What are the laws related to cannabis advertising in Canada?

Any person or entity who participates in promotional activities related to cannabis, a cannabis accessory or a service related to cannabis in Canada. This includes those who:

• produce, sell, or distribute cannabis;
• sell or distribute cannabis accessories;
• provide cannabis-related services; or
• publish, broadcast, or disseminate promotion on behalf of other persons (such as radio and TV broadcasters and print or online publishers)

Yes. It is prohibited to publish, broadcast, or disseminate on behalf of another person, any promotion that is prohibited by any of sections 17 to 22.

Offences related to Section 17-42 of the Cannabis Act, including prohibited promotions, appeals to young persons, prohibited packaging and labelling, making false or misleading statements, etc. are punishable by:

• Up to $5,000,000; or
• Imprisonment for a term not more than 3 years; or
• Both a fine and imprisonment.

The Cannabis Regulations contain the following prohibitions applicable with respect to paragraphs 17(2)(b) and (3)(b):

• Promotions are not allowed in any place where young persons are permitted, nor any place where a young person may hear or see the promotion.
  • It is prohibited to promote cannabis, a cannabis accessory or a service related to cannabis under paragraphs 17(2)(b) and (3)(b) of the Cannabis Act in such a manner that the promotion may be audible or visible from outside a place where young persons are not permitted by law (section 104.17 of the Cannabis Regulations)
• Promotions are not allowed if they are distributed to the general public without verification that the recipient is of legal age.
  • Promotions may only be distributed in a communication that is addressed and sent directly to an individual who is 19 years of age or older in Ontario, and is identified by name; OR communicated by means of a telecommunication, where the person responsible for the content of the promotion has taken reasonable steps to ensure that the promotion cannot be accessed by a young person.
  • For example, mass communications through radio or television, or a flyer mailing that is NOT specifically addressed to a person over the legal age is NOT allowed.

For more information, see the Health Canada summary

The following types of promotions are NOT allowed under the Federal Cannabis Act:

• Billboard advertisements
• Bus shelter or bus advertisements
• Newsletters or flyers
• Newspaper advertisements
• Mass media communications such as television or radio advertisements
• Postcards or other home mailings that are NOT addressed to someone over 19 years of age in Ontario
• Advertisements in event centres or places of business in Ontario where youth under age 19 are permitted to enter
• Social media or website advertisements that are not age-restricted (there must be reasonable efforts to verify that individuals accessing the information are 19 years of age or older in Ontario).

For more information, see the Health Canada summary

• Under the Federal Cannabis Act, it is prohibited to promote cannabis or a cannabis accessory or any service related to cannabis in any of the following ways:
  • information about its price or distribution;
  • promoting in way that may be appealing to young persons;
  • by means of a testimonial or endorsement;
  • by means of the depiction of a person, character; or animal, whether real or fictional; or
  • by presenting cannabis or any brand elements in a manner that associates it with, or evokes a positive or negative emotion about or image of, a way of life such as one that includes glamour, recreation, excitement, vitality, risk or daring. [Subsection 17(1)]
• Cannabis or a cannabis accessory cannot be promoted in a manner that is false, misleading or deceptive or that is likely to create an erroneous impression about its characteristics, value, quantity, composition, strength, concentration, potency, purity, quality, merit, safety, health effects or health risks.

For more information, see the Health Canada summary

According to Subsection 17(2) of Cannabis Act, a person that is authorized to produce, sell or distribute cannabis may promote cannabis by means of informational promotion or brand-preference promotion, ONLY if the promotion is:

• in a communication that is addressed and sent to an individual who is 19 years of age or older in Ontario and is identified by name;
• in a place where young persons are NOT permitted by law; or
• communicated by means of a telecommunication, where the person responsible for the content of the promotion has taken reasonable steps to ensure that the promotion cannot be accessed by a young person.

For more information, see the Health Canada summary

To report violations or non-compliance of the Cannabis Act regulations, use the Health Canada Cannabis Reporting Form