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Companies look for some leeway with Ohio’s restrictive cannabis advertising rules

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These restrictions are among some of the various rules cannabis companies are hoping to see changed as regulators adopt official rules for the adult-use program, something that remains a work in progress.

“In today’s day and age where people are barraged with information—whether it’s advertising on your phone, social media sites, on your TV or driving down the street—it can be hard to break through to deliver your message,” said Tom Haren, spokesman for the OHCANN trade group. “And while that is not a problem unique to cannabis, what is unique are the restrictions placed on content and the medium of advertising.”

“It can be a struggle for Ohio operators to connect with prospective patients or customers,” he added, “because they’re indisputably more restricted than non-cannabis businesses in how they are permitted to advertise under current rules.”

What cannabis companies can say or show when it comes to ads and promotions is extremely limited, and messaging must be approved by regulators first. Slang terminology is explicitly forbidden, for example, as well as referring to the market for adults 21 and older as anything besides “non-medical.”

This dynamic also is why the public hasn’t seen any marijuana ads on billboards in Ohio—unlike Michigan, where motorists are bombarded with dispensary ads when driving into the state—or noticed any commercials on TV, radio or the internet.

While Ohio’s adult-use launch has been generally successful with nearly $55 million in non-medical sales recorded between Aug. 6 and Sept. 7, many operators believe that sales could be even better if marketing was less prohibitive.

“What we saw (with adult-use) was a nice lift in business—not the same as Massachusetts but better than what we saw in Connecticut—which has been nice,” said Peter Gallagher, CEO of Insa, a Massachusetts-based multistate operator with a dispensary in Willoughby Hills. “But I do think the marketing and advertising restrictions are holding back the market.”

The ribbon cutting at Amplify’s Coventry location in Cleveland Heights on Tuesday, Aug. 6. From left to right: Buckeye Relief CEO Andy Rayburn, Amplify Coventry general manager Marvin Keyes, Cleveland Heights Mayor Kahlil Seren and Ohio State Rep. Jamie Callender. / Photo by Gus Chan

Andy Rayburn, CEO of Buckeye Relief (which operates the Amplify retail brand) and president of the OHCANN, said that he expects the Ohio market to continue to grow not just as prices come down but as the public becomes more familiar with the industry.

“The main factor there is that we do not feel that the majority of the consuming market knows that there are legal marijuana products available at legal dispensaries,” he said, noting that a lot of awareness in the public is spreading right now through media and word of mouth. “We think the knowledge base is still building and has a long way to go.”

In terms of the prevalence of billboards, operators don’t necessarily want Ohio to look like Michigan. And regulators certainly don’t. Yet companies would like to see some kind of middle ground between current prohibitions and a free-for-all.

“Advertising is important to create awareness in a new industry, but nobody wants to hit a barrage of billboards like you see crossing into Michigan,” said Jason Erkes, spokesman for Cresco Labs, a Chicago-based multi-state operator behind the Sunnyside brand of dispensaries. “We’re optimistic the regulators will find a happy medium of an appropriate way to market the cannabis industry.”



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Smart & Safe Florida Reveals $5M Ad Campaign To Amp Up MJ Legalization Support

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With just shy of six months to go until Election Day, the campaign to legalize recreational cannabis in Florida is kicking into high gear as sponsor Smart & Safe Florida announced the release of a batch of new ads aimed to educate voters on the amendment and increase support.

According to a news release from Smart & Safe Florida, four ads are set to air statewide across broadcast, cable, streaming, radio and digital platforms.

The ads feature a variety of Floridians, including mothers, business professionals and a former law enforcement officer and Vietnam War veteran, speaking in favor of Amendment 3 and explaining why residents should have the freedom to consume safe and regulated cannabis.

Smart & Safe Florida spent $5 million on the ad campaign.

Florida’s New Recreational Weed Ad Campaign: A Closer Look

The four ads touch on many of the same themes, though each has its own unique focus surrounding why Florida voters should support Amendment 3 this November.

The “Freedom” ad features retired U.S. Army Col. Wilson Barnes, who references the current policies as “outdated,” costing many Floridians their freedom while highlighting his military service as a means to defend that freedom. 

The “Available” ad primarily highlights the current abundance of illicit cannabis in the state and the potential dangers of consuming unregulated and untested products. The “Clear Choice” ad poses a “no” vote on Amendment 3 as a means to continue allowing “cartel criminals to profit from illegal marijuana laced with toxic chemicals and dangerous drugs” and a “yes” vote as providing more consumer safety.

The “Vote Yes” ad is the only full-minute clip and touches on most of the points of the other three 30-second ads. All of the advertisements also note that the amendment would provide more freedom for residents and generate revenue for schools, police and safer communities.

“A yes vote on Amendment 3 will improve the health and safety of Floridians,” the news release states — a similar message to the verbiage utilized in the four advertisements. “Access to regulated adult-use marijuana would help prevent illicit cartel-trafficked marijuana from making its way into Florida, as well as allow law enforcement to focus on violent crime. Without regulation, these products can be laced with dangerous materials including heavy metals, pesticides, glass, heroin, fentanyl and other illegal substances.”

Upping the Ante and Closing Gaps for Approval

The amendment was approved for the ballot early last month after the Florida Supreme Court ruled that the challenges from Attorney General Ashley Moody — who argued that the measure was misleading and doesn’t inform voters about federal prohibition — were invalid.

A “yes” vote on Amendment 3 supports legalizing adult-use cannabis and permitting possession of up to three ounces of flower and up to five grams of concentrate, and a “no” opposes adult-use legalization and all it would pertain.

The campaign comes after recent polling suggesting that support for legal recreational cannabis in Florida is strong, but may not be enough to actually pass the amendment come Election Day.

In Florida, measures must gain 60% support in order to pass. 

A recent USA Today/Ipsos survey found that 56% of registered Florida voters, and 49% of Florida adults overall, support the measure. Another poll released earlier this month also falls short of the required threshold for approval, finding that 58% of Florida voters support legalizing adult-use cannabis.

“A smart and safe Florida means a regulated marijuana market where Floridians no longer need to turn to illicit cartel-trafficked products on the streets,” said Smart & Safe Florida spokesperson Morgan Hill. “More than half of Americans already enjoy access to safe, regulated marijuana, and we believe Floridians deserve that same freedom. Our campaign in support of Amendment 3 is in full swing, and we’re excited to continue connecting with voters through to November.”



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