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Keeping It Compliant: A Guide to Cannabis Email Marketing

Compliance in cannabis email marketing can be tricky, but getting it right is essential. Many brands make avoidable mistakes simply due to a lack of awareness. This guide helps cannabis businesses stay compliant while effectively using email marketing to grow their audience.

February 5, 2025

Elizabeth Mawrey

If you’re in the cannabis business, you already know compliance is a constant challenge. When it comes to email marketing, the rules can be confusing—but getting it right is crucial. Let us help you navigate all of this!

We’ve seen brands make avoidable mistakes simply because they didn’t know the rules. That’s why we’ve put together this guide—to help you stay compliant while using email to grow your business and connect with your audience.

Here’s what we’ll cover:

  1. How to ensure your emails reach the right (and legal) audience
  2. The do’s and dont’s of cannabis marketing language
  3. Best practices for privacy, data security, and choosing an email platform

Quick disclaimer: This isn’t legal advice—always check local laws or consult an attorney for specifics.

Audience Targeting: Make Sure You’re Talking to the Right People

You already use age verification for your website or storefront—your email marketing should follow the same rules. The last thing you want is to accidentally send promotional emails to someone underage.Here’s how to keep your list compliant:

  • Age Verification Checkpoints – Require users to enter their birth date before signing up.
  • Double Opt-Ins – Send a confirmation email asking subscribers to verify their age before being added to your list.

This keeps you compliant and helps filter out fake sign-ups, keeping your list engaged and deliverability rates high.

Content & Language: What You Say Matters

Once you’ve confirmed your audience, you need to be careful about what you say in your emails. Laws vary by location, so always stay updated on local regulations.

Avoid Making Medical Claims

This is one of the easiest mistakes to fall into. Even if you believe in your product, making medical claims can land you in legal trouble.

🚫 Don’t say: “Our CBD gummies cure anxiety and insomnia!”

Do say: “Our CBD gummies are crafted to support relaxation and restful nights.”

Include Disclaimers & Warnings

To protect your business, include:

  • Statements clarifying that your product isn’t intended to diagnose, treat, or cure any condition.
  • Responsible consumption messaging.

Focus on Education, Not Just Sales

Email marketing isn’t just about selling—it’s about providing value. Educational content helps customers make informed choices while keeping your brand compliant.Great topics include:

  • Beginner guides (choosing the right strain, dosage tips, etc.)
  • Health & wellness topics (CBD for relaxation, recovery, etc.)
  • Lifestyle content (recipes, creative uses for cannabis, etc.)
  • Community updates (legislation changes, advocacy, etc.)

Best Practices: Stay Legal & Keep Customers Happy

There are specific rules all businesses must follow when it comes to email marketing—especially in the cannabis industry.

Data & Privacy: Play by the Rules

You’re collecting customer data, so handle it responsibly. Always:

  • Provide a clear “unsubscribe” option in every email.
  • Include a physical address in the footer of every email.
  • Use accurate sender information (no misleading subject lines).
  • Be transparent about data storage and privacy policies.
  • Follow privacy laws like GDPR (for European customers) and CCPA (for California customers).

Being honest and giving people control over their data builds trust in your brand and protects your business. Happier clients usually mean more revenue.

Picking the Right Email Provider

Not all email platforms allow cannabis-related content, and the last thing you want is to have your account flagged or shut down.

We recommend Klaviyo—it integrates well with e-commerce platforms and offers advanced features while supporting cannabis businesses.

If you’re unsure about your provider, check their terms of service or reach out to their support team to confirm their policies.

Concluding Thoughts: Keep It Smart, Keep It Legal

Email marketing is a powerful tool for growing your cannabis business if you do it right.

  • Verify your audience and ensure compliance.
  • Use responsible language and avoid medical claims.
  • Follow privacy laws and keep customer data secure.
  • Choose an email provider that supports your industry.

By staying informed and proactive, you can build trust, protect your brand, and confidently grow your business.

At the end of the day, this industry is far more than just selling products– it’s about building a community and helping people make informed choices. Stay compliant, stay authentic, and keep growing.

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Cannascale has helped 100+ Hemp, CBD, and Canna brands make more than $65M+ through improvements to their email marketing programs.

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High Impact Marketing LLC DBA Cannascale 2025
Owned and Operated in the United States

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