Marijuana dispensaries are a growing industry in several states across the U.S. where the drug has been legalized for medical or recreational use. Now that marijuana is being regulated by states and sold by traditional retailers, some dispensaries may be struggling to determine how to comply with local and federal laws. According to consumer complaints, some marijuana dispensaries may be violating privacy and advertising laws by using text message marketing to reach potential customers.
What Is a Marijuana Dispensary?
Marijuana dispensaries are state-licensed retailers that sell medical or recreational marijuana products. These retailers are regulated by local laws, and offer a variety of different strains and dosages of cannabis.
Although marijuana is still illegal on a federal level, it has been legalized in many states. In some states, marijuana has been legalized for medical use only, and consumers must obtain a medical marijuana card in order to purchase the drug. In other states, the drug has been legalized for recreational use, meaning anyone over a specified age may purchase it.
Medical vs. Recreational
In 1996, California became the first state to legalize marijuana for medical use. Over the past several decades, many other states have followed suit. In states that have legalized marijuana for medical use, consumers must be given a medical marijuana card by a doctor after being diagnosed with a qualifying condition. Each state has its own list of qualifying conditions. Common conditions that may qualify consumers for a medical marijuana card include ADHD, HIV/AIDS, anorexia, cancer, epilepsy, glaucoma, and PTSD.
In some states, the list of qualifying conditions is short, and it may be difficult to obtain a card. In other states, consumers have reported it being fairly easy to become qualified for medical marijuana.
As of October 2020, marijuana has been fully legalized in 12 states, including Alaska, California, Colorado, the District of Columbia, Illinois, Maine, Massachusetts, Michigan, Nevada, Oregon, Vermont, and Washington. In these states, anyone may purchase the drug for recreational use. In most states that have legalized marijuana, consumers must be at least 21 in order to purchase the drug for recreational use, and at least 18 to obtain a medical marijuana card and purchase it for medicinal use.
How Do Marijuana Dispensaries Work?
Marijuana dispensaries operate similarly to other retail stores. These retailers may employ people who are knowledgeable about the product and can offer advice or suggestions to consumers. In addition to selling marijuana buds and flowers for smoking, these retailers may also offer marijuana edibles and other products. Common marijuana products include infused candies or cookies, vapes, tonics, or lotions.
Although dispensaries are regulated similarly to other retailers, they may be bound by additional laws regarding the ways that they may advertise their products. Similarly to how nicotine and alcohol retailers are barred from advertising these products to children, marijuana dispensers must also comply with the law when it comes to advertising.
How Is Marijuana Dispensary Advertising Restricted?
In many states, marijuana retailers are prohibited from using imagery in ads that may appeal to minors, such as cartoon or movie characters. Other states prohibit images of marijuana consumption, claims about curative effects, or promotion of overconsumption.
Additionally, many states prohibit marijuana advertising that is likely to be seen or heard by children. This may limit dispensaries’ abilities to advertise their products through radio, television, or print advertisements. Instead, dispensaries may need to come up with creative and discreet ways of marketing. In order to reach potential customers directly, some dispensaries may have turned to targeted text message advertising.
However, dispensaries are still bound by consumer privacy and protection laws. One of these laws, the TCPA, prohibits retailers from contacting consumers with unsolicited text message advertisements.
Are Marijuana Dispensaries Covered by the TCPA?
The Telephone Consumer Protection Act prohibits retailers from harassing consumers through robocalls or text messages, unless they have the consumer’s prior express consent to be contacted. Despite this law, some consumers have reported receiving unwanted marijuana dispensary text message coupons or ads. Although consumers may be able to opt out of receiving these messages or register their number with the Do-Not-Call List, retailers should not be contacting consumers without their consent in the first place.
Multiple consumers have already filed class action lawsuits against dispensaries that they claim are violating consumer protection laws by sending unwanted automated advertising text messages.
If you have received unwanted text messages from a marijuana dispensary, you may be eligible to speak with an experienced attorney about your legal options. In some cases, victims of TCPA violations may be able to pursue between $500 and $1,500 for each unsolicited text message or phone call by joining or filing a class action lawsuit.
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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