California Cannabis Advertising Laws

California requires every advertisement to identify the licensee by license number and requires reliable up-to-date audience composition data showing at least 71.6 percent of the audience is reasonably expected to be 21 or older. Chapter 15 requires no general warning statement, though two product-specific disposal statements apply to cartridges and integrated vaporizers. Advertising may not use any depictions or images of anyone under 21, may not appear on a billboard located on an interstate highway or a state highway crossing the California border, and may not appear on an advertising sign within 1,000 feet of a day care center, K-12 school, playground or youth center.

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Legal for licensed operators, subject to the license number requirement at §26151(a), the audience composition requirement at §26151(b) and 4 CCR §15040(a)(1), the content and placement prohibitions at §26152, the health claim prohibition at §26154, the promotion prohibitions at §26153 and 4 CCR §15040.2, and the age affirmation requirement at §26151(c). The Department of Cannabis Control states that it does not review or pre-approve advertising, marketing, packaging or labeling designs.

Advertising is governed by two instruments. The statute is Chapter 15 of Division 10 of the Business and Professions Code, Sections 26150 through 26156. The regulations are in Title 4, Division 19 of the California Code of Regulations at Sections 15040 through 15041, revised January 1, 2026. Both are administered by the Department of Cannabis Control.

Medicinal and adult-use cannabis share one advertising rule set. Chapter 15 does not distinguish between them.

Section 26152 applies to a person engaged in commercial cannabis activity, whether licensed or unlicensed.

Amendments effective January 1, 2026. Assembly Bill 8 (AB 8) amended Section 26152 so that the appellation of origin provision covers industrial hemp as well as cannabis. Assembly Bill 1170 (AB 1170) amended Section 26152.2 to provide that the Attorney General, a city attorney, or a county counsel may bring an action for violations of Section 26152(d), (e), (f) and (g), with injunctive relief, attorney's fees and costs, and civil penalties up to $5,000 per violation by a licensee and up to $30,000 per violation by a person engaged in commercial cannabis activity without a license.

This page is part of our state-by-state cannabis advertising laws library, covering all 50 states and the District of Columbia.

Business name and license number

Required. Under §26151(a)(1), all advertisements and marketing shall accurately and legibly identify the licensee responsible for the content, by adding at a minimum the licensee's license number. Under (a)(2), a technology platform shall not display a licensee's advertisement on an internet web page unless it displays the license number. Under (a)(3), an outdoor advertising company subject to the Outdoor Advertising Act shall not display a licensee's advertisement unless it displays the license number.

The required warning statements

Chapter 15 requires no general warning statement. Two product-specific statements apply under §26152.1, operative July 1, 2024, quoted as codified:

• Integrated cannabis vaporizers: "An empty integrated cannabis vaporizer shall be properly disposed of as hazardous waste at a household hazardous waste collection facility or other approved facility."
• Cannabis cartridges: "A spent cannabis cartridge shall be properly disposed of as hazardous waste at a household hazardous waste collection facility or other approved facility."

Under §26152.1(b), advertising for a cartridge or integrated vaporizer shall not indicate that it is disposable, nor imply that it may be thrown in the trash or recycling streams.

How the warnings have to appear

Section 26151(a)(1) requires the license number to be accurate and legible. Section 26152.1 requires the disposal statements to be provided prominently in a clear and legible fashion. Neither provision prescribes a type size, contrast standard, audio requirement, duration, or percentage of the advertising area.

When the warnings are not required

Under §26155(b), the chapter does not apply to noncommercial speech. Under §26150(b), "advertisement" does not include a label affixed to cannabis or its container, or editorial or reading material such as a news release for which no consideration is paid and which is not written by or at the direction of the licensee. The disposal statements at §26152.1 attach to advertising for an integrated cannabis vaporizer or a cannabis cartridge.

Hotline number

No. Chapter 15 requires no helpline, hotline or poison control number in advertising.

Prohibited content

Under §26152, a person engaged in commercial cannabis activity shall not:

