Cannabis E-Commerce: Legal and Regulatory Problems and Solutions for Online Marketing and Sales

A host of constantly evolving state and federal laws, regulations, and policies significantly restrict how cannabis businesses can engage in commerce, operate websites, promote or market their products or services, and use consumer data. While until recently, state-licensed cannabis companies only seemed to focus on state-level cannabis regulations, last year saw a wave of litigation and complex regulatory changes that are beginning to wreak havoc on the maturing cannabis industry.

This course will examine the California Consumer Privacy Act (CCPA) and its impact on cannabis businesses, including the potential for large-scale consumer litigation against businesses in California and other states. It will discuss the Telephone Consumer Privacy Act (TCPA) and the growing wave of consumer litigation facing cannabis businesses based on text message marketing campaigns. The presenters will also examine the intersection of the Federal Trade Commission (FTC) rules and policies on advertising and how they intersect with social media companies' policies to create serious roadblocks unique to the cannabis industry. Finally, the program will cover why cannabis businesses need to consider the accessibility requirements of the Americans with Disabilities Act (ADA) when establishing an online presence.  

Learning Objectives:

1. Examine technology and data security and protection issues unique to cannabis businesses

2. Identify operational and legal risks for cannabis businesses in possessing and using consumer data 

3. Consider advertising and marketing restrictions on cannabis businesses