Can Dispensaries Send Cannabis Promotions by Email or Text?

What This Page Covers

• whether cannabis promotions can be sent by email or text
• how SMS and email marketing interact with cannabis advertising rules
• consent requirements for marketing messages
• what types of messages create compliance risk
• how dispensaries commonly use email and SMS

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Why Dispensaries Use Email and Text Marketing

Email and SMS are two of the most common marketing tools in retail.

Dispensaries use them to communicate directly with customers who have already chosen to receive updates.

Common examples include:

• announcing new product drops
• promoting discounts or limited offers
• sending loyalty rewards
• notifying customers about store events
• sharing educational content

Because these messages go directly to customers rather than public audiences, many operators assume they are unregulated. That is not correct.

Email and SMS promotions must still follow cannabis advertising rules and consumer communication laws.

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Are Cannabis Promotions by Email or Text Legal in New York?

Yes. Licensed dispensaries can send marketing messages by email or SMS.

However, these messages must follow two different rule systems:

• cannabis advertising regulations
• consumer communication laws

Cannabis rules control what the message says.
Consumer protection laws control how the message is sent.

Operators must comply with both.

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Consent Is Required Before Sending Marketing Messages

Businesses cannot send promotional emails or texts without permission.

Customers must voluntarily sign up to receive marketing messages.

Examples of consent include:

• signing up through a website
• entering a phone number during checkout
• joining a loyalty program
• subscribing to a dispensary newsletter

Customers must also be able to stop receiving messages easily.

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Opt-Out Requirements

Marketing messages must include a way for customers to stop receiving communications.

Examples include:

Email messages

• unsubscribe links

SMS messages

• instructions such as “Reply STOP to unsubscribe”

Failing to provide opt-out options can violate consumer protection laws.

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Cannabis Advertising Rules Still Apply

Even though email and text messages are sent privately, cannabis advertising rules still apply.

Marketing messages must avoid content that violates cannabis advertising restrictions.

Examples of problematic content include:

• youth-oriented messaging
• misleading product claims
• exaggerated potency claims
• messages encouraging excessive consumption

Operators should treat email and SMS messages as regulated marketing communications.

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Common Types of Dispensary Email Marketing

Many dispensaries use email newsletters to communicate with customers.

Typical email content includes:

• weekly product updates
• loyalty program announcements
• educational cannabis content
• store announcements
• event invitations

Email marketing is often used for longer-form communication and customer education.

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Common Types of SMS Marketing

SMS marketing is typically used for short, time-sensitive messages.

Examples include:

• daily deals
• flash sales
• new product alerts
• store reminders
• event notifications

Text messages are effective because customers often read them immediately.

However, excessive messaging can cause customers to unsubscribe.

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Risks of SMS and Email Marketing

Marketing messages can create risk if they violate either cannabis rules or consumer messaging laws.

Examples of risky practices include:

• sending messages without customer consent
• failing to include opt-out instructions
• making misleading product claims
• encouraging excessive cannabis consumption

Operators should carefully review marketing campaigns before sending them.

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Real-World Example

SMS Promotion

Message sent to customers:

New pre-rolls just arrived. Stop by today and check out the new menu.

This message focuses on store awareness rather than exaggerated claims.

Risky SMS Promotion

Message sent to customers:

Strongest weed in the city. Come get the highest THC products today.

Risk factors include exaggerated claims and messaging that promotes extreme consumption.

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How Dispensaries Use Email and SMS Safely

Operators often follow several best practices to reduce marketing risk.

Only message customers who opted in

Marketing lists should include customers who voluntarily signed up.

Provide clear opt-out instructions

Customers must be able to unsubscribe easily.

Focus on information rather than exaggerated claims

Messages should provide updates rather than make unrealistic product promises.

Avoid excessive messaging

Sending too many messages can lead to complaints and unsubscribes.

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Go Here Next

• What Marketing Mistakes Get NY Dispensaries in Trouble
• Are Cannabis Giveaways or “Tag a Friend” Promotions Legal in New York
• Can NY Dispensaries Use Influencers or Brand Ambassadors
• What Counts as Cannabis Advertising in New York

Source Material

• New York Office of Cannabis Management Marketing and Advertising Regulations ‍
• Federal Trade Commission CAN-SPAM Act Compliance Guide‍
• Federal Communications Commission Telephone Consumer Protection Act (TCPA) Rules for Text Marketing
• Text & Call Compliance Rules (Federal Communications Law)
• Advertising & Marketing Rules (Federal FTC Standards)