meta itself would be penalized if it let illegal drug ads stay up.

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A federal judge has dismissed a lawsuit filed by a Mississippi medical marijuana dispensary owner challenging the state’s ban on cannabis advertising. In the legal action, Clarence Cocroft II, the owner of Tru Source Medical Cannabis, argued that Mississippi’s regulations prohibiting cannabis advertising in any media amounted to unconstitutional censorship of the industry.

But U.S. District Judge Michael P. Mills disagreed with Cocroft and dismissed the lawsuit on Monday. In his ruling, Mills wrote that because the possession of marijuana remains illegal at the federal level, it is not a “lawful activity” that is protected by the U.S. Constitution like some other forms of commercial speech.

Cocroft opened his dispensary in Olive Branch, Mississippi after the state legislature legalized medical marijuana in 2022. In his lawsuit, he argues that he has faced difficulty reaching potential customers because of the state’s ban on advertising by cannabis businesses. 

The judge, however, said that overturning Mississippi’s ban on cannabis advertising would be a “drastic intrusion upon state sovereignty.”

“This is particularly true considering the fact that, by legalizing marijuana to any degree, the Mississippi Legislature has gone further than Congress itself has been willing to go,” Mills wrote in his ruling, according to a report from the Associated Press. “In light of this fact, on what basis would a federal court tell the Mississippi Legislature that it was not entitled to dip its toe into the legalization of marijuana, but, instead, had to dive headfirst into it?”

State Sued Over Advertising Ban

Cocroft is represented by the Institute for Justice, a nonprofit libertarian law firm. The lawsuit names the Mississippi Department of Health, Department of Revenue and Alcoholic Beverage Control Bureau as defendants in the legal action.

In the suit, Corcroft maintains that Mississippi’s ban on cannabis advertising prevents him from reaching out to customers via television, radio or print ads. He is even forbidden from placing ads on billboards that he owns. 

The judge ruled that the state cannot prohibit cannabis businesses from displaying products on their websites or from using “appropriate signs” on their businesses. The authority to enact other restrictions, however, lies with the state Health Department, which bans dispensaries from advertising or marketing “in any media.” Corcroft’s legal team says the ban amounts to unconstitutional censorship.

“When Mississippi legalized medical marijuana, it relinquished its power to censor speech by medical marijuana businesses,” said Ari Bargil, an Institute for Justice attorney. “If a product is legal to sell, then it is legal to talk about selling it.”

Corcroft’s suit argues that a current review of cannabis policy by the Biden administration and presidential pardons for low-level federal marijuana offenses constitute a de facto legalization of cannabis. But while the president has pardoned thousands of people who have been federally convicted of marijuana possession, cannabis remains illegal under federal law. As long as marijuana remains a federally controlled substance, the judge ruled, the states are free to pass laws that restrict advertising by cannabis businesses.

“Plaintiffs thus argue that Congress and President Biden have ‘all but’ made the possession of marijuana lawful, which strikes this court as a tacit admission that it still remains illegal under federal law,” Mills wrote.

In a statement released after the judge’s ruling and dismissal of the case, Corcroft said that Mississippi’s ban on cannabis advertising is a violation of the First Amendment rights of legal businesses. He added that he plans to appeal the judge’s ruling to the 5th U.S. Circuit Court of Appeals.

“I’m prepared to fight this fight for as long as it takes,” Cocroft said. “This case is bigger than me and my dispensary – it is about defending the right of everyone to truthfully advertise their legal business in the cannabis industry.”

Although Mississippi’s regulated medical marijuana businesses still face the state’s ban on advertising, Brian Vicente, founding partner of the cannabis and psychedelics law firm Vicente LLP, noted that some states with similar policies have later modified the restrictions.

“Mississippi’s marijuana laws are still new. In most states, we see advertising restrictions lessen over time as states realize that marijuana, including medical marijuana, is a legitimate product that is not only highly regulated but also legal and safe for sale in the state,” Vicente wrote in an email to High Times. “Mississippi needs to consider that, by severely restricting medical marijuana advertising, they are hurting their medical marijuana patients who need access to this important medication. These restrictions significantly impact patients’ accessibility to information about the program and their medication.”

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The owner of a cannabis dispensary in Mississippi has filed a lawsuit alleging that state laws which prevent him from advertising his business violate his First Amendment rights.

Clarence Cocroft II of Olive Branch, Mississippi is the owner of Tru Source Medical Cannabis. According to the Associated Press, Cocroft filed a lawsuit Tuesday because he says regulations put in place by the Mississippi Department of Health have made it inordinately difficult for him to run his business. 

