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State by State Background

Texas Cannabis Advertising Laws

Download the State By State Cannabis Ad Regulations Ebook

Texas State Advertising Regulations

In Texas, cannabis advertisements must include the dispensing organization’s license number in a font size equal to the primary text, as mandated by the Texas Department of Public Safety 37 Tex. Admin. Code 1, Chapt. 12. This requirement ensures transparency and regulatory compliance in advertising.

Additionally, licensees must adhere to all relevant local, state, and federal regulations covering a range of areas such as air and environmental quality, advertising, and safety standards. However, they are not required to comply with regulations that conflict with the Act or the specific provisions of this chapter.

Is CBD Legal in Texas?

CBD is legal in Texas as long as it is derived from hemp and contains less than 0.3% Delta 9 THC. The state follows the 2018 Farm Bill, which legalized hemp-derived products. However, consumers should note that the sale of CBD products is strictly regulated, and some local municipalities may have specific rules regarding the distribution and use of CBD products. Purchasing from trusted sources that provide third-party lab testing for product safety and potency is essential.

Is Delta 9 THC Legal in Texas?

Delta 9 THC is illegal for recreational use in Texas, except for medical use through the state's compassionate use program. This program allows patients with specific medical conditions to access low-THC cannabis products, including those containing Delta 9 THC. Recreational use and possession of Delta 9 THC remain prohibited under Texas law, and violations can result in criminal penalties.

Delta 9 THC Legal in Texas

Delta 9 THC is illegal for recreational use in Texas. However, individuals with a medical marijuana prescription through the state's compassionate use program can access Delta 9 THC products with low THC content. Recreational use remains prohibited, and any possession or distribution outside medical channels can result in criminal penalties.

Delta 8 THC Texas

Delta 8 THC is legal in Texas as long as it is derived from hemp and contains less than 0.3% Delta 9 THC. The 2018 Farm Bill legalized hemp-derived cannabinoids, and Delta 8 has gained popularity in the state. However, the legality of Delta 8 in Texas is subject to change, and consumers should monitor developments in state law.

Is CBN Legal in Texas?

CBN (Cannabinol) is legal in Texas, as it is derived from hemp and does not contain significant amounts of Delta 9 THC. CBN is increasingly available in various wellness products, especially those designed for sleep or anxiety. However, as with other cannabis-related products, consumers should verify that the product complies with both state and federal regulations.

OOH Advertising laws

(B)   Prohibited signs. Signs which are strictly prohibited are those which:

     (1)   Contain statements, words or pictures of an obscene, indecent or immoral character that will offend public morals or decency;

     (2)   Contain and or imitate an official traffic sign or signal or contain the words “stop”, “go”, “go slow”, “caution”, “danger”, “warning” or similar words of which could cause regulation of public traffic flow;

     (3)   Are of a size, shape, location, movement, content, coloring or manner of illumination which may be confused with or construed as a traffic control device or which hides from view any traffic or street sign or signal;

     (4)   Are not permanently or adequately attached to a building, an approved sign pole, or a structure, other than a portable sign with a special use permit as provided for herein;

     (5)   Have a revolving beam or beacon of light resembling any emergency vehicle;

     (6)   Advertise the sale of alcoholic beverages. This shall not prohibit use of established trade names of establishments (e.g., “Steak and Ale”);

     (7)   Advertise drink promotions (offering drinks for sale at a price reduced from the customary price during a specific period of the day such as “Happy Hour” for promotional purposes);

     (8)   Partially or completely obstruct the view of any signal light, traffic control sign, or other such device from any point in a moving traffic lane within 50 feet of and approaching such traffic control; and/or

     (9)   Constitutes, in the determination of the Chief of Police, an obstruction to view of operators of motor vehicles on public streets or entering such streets from private property.

(Ord. 2008-01, passed 7-17-2008)

§ 153.04 ILLUMINATED SIGNS.

  (A)   Illuminated signs shall be constructed and located so as to protect the general welfare of all citizens and the safety of the motoring public.

  (B)   The light from any illuminated sign shall be so shaded, shielded or directed that the light intensity or brightness will not be hazardous or objectionable to the adjacent or surrounding areas.

  (C)   No sign shall have blinking, flashing or fluttering lights or other illuminating device. Beacon or revolving lights shall not be permitted.

  (D)   No colored lights shall be used at any location or in any manner so as to be confused with or construed as traffic control devices.

  (E)   Neither the direct nor the reflected light from primary light sources shall create a traffic hazard to operators of motor vehicles on public thoroughfares.

  (F)   No exposed reflective type bulbs and no strobe lights or incandescent lamps exceeding 15 watts shall be used on the exterior surface of any sign so as to expose the face of the bulb, light or lamp, to any public street or adjacent property; however, illuminated signs which indicate such customary public services as time, date, temperature or other similar information may be permitted.

(Ord. 2008-01, passed 7-17-2008)

§ 153.05 OFF-PREMISES ADVERTISING SIGNS.

  (A)   Pole or billboard signs providing for off-premises advertising shall only be permitted in commercial or industrial areas of the city or in other specific areas authorized by the City Council.

  (B)   Off-premises advertising signs shall be set back from public rights-of-way a minimum distance of 20 feet.

  (C)   Off-premises advertising signs shall not be constructed or erected within public utility easements.

  (D)   The advertising display area or face of an off-premises billboard sign may project ten feet into the minimum distance setback of 20 feet from public rights-of-way and ten feet into public utility easements provided that the clearance from the ground to the bottom of the advertising display area structure is at least 20 feet.

  (E)   Off-premises billboard signs, where permitted, shall have a minimum spacing or lineal distance between signs of 1,320 feet, parallel to a road right-of-way.

  (F)   Off-premises pole signs shall have a minimum spacing or lineal distance between billboard signs and other pole signs of 660 feet per side, parallel to a road right-of-way.

Discounts / Promotions:

Allowed

Cannabis Ad Creative Guideline

  • Marijuana remains illegal in almost all contexts, and only three entities are authorized to dispense it for medical use under the Texas “compassionate use” law. Broadcasters should deal only with those entities and should not air advertisements that depict consumption of marijuana.
  • Broadcasters should avoid advertisements depicting consumption, suggesting illegal drug use, targeting children, or promising miraculous medicinal results that have not been adopted by the FDA.
  • Broadcasters should avoid advertisements for CBD products derived from any source other than legal hemp. Broadcasters should also ask advertisers to warrant the purity and THC content of their products—only hemp-derived products with Delta-9 THC in concentrations less than .3% are legal.
  • Broadcasters should only air advertisements for CBD processed by licensed manufacturers, from hemp grown by licensed producers, and sold by registered distributors. Where possible, broadcasters should obtain appropriate representations, warranties, indemnification, or other certifications from prospective advertisers as to those issues.
  • Synopsis:

    According to the Texas Department of Public Safety 37 Tex. Admin. Code 1, Chapt. 12 the following are the cannabis advertising laws in Texas:

    (l) All advertisements for functions regulated under the Act must contain the dispensing organization’s license number in a font of the same size as the primary text of the advertisement.

    (m) Licensees must comply with all applicable local, state and federal regulations and permitting requirements relating to air and environmental quality, advertising, business and occupancy, building, plumbing, electrical, fire safety, noise, and odor or other nuisances. This subsection does not require compliance with a regulation that conflicts with the Act or this chapter.

    Hemp CBD and THC State Rules

    Disclaimer

    Please note that we are not legal professionals, and the information provided in this article should not be interpreted as legal advice. We strongly recommend consulting with legal counsel to ensure compliance with all applicable laws and regulations.