The Social Media Compliance Guide For Cannabis Operators

Social media went from an eccentric hobby for narcissists to an essential business marketing tool. The regular business world leverages social media to announce sales, promote products, and get people connected with the brand identity. For cannabis, however, that is all out the window until federal legalization. Due to cannabis being currently classified as a Schedule I controlled substance, most social media platforms err on the side of caution, and their terms of service do not allow direct sales or implication of sales on their platforms. Typical social platform terms of service have some language about not soliciting illegal substances. While cannabis is legally regulated in many states, these platforms conform to national levels of legalities. These platforms do indeed crack down on cannabis brands. It’s common for large cannabis brands to get their accounts shut down with little notice. Before being able to purchase blue checks, it was a difficult process for any cannabis brands to get verified, including celebrity-owned or national MSO brands. It’s commonplace for posts to be shadowbanned and removed and for brands to get buried under the ban hammer.   

That leaves cannabis operators in a conundrum- they must leverage social media platforms to reach their audience, but they cannot imply the sale of the products they are selling.  

This is indeed a tightrope walk, but social media is so ingrained in our culture that it is necessary for successful operations. Social media changes quickly and can be a moving target, but there are some general unspoken guidelines that we want to talk about to keep your accounts safe.  

 

Do Not Post Pricing 

Hard and fast- the first rule of social media is you don’t talk about social media pricing. The most common way for accounts to get flagged for selling illicit substances is by posting pricing of any kind.  

This statement includes: 

  • Literal pricing, with numbers or spelled out. E.g., “Full ounce for $200” or “ounces for two hundred dollars” 
  • Promotional pricing, e.g., “Buy one ounce, get a pre-roll for a penny” or “900MG edible hot sauce now buy one, get one half off” 
  • Tier pricing talk, e.g., “top shelf flower at mid-shelf pricing” or “this week only, rosin grams priced at shatter gram tier” 
  • Imagery with or of pricing, e.g., drawing or creating pricing assets in social posts to leave it out of the copy  

If a cannabis brand discusses product pricing publicly on social media, it may be misconstrued as unregulated sales of an illicit product. That in itself is more than enough to, at a minimum, get the post removed, if not your entire account removed.  

 

Link in the Bio 

It’s not just for influencers selling live pearls in self-shuck oysters- use the link in your profile bio or info as much as possible. Ensuring a live link to your website and touchpoint(s) gives the social media manager to point to for answering questions. For example, as we learned in the previous point, you cannot talk about pricing on social media. You will, however, experience users asking in comments or in DMs about pricing- that is inevitable. This is where the best compliance trick comes in- refer the user to the link in your bio.  

For example, if you post an image of an edible on your page and you get a user question of “How much are these?” you should answer that question to drive positive sentiment. Ghosting people is not a good look. You can’t directly say, “This is $20,” as that breaks the first rule, but you can say, “All our information is in the link in our bio,” to point to the right outlet.  

You should not say, “Pricing is in the link in our bio,” or “Pricing on our website,” but pointing toward the link for all answers covers your bases. Language around “you can find out on our website, link in bio” remains compliant and truly helpful.  

 

Like Nailing Jelly to a Link-Tree 

Several options exist within the link in your bio to create resources for your social visitors. One method that we particularly like is systems like Linktree. Linktree creates a list of key links accessible in one mobile-optimized menu.  

For dispensaries, for example, a strong Linktree will include: 

  • Link to the dispensary’s official website 
  • Link to the dispensary’s listing on Weedmaps 
  • Link to the dispensary’s listing on Leafly 
  • Link to the dispensary’s Facebook page 
  • Link to the dispensary’s Instagram page  

Some dispensaries may also take this space to showcase their creativity with links to curated playlists or information on their favorite cannabis social equity organizations.  

To be cautious, we suggest not labeling any link as ‘pricing’ or anything along those lines. Instead, list your menus as ‘X Dispensary on Weedmaps.’ This does not directly imply sales, even though a Weedmaps listing would include availability, pricing, and in some circumstances, online ordering.  

This is best used by retailers who are diligent about their online menu and website updates. Sophisticated software is typically built ready to integrate with menus and maintain nearly live product updates. Open API software systems make it accessible and easy to connect with menu services, marketing tools, and more things operators can leverage to support their online presence. Weedmaps, to continue this example, has been integrated with MJ Platform since 2016 and continues to allow dispensaries to have consistently up-to-date menus on Weedmaps. 

 

Influencers Under the Influence 

For typical brands, if they receive unsolicited user-generated content featuring their product in a positive light, that content gets liked, shared, or generally some engagement. Since cannabis consumption may imply using a Schedule I classified drug, it’s best practice not to share consumption content. Consumption is typically classified as content that shows smoke. This includes smoke billowing inside a bong, smoke coming off a lit pre-roll (even if it’s not being held), or a cloud of smoke paired with branding or paraphernalia. There is typically a grey area with edibles and topicals, so fortunately, these brands don’t need to be as vigilant.  

The argument against consumption may consist of concerns over safe usage, showcasing drug use when the ‘drug’ in question is a classified Schedule I drug, and overall legality concerns. If a platform also has predominantly under 21 users, it may be putting drug consumption content into the feeds of children. With cannabis considered federally a Schedule I drug, public platforms must be very careful in addressing it.  

Flower, vape, concentrate, and pre-roll brands should typically leave a like as a thank you in any consumption content they are tagged in but should avoid sharing. They, and all cannabis brands, can, however, share content that features non-medicated merch like shirts or stickers. Content that does not show or imply consumption are also great- flower and concentrate brands can share macro shots that feature their beautiful high-quality cannabis. This is also an area where merch can do some heavy lifting when it comes to a social presence.  

 

For the Win 

A classic strong driver to earn new followers on social is to run a giveaway- every brand does it, and it brings in high engagement and helps the algorithm. Cannabis brands cannot run social giveaways on medicated items. In the same sense that medicated freebies or samples must be priced at a penny, a brand cannot gift medicated items for free and certainly can’t on social media. The strong pivot here is to invest in freebies and swag to give away on social media. This can range from basic hats and shirts to larger, more enticing prizes like bongs or a branded bomber jacket. Edible brands that focus on infused soda can give away a branded mini-fridge for their products, and concentrate brands can give away handblown dab rigs- there are many options to feature the brand while remaining compliant. These freebies and coveted prizes can also drive great user-generated content after they’ve been released in the wild.  

 

Don’t Sleep on the Legal Line 

Some states require that all cannabis advertising include a safety statement (e.g., this product is for use only by adults 21 years of age or older) or have the license printed somewhere in a legible font. Whatever the print or outdoor advertising requires should also be used in practice with social media posts. Keeping the legal line present in the asset is ideal, but having any legal lines in the post copy and user bio also works. User bios can also include a statement similar to ‘nothing for sale’ to indicate further they are NOT presenting as trafficking illicit products.  

 

MJ Platform has been in cannabis since 2010 and has seen the legalization wave affect how social media treats cannabis accounts. We have been servicing the cannabis industry since the beginning of the green wave, and we invented the Seed-to-Sale tracking system for business optimization. While we can’t guarantee your social will stay compliant (although you have great odds with this guide), we can guarantee your operation’s compliance.  

For a live, personalized demo of our open API software that is built to grow with you, click here, and we’ll set you up with a seasoned cannabis expert.