Marijuana Law Violations: Exploring the Legalities of Weed Marketing

As more states legalize medical and recreational cannabis use without the blessing of federal law, complying with marijuana law is trickier than ever. Companies such as Trulieve that wish to market cannabis collections must follow strict guidelines.

2020 Marijuana Ballot Measures

During the 2020 election, marijuana use was on the ballot in several states. Recreational use of marijuana has been approved by voters in Arizona, Montana, New Jersey, and South Dakota. These states follow in the footsteps left by Colorado and Washington state in 2012, which first approved recreational marijuana use in 2012.

In Mississippi and South Dakota, marijuana has been approved for medicinal purposes. (Yes, that means South Dakota voted on both recreational and medical marijuana use in the same election—the first state to do so.)

Now, only 15 states continue to outlaw marijuana in any form. Notably, President–Elect Joe Biden has committed to the decriminalization of cannabis use, as well as expunging prior convictions.

“What’s holding back too many people of color—in finding a good job or starting a business—is a criminal record that follows them every step of the way,” said Biden in a July speech in Wilmington, Delaware. “Getting caught for smoking marijuana shouldn’t deny you a good-paying job and career, a loan, or ability to rent an apartment.”

A Look at Marijuana Law in California

California NORML is a non-profit organization dedicated to California marijuana law reform. The group’s website highlights Prop. 64, which was passed by voters in November of 2016 and is known as the Adult Use of Marijuana Act (AUMA). The law allows adults age 21 and older to have, privately use and give away up to one ounce of cannabis and to grow a maximum of six plants for personal use at their home.

In addition, California state-licensed facilities have been able to legally sell, distribute and produce cannabis for adult use since Jan. 1, 2018, even though local governments are allowed to restrict or prevent marijuana businesses within their jurisdiction.

Marijuana Advertising Laws

Even in states where recreational marijuana use is legal, very few billboards advertise it. For starters, children are apt to see such ads, and no company wants to be accused of marketing marijuana to kids. Secondly, the federal government still prohibits the use of cannabis products.

Many legally owned and operated dispensaries depend upon social media sites to market their wares. Informational posts may include advice regarding the different types of cannabis, how much may be therapeutic, and whether it can be inhaled or ingested with other herbs or medications.

After the passing of Prop. 64 in California, new laws regulating the advertising of marijuana products went into effect. For example, Leafly.com says that California law mandates marijuana advertising through any television, radio, print or digital outlet is only allowed “where at least 71.6 percent of the audience is reasonably expected to be 21 years of age or older, as determined by reliable, up-to-date audience composition data.”

Non-Compliant Dispensary Marketing

Even though recreational marijuana is legal in California, the state requires companies to follow marijuana advertising laws. Cannabis products are not allowed to be advertised on billboards that sit on highways that cross the board of another state.

Marijuana can’t be advertised on a sign located within 1,000 feet of a daycare center, any school with students up through and including the 12th grade, a playground, or youth center.

TCPA Violations

Some marijuana dispensaries may use SMS text messaging to reach a large number of people at once. Like all businesses, marijuana dispensaries must abide by the Telephone Consumer Protection Act (TCPA), which prohibits sending mass texts through an automated dialing system without first receiving written consent from the text’s recipient.

Trulieve is a licensed medical cannabis provider headquartered in Florida with locations in California, Massachusetts, and Connecticut.

One of the ways Trulieve gains access to cell phone numbers is by asking customers to text a “store code” to a designated phone number to join the company’s “Truliever” loyalty program for discounts.

In addition to following each state’s marijuana advertising laws, dispensaries also must also follow federal TCPA regulations.

Cannabis companies may turn to bothersome or illegal marketing tactics in an attempt to reach new consumers. The increasing use and sale of marijuana have led the marijuana industry to blossom. Now, 33 states and the District of Columbia have updated marijuana law to allow the sale and use of medical marijuana. Ten states, as well as the District of Columbia, allow both medical and recreational use and sale. Forbes explains that this growth will likely continue — perhaps around 14 percent over the next six years.

Companies like Trulieve may be trying to reach consumers through telemarketing texts, calls, and voice mails. Some companies may knowingly violate the TCPA, which regulates these messages if they think the messages could result in a new sale.

Text message marketing may be particularly of interest to companies wanting to reach their tech-savvy demographic. According to Forbes, 45 percent of all cannabis users are between the ages of 25 and 44. 

Unfortunately for consumers, advancing technology has made it easy to reach thousands of consumers at once, dialing numbers and sending informal messages en masse and automatically with an autodialer. If you received a general, impersonal message from a cannabis seller, it was likely sent using an autodialer. Especially for an industry like cannabis, that already faces so many advertising restrictions, mass text message marketing may be a valuable tool. 

Filing a Trulieve Lawsuit

If you received text messages, robocalls, or ringless voice mails from Trulieve, you may qualify to participate in a Trulieve lawsuit investigation. Miami New Times reported on a lawsuit filed by a man who claims that Trulieve violated the TCPA by sending him spam messages without his consent.

Like all companies that market their wares to consumers, Trulieve is required to follow marijuana advertising state and federal laws regarding telephone privacy protections.

Filing a lawsuit can be a daunting prospect, so Top Class Actions has laid the groundwork for you by connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation. Pursuing litigation not only helps enforce the regulations of the TCPA and holds companies responsible for their practices, but can also provide compensation for those affected by these violations. Violations of the TCPA can result in a fine of $500 to $1,500 per violation.

Join a Free Marijuana Dispensary Unwanted Text Messages Lawsuit Investigation

If you received an unsolicited text message, ringless voicemail, robocall, and/or a call with a pre-recorded voice from a marijuana dispensary, you may be able to join a FREE marijuana dispensary unwanted text message class action lawsuit investigation.

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This article is not legal advice. It is presented
for informational purposes only.