How advertising restrictions continue to stop the legal cannabis

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The global cannabis industry is going through a vital stage of maturation. If a marginal niche has become consolidated as an economic power: in the United States, legal sales reached between 30.1 and 38.5 billion dollars in 2024, while worldwide it is projected that the market will grow from 57.18 billion in 2023 to more than 444 billion in 2030.

However, behind these figures a contradiction is hidden. Despite operating within a legal framework, cannabis companies face unique advertising restrictions against other regulated sectors, which, inadvertently, continues to favor the black market.

Advertising is not a luxury: it is the mechanism that builds trust, educates the consumer and positions marks. In the case of legal cannabis, its importance is double, since it not only competes between regulated actors, but also against an illicit market that evades any quality control and public health.

In the United States, the lack of a clear federal regulation has resulted in a state mosaic full of restrictions, which include:

Location: Prohibited ads in public spaces, schools or parks, with exclusion areas ranging from 500 to 1000 feet.

Content: the promotion through cartoons, pets or public figures that can attract minors.

Channels: Television, Radio and Internet allow ads only when between 85% and 90% of the audience are over 21 years.

Other countries are even stricter: Germany and Australia, for example, limit advertising to health professionals or directly prohibit it.

Google broke the silence, until recently, platforms like Google Ads were completely inaccessible to the industry. However, in August 2025 a door was opened: Google authorized a pilot program in Canada that allows limited advertising in Google Search, exclusively to federal license operators, for a maximum period of 20 weeks and under strict access controls and age.

Although delimited, this advance shows that regulated digital advertising is not only viable, but also necessary to balance the market.

Mexico maintains a conservative regulation in medicinal matters. On January 13, 2021, the Regulations of the General Health Law on Health Control for the production, research and medicinal use of cannabis and its pharmacological derivatives entered into force. This regulation opened the door to essential activities such as the production, research, manufacture, import, export and marketing of medical cannabis, always under strict authorizations and controls.

In advertising matters, the norm is clear: advertising is only allowed to health professionals, any promotion to the general public being prohibited. In addition, it establishes obligations for the establishments involved, such as having a health license, sanitary managers and control books.

In summary, Mexico opted for a conservative vision: it allows the formal operation of the industry, but denies one of the key channels to make it visible and differentiated against the informal market.

The direct consequence of these restrictions is a legally unprotected consumer. Brands cannot communicate essential attributes such as the safety of their processes, laboratory certifications or sustainability practices. This reduces its ability to justify prices and educate about responsible consumption, while the illegal market (without controls or transparency) occupies that space.

The data are overwhelming:

In Canada, five years after legalization, the illicit market continues to represent 24.3 % of the total.

In Washington, up to 40% of cannabis consumed comes from unregulated sources, despite the fact that legal production far exceeds demand.

Given these limitations, the legal industry has resorted to digital as an alternative way: marketing of content, social networks, blogs and educational videos. These tools have allowed to position brands as sources of knowledge. However, more than a strategic decision, they represent a survival measure.

Mexico must establish a responsible advertising framework, like other mature markets, you need to move towards an advertising regulation that does not eliminate controls, but make them strategic. The keys are in:

Regulated advertising for adults, as in the alcohol sector, where the public is protected without silencing the legal industry.

Business self -regulation, with codes that prohibit false messages, excessive consumption or aimed at minors, as associations already drive.

Informative advertising, which communicates quality attributes, security and social responsibility.

The legal market of cannabis has already demonstrated its economic, social and labor capacity. But its consolidation depends on something fundamental: the possibility of expressing, educating and differentiating. If the legalization meant opening the door to a responsible and transparent industry, denying its visibility is to limit its success. Regulated advertising should not be understood as a risk, but as an obligation to protect the consumer, strengthen the formal market and displace the illegal.

About the author:

Twitter: @anicannmx

http://www.anicann.org/

The opinions expressed are only the responsibility of their authors and are completely independent of the position and the editorial line of Forbes Mexico

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