Mississippi legalized cannabis for medicinal purposes in 2022 but the laws only allow for people with certain “debilitating conditions” to obtain a recommendation. The Mississippi Department of Health opted to ban cannabis providers from advertising in any way shape or form. Cocroft said this is a violation of his constitutional rights as a business owner. 

“All I want to do, like any other business owner, is have the opportunity to advertise. If I pay taxes in this business, which I do, I should be able to advertise,” Cocroft said at a news conference. “All I’m asking from this state is to provide us with the same liberty that they’ve provided other businesses.”

According to the Mississippi Department of Health website, Mississippi cannabis businesses are allowed to have a sign on their store and have a website with a list of products available but they cannot otherwise participate in any form of communication that could be perceived as advertising. An attorney for Cocroft, Katrin Marquez told the Associated Press that this constitutes unlawful censorship.

“Under the ban, Clarence can’t advertise in any media. He cannot place ads in newspapers or magazines, on television or radio, or even on billboards that he already owns,” Marquez said. “The First Amendment does not allow a state to completely censor a legal business. If it is legal to sell a product, it is legal to talk about that product.”

The list goes on. Legally operating cannabis dispensaries in Mississippi are not allowed to display products in their window, not allowed to send out mass text messages or emails. They can’t offer discounts, promotions or deals of any kind nor can they give away free product or any kind of samples. They also can’t put their business name on an Adopt-a-Highway sign or an electronic interstate sign.

Cocroft told the Associated Press that when he started his business, he actually set aside some money for advertising and even bought high-profile billboards in high-volume areas of the state which he has since been forced to lease out to other businesses. 

“It’s simply unfair that every other legal business in Mississippi is allowed to advertise, while I have to rely on word of mouth,” Cocroft said.

Many states with legal adult-use or medical cannabis markets have enacted regulations restricting cannabis advertising. Most states opt to apply certain restrictions on cannabis advertising on public broadcasts to ensure that the majority of the audience who will see the ad will be of legal consumption age but the particularities vary state to state.

Most of these restrictions are likely not First Amendment Violations based on comparable Supreme Court cases related to tobacco and pornography advertising which have determined that reasonable time, place and manner restrictions are not First Amendment violations, but few states have outright banned cannabis advertising to the degree that Mississippi has. Louisiana, Arkansas and Alabama have similar laws banning cannabis advertising through public mediums, but Marquez argued to the Associated Press that Mississippi’s laws are harsher still. 

“The state government cannot simultaneously authorize the legal sale of a product or service, while forbidding the truthful advertising of said product,” Marquez said. “No law, state or federal, justifies the censorship in this case.”

According to the Associated Press, Cocroft is represented in this lawsuit by the Institute for Justice and his lawsuit is specifically targeted at leadership in the Mississippi Department of Health, Department of Revenue and Alcoholic Beverage Control Bureau. The language of the lawsuit alleges that state regulations unfairly target legally operating cannabis  businesses trying to utilize their First Amendment rights to spread truthful, commercial speech. 

Mississippi state law allows cannabis patients to obtain 3.5 grams of cannabis once per day, six days per week. The list of qualifying conditions is short and limited to illnesses like cancer, HIV and Parkinson’s disease. A full list can be found here. 

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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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Twitter is opening the door for advertisers of packaged weed products, the Associated Press reports, with refined changes to the announcement that it will begin allowing THC ads in addition to CBD ads last February. 

The new changes will allow packaged cannabis products in ad creative and include updated medical and adult-use cannabis markets. It’s the latest major shift on the platform since being purchased by Elon Musk in April 2022.

“As of today, in certain US states we have taken measures to relax our Cannabis Ads policy to create more opportunities for responsible cannabis marketing—the largest step forward by any social media platform,” Alexa Alianiello, of Twitter US Sales & Partnerships and Rohan Routroy, of Twitter Next wrote on a blog post on the Twitter website. 

When Twitter initially announced changes to its ad policy in February, Twitter users criticized how several features still didn’t appear to work. Users complained that features like radius targeting and conversion tracking still were not functional. It appeared that some features were in the beta stage.

The new changes could iron out some of those problems, in theory. “Going forward, Twitter is allowing advertisers to promote brand preference and informational cannabis-related content for CBD, THC, and cannabis-related products and services,” the blog post announcement reads.

The post continues, “We look forward to helping more customers unlock the power of Twitter Ads to connect with the cannabis conversation and drive their business forward.”

According to Alianiello, Twitter also added additional medical cannabis markets and adult-use markets to the platform. Several restrictions remain in place, mostly surrounding the practice of making unproven or false medical claims.

