Background

Minnesota law requires that all advertisements for cannabis and lower-potency hemp edible (LPHE) products contain a warning developed by the Office of Cannabis Management (OCM). In consultation with industry and public health professionals, OCM has developed required warnings that accompany any published advertisement for a cannabis business, a hemp business or any cannabis product or lower potency-hemp edible product (including hemp beverages).  

Required warnings

Minnesota Statutes, section 342.64, subdivision 1(7), states that "Cannabis businesses, hemp businesses, and other persons shall not publish or cause to be published an advertisement for a cannabis business, a hemp business, cannabis flower, a cannabis product, a lower-potency hemp edible, or a hemp-derived consumer product in a manner that does not contain a warning as specified by the office regarding impairment and health risks.”  

This means that any advertisement (whether in print, radio, television, online, or through social media) for either a cannabis or hemp business, cannabis flower, a cannabis product, a lower-potency hemp edible, or a hemp-derived consumer product must contain the following warning language:   

• Cannabis businesses, cannabis flower and cannabinoid products

  • Warning: Cannabis products are not for use by anyone under the age of 21. Cannabis use may cause drowsiness, affect focus, reaction time, and decision-making. These products are not evaluated or approved by the FDA. Pregnant people should avoid cannabis due to the risk of low birth weight, premature birth, stillbirth, and harm to fetal brain development.  

• Hemp businesses, lower-potency hemp edibles, and hemp-derived consumer products

  • Warning: Hemp products containing THC are not for use by anyone under the age of 21. Using hemp products containing THC may cause drowsiness, affect focus, reaction time, and decision-making. These products are not evaluated or approved by the FDA. Pregnant people should avoid hemp products containing THC due to the risk of low birth weight, premature birth, stillbirth, and harm to fetal brain development.  

An advertisement is defined in Minnesota Statutes, section 342.01, subdivision 5, as “any written or oral statement, illustration, or depiction that is intended to promote sales of cannabis flower, cannabis products, lower-potency hemp edibles, hemp-derived consumer products, or sales at a specific cannabis business or hemp business and includes any newspaper, radio, Internet and electronic media, or television promotion; the distribution of fliers and circulars; and the display of window and interior signs in a cannabis business.” Importantly, an advertisement does not include a fixed outdoor sign on the exterior of a cannabis or hemp business’s building that meets the requirements in Minnesota Statutes, section 342.64, subdivision 2(b).

Failure to include the required warnings may result in enforcement action against the license holder or business, up to and including penalties or license suspension/revocation. Complaints about business or license holder activities, including advertisements, may be submitted to the OCM through the Enforcement Complaint Reporting form.

Additional hemp and cannabis advertising guidance

In an advertisement, under Minnesota Statutes, section 342.64, subdivisions 1 and 3, you may NOT:

• Use false or misleading statements
• Use unverified health or therapeutic claims
• Promote over-consumption
• Depict a person under 21 consuming cannabis
• Use any image or design that is likely to appeal to anyone under 21
• Advertise on children’s programming or anywhere the audience is likely to be 30% or more persons under 21
• Use any image containing alcohol or people consuming alcohol
• Fail to use required health and impairment warnings

Pop-up advertising on the web for cannabis and hemp businesses is not allowed. [Minnesota Statutes, section 342.64, subd. 4] 

Age verification of 21+ must be used before sending any direct advertising including location-based advertising on devices. [Minnesota Statutes, section 342.64, subd. 5] 

Outdoor advertising 

Outdoor advertisements for cannabis or hemp businesses, as defined in Minnesota Statutes, section 342.01, subd, 58, such as billboards, are not allowed. [Minnesota Statutes, section 342.64, subd. 2(a)] 

Exceptions: 

• A hemp or cannabis business may erect two fixed outdoor signs to the exterior of the building or property of a hemp or cannabis business. [Minnesota Statutes, section 342.64, subd. 2(b)] 
• A hemp business may use outdoor advertisements to promote their business or the goods or services the business offers, provided the advertisement is not related to the manufacture or sale of lower-potency hemp edibles and does not include an image, description, or reference to the manufacture or sale of lower-potency hemp edibles. [Minnesota Statutes, section 342.64, subd. 2(c)]  
  • For example, a brewery that also manufactures LPHEs would be able to use outdoor advertising for their brewery but could not advertise the LPHE products they sell on the outdoor advertisement.

Cannabis advertising for health care practitioners under the medical cannabis program  

In an advertisement, under Minnesota Statutes, section 342.64, subdivisions 7(a), you may NOT:  

• Use false or misleading statements. 
• Use colloquial terms to refer to medical cannabis flower or medical cannabinoid. products, such as pot, weed, or grass. 
• State or imply that the health care practitioner is endorsed by the office, the. Division of Medical Cannabis, or the registry program. 
• Include images of cannabis flower, hemp plant parts, or images of paraphernalia commonly used to smoke cannabis flower. 
• Use medical symbols that could reasonably be confused with symbols of established medical associations or groups. 
• Fail to use required health and impairment warnings. 

A health care practitioner found by the office to have violated these advertising rules will be prohibited from certifying patients for medical cannabis. [Minnesota Statutes, section 342.64, subd. 7(b)]