By Lewis Retik, Megan Martins

Cannabis is currently regulated as a “controlled substance” and “narcotic” (pre-October 17, 2018). The Narcotic Control Regulations prohibit the advertisement of narcotics to the public. Despite this blanket prohibition, there has been a notable upswing in cannabis and cannabis-related advertising over the course of the summer.

For many, the benefits of being first to market have outweighed the risk of enforcement. However, once the Cannabis Act and its Cannabis Regulations enter into force on October 17, 2018, cannabis companies should reassess their promotional activities in light of new advertising restrictions and an expectation of heightened regulatory oversight.