• Advertise or market in a manner that is false or untrue in any material particular, or that, irrespective of falsity, directly, or by ambiguity, omission, or inference, or by the addition of irrelevant scientific or technical matter, tends to create a misleading impression — §26152(a)
• Publish or disseminate advertising or marketing containing any statement concerning a brand or product that is inconsistent with any statement on the labeling thereof — §26152(b)
• Publish or disseminate advertising or marketing containing any statement, design, device, or representation which tends to create the impression that the cannabis originated in a particular place or region, unless the label of the advertised product bears an appellation of origin, and such appellation of origin appears in the advertisement — §26152(c)
• Advertise or market on a billboard or similar advertising device located on an interstate highway or on a state highway which crosses the California border — §26152(d)
• Advertise or market cannabis or cannabis products in a manner intended to encourage persons under 21 years of age to consume cannabis or cannabis products — §26152(e)
• Publish or disseminate advertising or marketing that is attractive to children — §26152(f)
• Advertise or market cannabis or cannabis products on an advertising sign within 1,000 feet of a day care center, school providing instruction in kindergarten or any grades 1 through 12, playground, or youth center — §26152(g)
• Advertise or market cannabis or cannabis products, or a business engaging in commercial cannabis activity, unless the person holds a license, or advertise a licensed activity during a period of license suspension — §26152(h)

Under 4 CCR §15040(a), advertising placed in broadcast, cable, radio, print and digital communications shall not:

• Be displayed without reliable up-to-date audience composition data demonstrating at least 71.6 percent of the audience is reasonably expected to be 21 or older — §15040(a)(1)
• Use any depictions or images of minors or anyone under 21 years of age — §15040(a)(2)
• Be attractive to children, which includes cartoons; any likeness to images, characters, or phrases popularly used to advertise to children; any imitation of candy packaging or labeling; and the terms "candy" or "candies" or variants such as "kandy" or "kandeez" — §15040(a)(3)
• Advertise free cannabis goods or giveaways of any type, including buy one product get one product free, free product with any donation, and contests, sweepstakes, or raffles — §15040(a)(4)

Under 4 CCR §15040.1, licensees shall not market, advertise, sell, or transport cannabis goods labeled as beer, wine, liquor, spirits, or any other term describing alcohol that may create a misleading impression that the product is an alcoholic beverage. An alcohol company or brand name may appear on cannabis goods or in marketing provided no misleading impression is created.

Under §26154, a licensee shall not publish or disseminate advertising or marketing containing any health-related statement that is untrue in any particular manner or tends to create a misleading impression as to the effects on health of cannabis consumption. Section 26150(d) defines "health-related statement" as any statement related to health, including statements of a curative or therapeutic nature that, expressly or by implication, suggest a relationship between the consumption of cannabis or cannabis products and health benefits, or effects on health.

Discounts, coupons, and price promotion

Chapter 15 contains no restriction on advertising price. Under §26153(a) and 4 CCR §15040.2(a), a licensee shall not give away any amount of cannabis, cannabis products, or any cannabis accessory as part of a business promotion. Under 4 CCR §15040.2(b), a licensee shall not hold a raffle or sweepstakes as part of a business promotion. Under 4 CCR §15040(a)(4), advertising free goods, buy one product get one product free, free product with any donation, and contests, sweepstakes or raffles is prohibited.

Two exceptions apply to the giveaway prohibition. Under §26153(b), donation to a patient or primary caregiver pursuant to §26071 is not a business promotion. Under §26153(c) and §26153.1, trade samples may be provided for no consideration to an employee of the designating licensee or to another licensee, recorded in track and trace, and shall not be sold or donated.

Responsibility for agents and contractors

Under 4 CCR §15040(f), in construing and enforcing the advertising provisions, any action, omission, or failure of an advertising agent, representative, or contractor retained by the licensee shall in every case be deemed the act, omission, or failure of the licensee.

Pre-approval

Not required. The Department of Cannabis Control states that it does not review or pre-approve advertising, marketing, packaging or labeling designs, and that licensees are responsible for meeting the requirements themselves.

Enforcement

Under Chapter 3 of Division 10, commencing at §26030, the Department may suspend, revoke, place on probation or otherwise discipline a license and fine a licensee, and failure to comply with local laws and ordinances is grounds for discipline. Under §26152.2, the Attorney General, a city attorney, or a county counsel may bring an action for violations of §26152(d), (e), (f) and (g). Under §26200, local jurisdictions may adopt and enforce their own ordinances.

What the Law Requires

Three provisions address age. Under §26152(e), no advertising or marketing in a manner intended to encourage persons under 21 years of age to consume cannabis or cannabis products. Under §26152(f), no advertising or marketing that is attractive to children. Under 4 CCR §15040(a)(2), advertising placed in broadcast, cable, radio, print and digital communications shall not use any depictions or images of minors or anyone under 21 years of age.

Audience Percentage Thresholds

71.6 percent

Under §26151(b) and 4 CCR §15040(a)(1), advertising placed in broadcast, cable, radio, print and digital communications shall only be displayed where the licensee has reliable up-to-date audience composition data demonstrating that at least 71.6 percent of the audience viewing the advertising is reasonably expected to be 21 years of age or older.

