Can You Post Weed on Social Media?

Currently, 38 states have legalized marijuana for medical application and 24 of those have legalized it for recreational use. However, marijuana remains federally illegal. More so, the Drug Enforcement Agency (DEA) considers it a Schedule I substance.

While it’s not illegal to post about marijuana on social media, it could come with legal ramifications depending on where you live. For example, if you live in a state that hasn’t yet legalized and post pictures participating in recreational use, that’s evidence that can be used against you. Furthermore, law enforcement may use social media posts as evidence for larger criminal activity (i.e. drug trafficking).

Naturally, the legal risk varies depending on where you live, whether in or outside the United States. Since most countries continue to ban cannabis, it’s safe to say marijuana posts may come with legal issues.

If you want to post weed online, you need to be aware of each platform’s cannabis content guidelines. These vary depending on the social media platform of your choice:

Instagram: People or organizations cannot use Instagram to advertise or sell marijuana, regardless of their state’s legal status. However, educational cannabis content is okay.

Facebook: Similar guidelines to Instagram, except the sale of CBD (or hemp) products is allowed with a LegalScript certification. If you’d like to learn more about how to obtain this, click here.

TikTok: Prohibited. You’re not allowed to show, possess, or use drugs on their platform.

YouTube: You can promote educational videos and other marijuana content on YouTube. However, you may get demonetized. Furthermore, you’re not allowed to promote sales on the platform.

Twitter: Allows targeted ads in areas where cannabis is legal.

Still, even if you follow guidelines, your content may be flagged or shadow-banned, this means it becomes less visible to viewers on the platform. To avoid shadowbanning, it can help to understand the phrases and hashtags that are flagged by the platform.

Before you post about weed on social media, it’s important to consider the personal risks you take with it. We’ve already discussed potential legal ramifications (i.e., posting weed on Instagram may be used against you in court). However, what about the societal risks?

The most obvious is that it can damage your professional reputation, depending on your career. For example, it would probably be unwise for a medical professional to snap a selfie with a joint in their mouth.

You can gauge how strict your employer may be about marijuana depending on whether or not they drug test. Since cannabis remains federally illegal, employers have the right to test employees for tetrahydrocannabinol (THC), unless state regulations say otherwise.

Furthermore, you may want to consider your family and community perceptions. While more and more Americans are changing their minds about weed (two-thirds agree to legalization), plenty of communities still oppose its use. As such, it’s important to think about how such posts may affect your reputation in these areas.

Still, if you’re like us, then cannabis advocacy is something you care deeply about. And social media is a phenomenal platform to get that advocacy across to millions. So, how can you post responsibly?

The most important thing is to be educational with your marijuana posts. Don’t just upload a pic of you toking a bong because you think it’s cool. Teach your audience about marijuana, how it benefits you, and why you think it should be legalized.

Educational posts are generally allowed under most social media platform guidelines. And it’s essential to know and follow these guidelines as you develop content.

It can help to have disclaimers when you make posts. For example, discuss the legal smoking age and which locations are legal to consume in.

Finally, avoid posting illegal activities or excessive consumption. Beyond legal complications, both simply aren’t a good look for your reputation.

If you’re a cannabis business and want to market your products on social media, you need to consider:

1. That platform’s guidelines. While some allow cannabis advertisements, many continue to ban (or shadowban) such content.
2. The legality of your marketing tactics. While cannabis may be legal in your state, marketing it on social media may be illegal.

As a business-to-customer (B2C) brand, your best bet is promoting educational content. Beyond the fact that this is a preferable social media marketing tactic, it’s effective for staying within the bounds of community guidelines.

Be transparent with your posts. If you make one about a product, ensure to have disclaimers (i.e. only available to people ages 21 or over).

Since the cannabis industry is so new, there’s a lot of misinformation out there. As such, it’s our responsibility to ensure we’re making the right cannabis advocacy.

What does this mean? For starters, it’s important to promote responsible use. Don’t advertise yourself driving in your car with a blunt in hand. Show that you know where and when to consume marijuana and how to do so in a manner that doesn’t put others in danger.

Secondly, it can help to avoid stereotypes and harmful portrayals of cannabis consumers. What exactly does this look like? The following are the most common stoner stereotypes:

• Cannabis is a gateway drug
• Hemp-wearing hippies
• Men are more likely to use cannabis
• Lazy and unproductive
• Partygoers
• Smokers are always “high”

Finally, one of the things we love about cannabis is this is a space for everyone. The plant doesn’t discriminate against those who fall in love with its properties, and we believe social media posts should be aligned with this inclusion.

If you’re a cannabis business, you may find social media marketing isn’t the most effective for advertising cannabis products. So, what are your other options? These are the most common:

• Blogging (SEO marketing)
• Community outreach (i.e. cannabis conventions)
• Email marketing

Furthermore, more platforms are coming out that are specifically designed for marijuana users (i.e. WeedTube and Budding). Admittedly, these don’t have as big a following as social media, but can still be effective depending on your target audience.