Operators say that Ohio has some of the tightest restrictions in the country on marketing and advertising for legal cannabis.
Regulators have been adamant that they don’t want Ohio to look like Michigan, where colorful billboards for marijuana dispensaries pepper highways and main roads.
Ohio businesses don’t necessarily want that, either, but they believe that there should be some middle ground between what Michigan does and where Ohio is now.
“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, told Crain’s. “We’re optimistic the regulators will find a happy medium of an appropriate way to market the cannabis industry.”
What cannabis companies can say or show when it comes to ads and promotions is extremely limited. And any messaging that is permitted must be approved by regulators first, which can be a cumbersome process of its own.
Slang terminology is not allowed, for example, as well as referring to the market for adults 21 and older as anything besides “non-medical”— so no one can actually refer to a rec market in messaging.
Meanwhile, online ads are restricted, and commercials on TV or radio are forbidden.
Even signage outside a dispensary is heavily limited. Most stores are allowed only to have signs with their names, and they can’t explicitly say “marijuana.”
Until recently, companies were not permitted to sell merchandise with their names on them. What can be on items like hats and T-shirts is restricted, but it’s still something for companies like Klutch, which is rolling out Cookies-branded apparel following a partnership inked with that global brand.
This frustrates cannabis companies that yearn to be regulated similarly to the alcohol industry — the campaign behind Issue 2 was known as the “Coalition to Regulate Marijuana Like Alcohol,” after all — which is not prevented from advertising on billboards or selling clothes with Budweiser or Corona logos.
In the run-up to the launch of adult-use sales, a handful of companies were hit with fines for breaking DCC’s advertising rules. Some cases involved dispensaries offering food outside their stores, which current rules do not permit.
Companies are looking for regulators to loosen some of these restrictions. One request is to eliminate the need to secure DCC approval for anything that might fall into advertising or marketing and to just have businesses comply with guidelines set forth, or face repercussions as necessary.
“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,” Haren told Crain’s. “And while that is not a problem unique to cannabis, what is unique are the restrictions placed on content and the medium of advertising.”
Advertising is all the more important because of the still-early stage of Ohio’s marijuana program. Businesses bemoan that the average consumer is still not even aware that Ohio has a functioning adult-use program or that there might be a dispensary close to them.
Rayburn estimates that some two-thirds of cannabis consumers are unaware of the availability of legal marijuana at licenses Ohio shops.
General awareness of the program and public acceptance of it, Bowling said, are two of the greatest headwinds to the Ohio industry right now. Removing some of the restrictions on marketing and advertising could help address this.
“People don’t know there are dispensaries out there and that you can go buy safe, tested, regulated cannabis from them,” Bowling said. “The acceptance piece is a long-term game that will come with time.”
Intoxicating hemp

Separately from regulatory rules that DCC will put in place, licensed marijuana operators are hopeful that lawmakers will move to restrict the availability of so-called intoxicating hemp products.
These products include items like vapes, edibles or gummy candies purportedly infused with compounds like Delta 8 THC extracted from what may be legally grown hemp as well as what’s often marketed as hemp-derived THCA flower.
All of these items can be commonly found today at smoke or wellness shops, gas stations, and beer, wine and liquor shops. DoorDash will even deliver them.
Because of the lack of federal or state regulations around them, it’s possible that these products are mislabeled or otherwise not what they purport to be. Critics say they may even contain potentially harmful chemicals or additives.
There are also no prohibitions on who can purchase them, which raises concerns about sales of these products to minors.
Besides potential health risks, licensed marijuana companies assert that intoxicating hemp products actively undermine the industry for legal, regulated cannabis.
This is why “intoxicating hemp has to be dealt with,” Bowling said.
“There is no question that if this continues to exist, it will hurt the (legal marijuana) industry,” he said. “And there is no reason why a product line that is the only unregulated thing that I can come to think of should be allowed to exist out there. If people want hemp products to exist, then it should be treated exactly the same way as our regulated cannabis. It’s actually insane to me that it’s gone on this long.”
While Ohio is among a minority of states that have yet to regulate the sale of intoxicating hemp products, there seems to be some growing momentum behind changing that.
Ohio Gov. Mike DeWine has voiced concerns with hemp-derived products. And Rep. Matt Huffman (R-Lima), newly elected speaker of the Ohio House of Representatives, has backed the idea of regulating them and restricting their access, though the previous general assembly failed to pass any laws to that effect.
“If it has THC, whether it is from hemp or something someone created in a test tube in a laboratory, it should all be regulated the same way,” Huffman told Crain’s.
“Our caucus needs to decide how it is we want the system to go,” he added, noting that’s a work in progress. “I think we need to get it done before we leave in June (for summer recess). I think we can get it done.”