Media covered

Broadcast, cable, radio, print and digital communications, as named in §26151(b) and 4 CCR §15040(a).

Where the burden sits

On the licensee. Section 15040(a)(1) requires the licensee to have obtained the data before the advertising is displayed. Under §15040(d), a licensee shall provide the data to the Department immediately upon request. Under §15040(e), if the Department determines the data does not comply with the requirements of the section, or the licensee fails to provide it, the licensee shall remove the advertising placement.

Event sponsorship

Chapter 15 and 4 CCR §§15040 to 15041 set no audience threshold specific to event sponsorship.

Age Gating and Consent

Direct communication

Under §26151(c) and 4 CCR §15041, any advertising or marketing involving direct, individualized communication or dialogue controlled by the licensee shall use a method of age affirmation to verify that the recipient is 21 years of age or older before engaging in that communication or dialogue. The methods stated are user confirmation, birth date disclosure, or other similar registration method.

Websites

Chapter 15 prescribes no general website age gate.

Location-based devices

Chapter 15 and 4 CCR §§15040 to 15041 contain no location-based device provision.

Established customers

Chapter 15 contains no exception removing communications to existing customers or opted-in recipients from the definition of advertising.

People Depicted in Ads

Under 4 CCR §15040(a)(2), advertising placed in broadcast, cable, radio, print and digital communications shall not use any depictions or images of minors or anyone under 21 years of age. Under §26152(f) and 4 CCR §15040(a)(3), advertising shall not be attractive to children, which includes cartoons and any likeness to images, characters, or phrases popularly used to advertise to children.

Section 15040(a) is prefaced with those five named media. Section 15040(b) imposes the outdoor sign requirement "in addition to the requirements in subsection (a)." Chapter 15 and 4 CCR §15040 set no minimum age for talent beyond the prohibition at §15040(a)(2), and contain no provision prohibiting the depiction of consumption by adults.

Restricted Locations and Buffer Distances

1,000 feet

Under §26152(g), no advertising or marketing of cannabis or cannabis products on an advertising sign within 1,000 feet of a day care center, school providing instruction in kindergarten or any grades 1 through 12 inclusive, playground, or youth center.

What the buffer applies to

Advertising signs. Section 26150(c) defines "advertising sign" as any sign, poster, display, billboard, or other stationary or permanently affixed advertisement promoting the sale of cannabis or cannabis products that are not cultivated, manufactured, distributed, or sold on the same lot.

Facility types named

Day care center, school providing instruction in kindergarten or any grades 1 through 12, playground, and youth center. Section 26152(g) names no other facility type.

Interior signage

Under §26155(a), the chapter does not apply to interior signage within a licensed premises that is not visible by normal unaided vision from a public place.

Highways

Under §26152(d), no advertising or marketing on a billboard or similar advertising device located on an interstate highway or on a state highway which crosses the California border. The provision attaches to the highway on which the device is located and states no distance.

Public property and transit

Chapter 15 contains no provision prohibiting advertising on public transit or on publicly owned property.

Licensing Buffers That Are Not Advertising Buffers

Local jurisdictions impose zoning and siting requirements governing where a cannabis business may be located. Under §26200(a)(1), the division does not supersede or limit the authority of a local jurisdiction to adopt and enforce local ordinances to regulate businesses licensed under the division, including local zoning and business licence requirements, or to prohibit them. Those provisions govern the location of a business and are not advertising provisions.

The advertising buffer is the 1,000 foot distance at §26152(g), which applies to advertising signs as defined at §26150(c).

Local Ordinances

Under §26200(a)(1), local jurisdictions may adopt and enforce ordinances regulating licensed businesses, including zoning and business licence requirements, or prohibit them entirely. Under §26200(d), a local jurisdiction may be delegated authority to enforce the division and the Department's regulations for facilities within its boundaries. Under §26030, failure to comply with local laws and ordinances is grounds for discipline of a state licence.

Under §26152.2 as amended by AB 1170, a city attorney or county counsel may bring an action for violations of §26152(d), (e), (f) and (g).

Can You Run a Digital Out of Home Screen in California?

Section 26152(d) prohibits advertising on a billboard or similar advertising device located on an interstate highway or a state highway crossing the California border. Section 26152(g) prohibits advertising on an advertising sign within 1,000 feet of a day care center, K-12 school, playground or youth center. Section 15040(b) of 4 CCR requires outdoor signs to be affixed to a building or permanent structure, which excludes mobile, truck-mounted and trailer-mounted formats. Section 26200 preserves local authority to regulate or prohibit.

