Marketing cannabis in Florida

It is so limited. I’m running out of ideas to capture additional market share. The laws states:

“What rules and restrictions govern the advertising and marketing of cannabis products and accessories (including online)?

Florida law severely restricts the advertising of cannabis products. The only non-digital marketing allowed is a sign “affixed to the outside or hanging in a window” of a dispensary which includes the dispensary’s approved trade name or logo (Florida Statute 381.986(8)(h)(1)). All other “advertising that is visible to members of the public from any street, sidewalk, park, or other public place” is prohibited (Florida Statute 381.986(8)(h)).

All digital advertisements must be approved by the Florida Department of Health (Florida Statute 381.986(8)(h)(2)(a)). Unsolicited pop-up advertisements are expressly prohibited, and all opt-in marketing must include “an easy and permanent opt-out feature” (Florida Statute 381.986(8)(h)(2)(c-d)). Whether digital or non-digital, cannabis advertising cannot specifically target minors (Florida Statute 381.986(8)(h)).

Cannabis companies must maintain a website (Florida Statute 381.986(8)(i)). The website must include:

each product offered;
the price for a 30, 50, and 70-day supply of each product;
the price for each marijuana delivery device offered; and
any discount policies and eligibility requirements, if applicable (Id.).

What rules and restrictions govern the branding and trademarking of cannabis products and accessories? Are there any other special branding considerations for cannabis businesses?

Florida’s medical cannabis statute does not contain any specific provisions related to the branding and trademarking of cannabis products and accessories. “


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