Any advertisement for cannabis and CBD content must not appeal to minors in the creative, landing pages must be age gated, and sales must be age verified; not use characters, sports-persons, celebrities, or images/icons appealing to minors; not use minors or pregnant women as models in advertising; not make claims of efficacy or health benefits; not make false/misleading claims; not show depiction of cannabis product use; not depict people using or under the influence; and not encourage transport across state lines.

A Gradual Loosening of Cannabis Rules

Twitter announced major changes to its cannabis policy in February, saying that it would allow THC, CBD, and similar ads in the U.S.

The changes were first reported by AdCann. “Up until now, only CBD topical brands were permitted to advertise on Twitter’s platform,” AdCann wrote on its website. “Moving forward—the social network will allow for the promotion of regulated THC and CBD-containing cannabis products, accessories, services and more.” 

Twitter posted the policy update on its Drugs and Drug Paraphernalia section of the website, which outlines the process for advertisers promoting cannabis products.

Elon Musk made drastic changes to the Twitter platform, notably removing the coveted blue check marks from verified accounts. Twitter Blue completely rewrote the system, instead allowing verified blue check marks to anyone who is willing to pay a small monthly fee.

This change caused an uproar among prominent Twitter users such as Stephen King, whose complaint over an unwanted blue check mark led to a personal exchange with Musk. Lebron James also announced he refused to pay for the blue check mark but was gifted one anyways.

One of Tucker Carlson’s final interviews was with Elon Musk, before being unexpectedly canned by Fox News despite being one of the platform’s biggest stars. In the interview, when confronted about the billions of dollars’ worth drop in value for Twitter, Musk said there are “some things money can’t buy.”

Time will tell if the new changes to THC and CBD ads stay in place.

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Cannabis retail marketing must be heavily researched to best catch the eye of potential customers, especially in markets where there is a lot of competition. New Frontier Data provides a fascinating look behind the scenes at what brand packaging says about a product, and how it is perceived by consumers. New Frontier Data uses information collected and published in its recently published Cannabis Consumers in America report, which identifies consumers based on their purchasing behavior and trends in the industry (categorized as Savvy Connoisseurs, Contemporary Lifestylers, Legacy Lifestylers, Medical Lifestylers, Modern Medicinals, Engaged Explorers, Social Nibblers, Holistic Healers, and Infrequent Partakers.)

Fifty-one percent of consumers choose products based on the desired effect, such as sleep, energy, chill or create. While potency is also a contributing factor, New Frontier Data’s newest report explored the end result of popular brand packaging appearances, and shared which ones people tend to prefer the most.

For this product survey, participants were asked if they seek out flower from particular brands or companies: 43% answered “sometimes,” 21% said “always,” 19% said “rarely,” and 17% answered “never.” Overall, 28% added that branding and packaging is “very or extremely important” when considering what to buy.

Six image varieties of flower packaging, with percentages of consumers who most preferred those packaging themes: Black Minimalist Jar (7%), Gold Jar (9%), Craft Paper Jar (14%) Mountain Landscape Jar (16%), Hippie Colorful Jar (17%), and Prescription White Jar (36%).

The Black Minimalist Jar is described as a common choice between a variety of age groups, but often chosen because it was “cool, modern, and masculine.” Those who preferred this jar usually spend between $50-$199 per transaction and are more likely to consume cannabis every day.

The Gold Jar was most popular with consumers over 55, describing it as “cool, natural, or modern.” Some described it as feminine, but it was slightly more preferred by men. Those who were drawn to this jar usually purchase between 3.5 grams to 14 grams per month, and tend to purchase about $50-$99 in a single purchase. This particular consumer is also more likely to consider topicals or transdermal products as their favorite.

The Craft Paper Jar featured a simple brown exterior with black text, which attracted consumers who like to consume cannabis in a social setting because it is “natural, authentic, and cool.” Those who are drawn to this packaging tend to buy $20-$99 worth of product in a single purchase. 

The Mountain Landscape Jar attracted younger consumers because it was “cool, natural, and authentic.” They were also the customers most likely to choose vaping as their primary way to consume.

The Hippie Colorful Jar was the most colorful of the bunch, which attracted medical cannabis consumers more than adult-use consumers, describing the jar as “cool, authentic, and modern.” Sixty-four percent of these consumers usually spend between $20-$99 in a single purchase, and prefer edibles over other consumption methods.

Finally, the Prescription White Jar was the most popular of all of these designs, appealing to all age groups and consumer types for its “medicinal, authentic, and natural” approach to design. Those who chose this tend to purchase more than one ounce of cannabis every month, and favored flower over all other product types.

