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Where Can You Legally Promote or Advertise Cannabis Products in Canada?

Helping Canadian Businesses Get Licences, Stay Onside And Resolve Their Legal Challenges.

Where can you promote your cannabis products?

Turns out, very few ways.

• On a sidewalk sign at the store, as long as it’s only promoting price and/or availability – s. 17(4)
• In an email or other communication sent to someone who is 18 and up and is addressed by their name – s. 17(2)(a)
• Physically in a place where people under 18 are prohibited BY LAW.
In Ontario that’s pretty much only inside cannabis stores, tobacconists, specialty vape stores, and liquor licence-holders where no youth is a condition on their licence. You used to see Tweed ads in theatres before R-rated movies, but absolute prohibition on youth in R-rated movie theatres was ended by the province. – s. 17(2)(b)
• Website, app or other “telecommunication” with an age gate – must “take reasonable steps to ensure youth cannot access the promotion”“.
Oh, and social media profiles that don’t have an age gate prior to showing the promo, even if they have in bio “Must be 18+”, likely not compliant – though I have not seen any enforcement actions on that. It’s the best industry can do with some of the platforms that don’t have age-gate tools generally available. – s. 17(2)(c)

Also, as a treat you get to place your logo on any “thing”, as long as it’s just once and there’s no other promotions/messaging on it and it’s not bigger than 300 cm squared and it can’t be seen or heard in a place where youth frequent – s. 17(6)

That’s just federal law. And there’s more restrictions than I mentioned.

And then add provincial restrictions on top of that 🙂

Is there any you would like to see changed?

See also  How To Get a Licence To Sell Beer in Ontario

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Harrison Jordan, Lawyer at Substance Law