California Cannabis Advertising Laws

Shall not use any images that are attractive to children, including, but not limited to:

(A) Cartoons;

(B) Any likeness to images, characters, or phrases that are popularly used to advertise to children;

(C) Any imitation of candy packaging or labeling; or

(D) The terms "candy" or "candies" or variants in spelling such as "kandy" or "kandeez."

Shall not advertise free cannabis goods or cannabis accessories. This includes promotions such as:

(A) Buy one product, get one product free;

(B) Free product with any donation; and

(C) Contests, sweepstakes, or raffles.

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Recreational Marijuana

(a) Any advertising or marketing, as defined in Business and Professions Code section 26150, that is placed in broadcast, cable, radio, print, and digital communications:

(1) Shall only be displayed after a licensee has obtained reliable up-to-date audience composition data demonstrating that at least 71.6 percent of the audience viewing the advertising or marketing is reasonably expected to be 21 years of age or older;

(2) Shall not use any depictions or images of minors or anyone under 21 years of age;

(3) Shall not use any images that are attractive to children, including, but not limited to:

(A) Cartoons;

(B) Any likeness to images, characters, or phrases that are popularly used to advertise to children;

(C) Any imitation of candy packaging or labeling; or

(D) The terms "candy" or "candies" or variants in spelling such as "kandy" or "kandeez."

(4) Shall not advertise free cannabis goods or cannabis accessories. This includes promotions such as:

(A) Buy one product, get one product free;

(B) Free product with any donation; and

(C) Contests, sweepstakes, or raffles.

(b) In addition to the requirements for advertising and marketing in subsection (a), all outdoor signs, including billboards, shall:

(1) Be affixed to a building or permanent structure; and

(2) Comply with the provisions of the Outdoor Advertising Act, commencing with section 5200 of the Business and Professions Code, if applicable.

Medical Marijuana

‍(a) A person shall not distribute any form of advertising for physician recommendations for medical cannabis in California unless the advertisement bears the following notice to consumers:  

NOTICE TO CONSUMERS: The Compassionate Use Act of 1996 ensures that seriously ill Californians have the right to obtain and use cannabis for medical purposes where medical use is deemed appropriate and has been recommended by a physician who has determined that the person’s health would benefit from the use of medical cannabis. Recommendations must come from an attending physician as defined in Section 11362.7 of the Health and Safety Code. Cannabis is a Schedule I drug according to the federal Controlled Substances Act. Activity related to cannabis use is subject to federal prosecution, regardless of the protections provided by state law. (b) Advertising for attending physician recommendations for medical cannabis shall meet all of the requirements in Section 651. Price advertising shall not be fraudulent, deceitful, or misleading, including statements or advertisements of bait, discounts, premiums, gifts, or statements of a similar nature.

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OOH Advertising laws

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9.02 Outdoor Advertising

Pursuant to Sections 90 and 92 of the Streets and Highways Code, Caltrans shall have full possession and control of all State highways, and all property and rights in property acquired for State highway purposes. Caltrans may do any act necessary for the improvement and maintenance or use of all highways under its jurisdiction. Although the Streets and Highways Code bestows Caltrans with discretionary authority over all State highway property, the OAA bestows only a ministerial enforcement authority over the placement and visibility of off-premises commercial advertising displays adjacent to the SHS. It is unlawful for ODA to advocate for or against the placement of any outdoor advertising display. ODA does not regulate advertising content; only the placement and visibility of commercial advertising display structures for compliance with the OAA and Federal requirements. Complaints about the content of advertisement on a display should be directed to the display owner.

To promote the safety of the traveling public, preserve capital investment, and protect the scenic beauty of adjacent property, statutory and regulatory limitations have been placed on the use of SHS right-of-way; specifically, regarding commercial advertising. The OAA declares outdoor advertising necessary to promote public health and safety and is considered a legitimate commercial use of property adjacent to roads and highways. For additional information, refer to Section 5226 of the Business and Professions Code.

However, pursuant to Section 5403(a) of the Business and Professions Code, it is unlawful to place an advertising display of any kind within, under, or over any State highway right-of-way, which includes, but is not limited to, unpaved shoulders, highway construction zones, or any other right-of-way or easement laid out and intended for the public passage of vehicles or persons.

There are specific instances where on-premises signage is permitted within the State highway right-of-way. Refer to Chapter 500, Section 501.3 of the Caltrans’ Encroachment Permit Manual for information relating to the on-premises advertising displays allowed along State highway right-of-way. In addition, refer to Volume 1, Chapter Y of the Caltrans’ Maintenance Manual for additional Encroachment Permit information. All other advertising signs/boards are not allowed in the State highway right-of-way, and are considered illegal displays, and considered to be a public nuisance under Section 5461 of the Business and Professions Code.

ODA allows and administers permits for off-premises, revenue generating advertising displays placed on private property within 660 feet from the edge of the State highway right-of-way and visible from the SHS. Advertising displays that require an ODA permit must adhere to size, spacing, and zoning standards to minimize driver distraction and preserve the scenic beauty of the highways. ODA has been issuing permits for advertising displays since 1933 and those permits are compensable property rights valid for the life of the display. Current permitting standards were established with the Highway Beautification Act of 1965 (HBA) and the signing of the Federal-State Agreement of 1968. Therefore, there are many lawfully permitted advertising displays that do not conform to current permitting standards and are considered legal non-conforming displays.

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CBD State Legality - Fully legal

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However, hemp-derived CBD edibles are not legal in the state.  All consumable hemp products with any detectable amount of THC is banned