New Frontier Data cites Harvard Professor Gerald Zaltman, an expert on marketing who is also a co-founder of consultant firm Olson Zaltman Associates, which has worked with some of the world’s largest brands. According to Zaltman’s book How Customers Think: Essential Insights into the Mind of the Market, 95% of purchasing decisions are subconscious, and 93% of people will “rely on visual cues when considering new products.”

With this in mind, New Frontier Data recommends a continued thoughtfulness when companies create their brand product identity. “As consumers become increasingly diverse and delineated in both their motives and methods for consumption, brands should aim to directly articulate how a given product suits a consumer’s goals, rather than settle simply for selling flower.

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New York state regulators voted on Wednesday to approve draft rules for the packaging and marketing of legal cannabis products. The proposed regulations establish parameters for the sale of recreational weed products, which are expected to go on sale by the end of the year following the legalization of adult-use cannabis by state lawmakers in 2021.

Under the draft regulations from the New York Cannabis Control Board, companies will be permitted to advertise their products via television, radio, social media and other platforms. But the rules also include strict provisions designed to protect children from being influenced by cannabis marketing.

“Protecting public health, reducing harm and promoting sustainable industry practices are key components of legalizing cannabis for adult use and I look forward to considering these regulations as we develop the industry,” Cannabis Control Board Chair Tremaine Wright said in a statement quoted by the New York Post. “We are committed to building a New York cannabis industry that sets high standards for protecting children and keeping products safe and sustainable.”

Rules Designed To Protect Kids

Labels for cannabis products must include the serving size, potency, ingredients, and directions for usage and storage. Packaging and advertising that contain cartoon characters, bubble lettering, neon colors, references to candy, or other elements likely to appeal to people younger than 21 years old are not allowed.

The regulations also forbid the use of endorsements from celebrities who appear to be younger than 21 and ban the use of common terms in the cannabis culture lexicon including “weed,” “pot,” “stoner,” and “chronic.” Misleading claims of health benefits and indications that the product is “safe” or “organic” are also prohibited, as are actual images of marijuana or people vaping or smoking.

Katrina Yolen, chief marketing officer of multistate cannabis operator Acreage Holdings, applauded New York regulators for updating the guidelines for cannabis marketing and advertising in advance of the launch of adult-use sales.

“Recognizing that cannabis operators need to be able to communicate better with consumers to educate, inform and build awareness about the benefits of cannabis is vital for the state and industry,” Yolen wrote in an email. “We look forward to supporting and working with the Office of Cannabis Management on the final guidelines over the coming weeks.”

All cannabis product packaging must include the state symbol of approval that includes the universal cannabis symbol with a cannabis leaf and the letters “THC,” plus an indication that the product is for consumers 21 and up and the New York state logo. The stipulated label is reserved for products that have been produced by licensed cannabis companies and lab tested for safety in accordance with state law.

Packaging for cannabis products must also be child-resistant, meeting standards that make the product difficult for a child younger than 5 to open. Additionally, the regulations require that cannabis advertising be no closer than 500 feet to schools, libraries, daycare centers, and playgrounds.

The draft regulations also call for a rotating series of warning labels to be placed on packaging for cannabis requirements, such as “Cannabis can impair concentration, coordination and judgment. Do not operate a vehicle or machinery under the influence of cannabis” and “Keep out of reach of children and pets.” 

Marketing Rules Set a High Bar in New York

The regulations forbid marketing and promotional tactics commonly used by companies in other industries. Price promotions, coupons, customer loyalty programs, and other discounts are not allowed under the rules.

In an email to High Times, Katelin Edwards, senior regulatory analyst at Simplifya, a regulatory and operational compliance software platform serving the cannabis industry, said that a particular aspect of New York’s regulations may prove to be especially burdensome for weed businesses.

“Although it is true that a NY cannabis licensee can advertise cannabis products, cannabis paraphernalia, or goods or services related to cannabis or cannabis products by means of television, radio, print, internet, mobile applications, social media and other electronic communication,” said Edwards, “the licensee has to have reliable evidence that at least 90%, unless otherwise determined by the Office, of the audience for the advertisement is reasonably expected to be twenty-one years of age or older.”

Edwards notes that the composition requirement is more stringent than most states that have legalized recreational pot, including Colorado, California, and New Jersey, where audience composition requirements that call for about 70% of the audience to be 21 and older are the norm.

“Getting reliable and up-to-date audience composition data to prove that at least 90% of the audience is reasonably expected to be 21 years of age or older may be challenging; especially when ‘reasonably expected’ is so ambiguous and the burden of proof is on the licensee.”

The new proposed regulations will now undergo a 60-day public comment period beginning on June 15 before coming up for a final vote by the board.

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