Dispensary text marketing and loyalty program rules

The federal rule is 47 CFR 64.1200 on eCFR. Paragraph (a)(2) requires "the prior express written consent of the called party" before an autodialed or prerecorded telemarketing call, and the same section's revocation paragraph refers to "calls or text messages."

Paragraph (f)(9) defines that consent as "an agreement, in writing, bearing the signature of the person called that clearly authorizes the seller." The signature does not have to be ink. Under (f)(9)(ii), an electronic or digital signature satisfies the requirement if it is valid under federal law or state contract law.

CTIA's May 2023 Messaging Principles set the same expectation for the industry: express written consent before marketing messages. Adding a coupon code to an informational text can make it promotional, and CTIA says the customer should agree in writing before promotional texts are sent. An order-ready alert with a discount code attached is an example of where that line gets crossed.

CTIA also lists the opt-in records it recommends keeping:

• the date and time of the opt-in
• how consent was given
• a capture of the signup experience the customer saw
• the campaign
• the IP address
• the phone number
• the customer's identity

That list is an industry recommendation, not a federal retention rule. The federal pages read for this guide state no retention period for consent records.

None of the carrier-side primary sources read for this page names cannabis. CTIA's Messaging Principles, in section 5.3.1, list content senders should act to prevent, and the list includes content that does not meet age-gating requirements. The document does not mention cannabis, marijuana or SHAFT.

CTIA has described SHAFT content in its own words. In a 2024 filing with the FCC, it described messages related to illegal substances and content related to sex, hate, alcohol, firearms and tobacco. The same filing says the industry's guidelines factor in whether message content is appropriately age gated, and it still does not name cannabis.

Carrier registration is a separate step. The Campaign Registry describes 10DLC as the sanctioned channel for application-to-person (business) texting, and it lists AT&T, T-Mobile, Verizon and US Cellular as launched on 10DLC, each marked "Required." Brands and campaign service providers are verified before they may send, and a business cannot register with the registry directly. It registers through a campaign service provider.

So whether a cannabis campaign gets approved is a question for your messaging provider, answered in writing before the first send.

The federal rule, in 64.1200(c)(1), bars telephone solicitations before 8 a.m. or after 9 p.m. at the called party's location. The eCFR text does not show whether that paragraph applies to texts. The state statutes read for this page use a shorter evening window, and most do not mention texts at all.

Maryland's definition in 14-4501(d) is a signed written agreement that authorizes solicitation by "telephone call, text message, or voicemail." Florida's 501.059(8)(a) requires prior express written consent for unsolicited sales calls made with an automated system or a recorded message.

One practical reading: a send window of 8 a.m. to 8 p.m. in the recipient's time zone sits inside every window in the table. That is a scheduling choice, not a finding that any of these hours legally apply to texts.

California's Department of Cannabis Control rules, in the July 2026 compilation, put two bans in 4 CCR 15040.2. Under (a), a licensee may not give away any amount of cannabis, cannabis products or accessories as part of a business promotion. Under (b), "A licensee shall not hold a raffle or sweepstakes as part of a business promotion." A signup sweepstakes for loyalty members is out.

Section 15041 matters more for texting. It requires age affirmation to verify that the recipient is 21 or older before advertising or marketing that involves direct, individualized communication, and that communication can happen through any form, including electronic. Under 15041(d), age affirmation is also required before a customer is added to a mailing list or subscribed to licensee communications. In practice the signup form needs an age step before the phone number goes on the list.

Section 15040.2 does not mention discounts or loyalty programs.

In Colorado, Rule 6-110(H) of 1 CCR 212-3 says a Retail Marijuana Store may not give away Retail Marijuana to a consumer for any reason. That wording is in the current version of the rules, effective January 5, 2026. Rule 3-745 bars advertising through marketing directed at location-based devices, including cell phones, unless the marketing is a mobile app installed by a device owner 21 or older and includes a permanent and easy opt-out feature.

In Massachusetts, 935 CMR 500.105(4) prohibits advertising through free promotional items, and its list names gifts, giveaways, discounts, points-based reward systems, customer loyalty programs and coupons. The Cannabis Control Commission's bulletin of September 25, 2026 says that, until further notice, showing a reduced or promotional price on an online menu is advertising. A licensee may still adjust listed prices and offer bundled pricing, but may not present either as free, discounted or promotional.

The same bulletin notes that Chapter 65 of the Acts of 2026 gave the Commission the option to permit limited advertising inside an establishment or through an opt-in email list, and that policy discussion is not practice until it is adopted by regulation. Our Massachusetts cannabis advertising rules page covers the required warnings and audience test.

Illinois law, 410 ILCS 705/55-20, bars encouraging cannabis sales by giving away cannabis or cannabis products, by games or competitions related to consumption, or with promotional materials that appeal to children. The rest of the statute is on our Illinois cannabis advertising rules page.

New Jersey's N.J.A.C. 17:30-17.2 generally bars advertising the price of cannabis products, with exceptions for a price list and prices on a website. It also bars advertising directed at location-based devices such as phones unless it runs through an app installed by an owner 21 or older with a permanent, easy opt-out, the same test Colorado uses.

For Michigan and the other states, start from cannabis advertising laws by state.