Compliant Use of Geotargeting

• Verify highway classification for every out of home site. Section 26152(d) attaches to whether the device is located on an interstate highway or a state highway crossing the California border, and states no distance.
• Confirm every out of home format is affixed to a building or permanent structure, under 4 CCR §15040(b).
• Exclude advertising signs within 1,000 feet of a day care center, K-12 school, playground or youth center, under §26152(g).
• Do not extend the facility list. Section 26152(g) names four facility types.
• Obtain the audience composition data before display for broadcast, cable, radio, print and digital communications, under 4 CCR §15040(a)(1), and retain it for production to the Department on request under §15040(d).
• Apply age affirmation before any direct, individualized communication or dialogue controlled by the licensee, under §26151(c) and 4 CCR §15041.
• Check the local ordinance for every city and county in the campaign footprint. Under §26200, local rules may be more restrictive, and under §26030 a local breach is grounds for state licence discipline.

One advertising rule set. Chapter 15 does not distinguish between medicinal and adult-use cannabis, and the same requirements apply to a medicinal retailer and an adult-use retailer.

One provision differs by programme. Under §26153(b), donation of cannabis or cannabis products to a patient or primary caregiver pursuant to §26071 is not a business promotion and is not subject to the giveaway prohibition at §26153(a).

Under Business and Professions Code §2525.5, which sits in Division 2 rather than Chapter 15, a person shall not distribute any form of advertising for physician recommendations for medical cannabis in California unless the advertisement bears a prescribed NOTICE TO CONSUMERS statement concerning the Compassionate Use Act and the federal Schedule I status of cannabis. Such advertising must also meet the requirements of §651, and price advertising may not use bait, discounts, premiums or gifts. The provision applies to the person distributing the advertising.

Section 26152 applies to a person engaged in commercial cannabis activity, whether licensed or unlicensed. Under §26152.2, civil penalties are up to $5,000 per violation by a licensee and up to $30,000 per violation by a person engaged in commercial cannabis activity without a licence.

Who regulates hemp here

Industrial hemp advertising is governed by Health and Safety Code §111926, not by Chapter 15 of the Business and Professions Code. 4 CCR §15040 is a cannabis regulation promulgated under the Business and Professions Code and does not apply to industrial hemp products.

Non-intoxicating hemp and CBD

Permitted, subject to the Sherman Food, Drug, and Cosmetic Law and the advertising prohibitions at §111926(b). Under §111926(c), advertising placed in broadcast, cable, radio, print or digital communications may only be displayed where at least 70 percent of the audience is reasonably expected to be 18 years of age or older.

Intoxicating hemp-derived cannabinoids

Under §111926(b), a manufacturer or seller of industrial hemp products shall not advertise or market in a manner that directly targets children, or persons who are pregnant or breastfeeding; is on a billboard or similar advertising device located on an interstate highway or on a state highway which crosses the California border; is intended to encourage persons under 21 years of age to consume industrial hemp products; is attractive to children; or is on an advertising sign within 1,000 feet of a day care center, school providing instruction in kindergarten or any grades 1 through 12, playground, or youth center. The federal definition of hemp narrows in November 2026.

What it means for advertising

A cannabis product advertised by a licensee falls under Chapter 15 and 4 CCR §15040, carrying the license number requirement, the 71.6 percent threshold and the prohibition on images of anyone under 21. An industrial hemp product falls under Health and Safety Code §111926, carrying a 70 percent threshold measured against 18 rather than 21, and no equivalent casting prohibition. Under §111926(d), a violation of §111926 is subject to the requirements, fines, and penalties of §26152.2 of the Business and Professions Code. Section 111926 was amended by Senate Bill 1498 (SB 1498) effective January 1, 2025, and is superseded on January 1, 2028 by a further amendment enacted in AB 8.

Every statement on this page traces to one of the following:

• Business and Professions Code Division 10, Chapter 15, Advertising and Marketing Restrictions, §§26150 to 26156, as amended by AB 8 effective January 1, 2026
• Department of Cannabis Control, Medicinal and Adult-Use Cannabis Regulations, revised January 1, 2026, including 4 CCR §§15040, 15040.1, 15040.2 and 15041
• Business and Professions Code §26152.2 as amended by AB 1170, effective January 1, 2026
• Business and Professions Code §§26030, 26071, 26153, 26153.1, 26154 and 26200
• Business and Professions Code §2525.5, advertising for physician recommendations for medical cannabis
• Health and Safety Code §111926, industrial hemp labeling and advertisement, as amended by SB 1498 effective January 1, 2025
• Department of Cannabis Control notice regarding billboard advertisements on interstate and state highways, January 22, 2021
• Department of Cannabis Control guidance on products attractive to children