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What Is the Cannabis Communications Gap? 5W 2026 Findings

EPR Editorial TeamEPR Editorial Team7 min read
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cannabis industry advertising challenges and costs explained
cannabis industry advertising challenges and costs explained

The cannabis communications gap is the distance between the size of the U.S. legal cannabis market, $38.5 billion in 2024, and the marketing channels its brands are allowed to use. A 2026 report from 5WPR found that cannabis brands spend 80% less on marketing as a share of revenue than consumer packaged goods (CPG) brands, in a category where Google Ads policy does not allow marijuana advertising.

What is the cannabis communications gap?

The cannabis communications gap is the mismatch between how large and fast-growing the legal cannabis industry is and how few communications channels its brands can use. 5WPR's April 2026 report, The Cannabis Communications Gap, documents that mismatch across advertising, taxes, celebrity partnerships and influencer rules.

The central finding is a spending shortfall. Cannabis brands spend 80% less on marketing as a percentage of revenue than CPG competitors, and 5WPR reports, citing the Cannabis Media Council, that the gap between revenue and ad spend is widening. The report argues this is not only a budget choice. Paid search, paid social, television and radio are closed to most cannabis brands, so marketing money has fewer places to go.

What are the key numbers in the report?

The table below lists the figures this article relies on, with the source for each.

FigureValueSource
U.S. legal cannabis sales, 2024$38.5 billion5WPR report
Marketing spend as a share of revenue versus CPG brands80% less5WPR report
Khalifa Kush sales, 2024$50 millionHoodie Analytics, cited by 5WPR
Death Row Cannabis sales, 2024$2 million to $3 million, ranked 20th among celebrity cannabis brandsHoodie Analytics, cited by 5WPR
Maximum FTC civil penalty under the Consumer Review Rule$53,088 per violationKelley Drye, summarizing the FTC rule
Marijuana moved to Schedule IIIMedical-license and FDA-approved products only, April 2026Foley & Lardner

Why can't cannabis brands buy ads on Google?

Cannabis brands cannot buy Google ads because the Google Ads recreational drugs policy lists marijuana among the substances whose advertising is not allowed. The same policy bars ads for products marketed as facilitating recreational drug use, such as pipes and bongs, and for instructional content about producing, purchasing or using recreational drugs.

Google makes narrow exceptions. Ads for topical, hemp-derived CBD products with a THC content of 0.3% or less are allowed, and the policy page describes a limited pilot program in Canada for legally permitted cannabis products. Neither exception opens U.S. paid search to THC products.

5WPR's report says the blackout also reaches Meta, TikTok, YouTube, television and radio, which is why it treats the restriction as structural and not temporary. EPR's guide to cannabis advertising rules by platform compares what each platform allows.

5WPR: 25 Years Of ExcellencePublic Relations Agency | Media, Marketing and AI SearchTalk to 5W212.999.5585info@5wpr.com

What did the Schedule III order change for cannabis marketing?

The April 2026 Schedule III order moved only part of the cannabis market out of Schedule I. It covers marijuana in FDA-approved drug products and marijuana handled under qualifying state medical licenses, while adult-use marijuana stays in Schedule I, according to Foley & Lardner's analysis of the order.

The tax effect matters most for marketing budgets. Section 280E of the Internal Revenue Code disallows ordinary business deductions for Schedule I and II substances, so operators covered by the medical order can again deduct ordinary expenses, including marketing, for those activities. Adult-use activity remains under 280E. Foley notes that it is uncertain how 280E applies to a dispensary that sells both medical and adult-use products.

The broader federal question is still open. On September 29, 2026, the DEA's chief administrative law judge paused the proceeding on moving all marijuana to Schedule III while he considers whether to admit a Government Accountability Office report on scheduling procedures, according to Ogletree Deakins. The DEA responded in October that admitting the report would not justify reopening the legal arguments, and the judge has yet to rule on the request, according to Marijuana Herald. Operators planning 2027 budgets therefore need a plan for both outcomes. EPR's Schedule III communications guide tracks the current status.

Why did Khalifa Kush outsell Death Row Cannabis?

Khalifa Kush reached $50 million in 2024 sales while Snoop Dogg's Death Row Cannabis recorded $2 million to $3 million, according to Hoodie Analytics data cited in the 5WPR report. Death Row Cannabis ranked 20th among celebrity cannabis brands, a gap of roughly $47 million.

5WPR reads the gap as one of brand structure and communications consistency, not awareness. Khalifa Kush began as a strain made for Wiz Khalifa in 2012, reached the public as a product line in 2016, and later scaled through partnerships with Trulieve and Cookies. The report offers a four-model framework for judging celebrity and athlete partnerships.

For communicators, the practical reading is to judge a celebrity partnership by how long the person has been tied to the product and how consistently both sides communicate about it, because launch coverage alone does not predict sales. The sales figures show the outcome. The explanation is 5WPR's interpretation.

What does the FTC require of cannabis influencer marketing?

The FTC's Consumer Review Rule, in effect since October 2024, lets the agency seek civil penalties of up to $53,088 per violation for fake reviews, undisclosed insider testimonials and bought social media followers. The rule applies to every industry, so cannabis brands running influencer programs carry the same exposure as any consumer brand.

On December 22, 2025, the FTC sent warning letters to ten companies about possible violations of the rule, according to Kelley Drye's summary of the letters. The FTC's separate Endorsement Guides, last updated in July 2023, explain how to disclose paid relationships and are guidance, according to Keller and Heckman.

The rule makes four practices unlawful, according to Kelley Drye:

  1. Offering incentives that are conditioned on a reviewer expressing a particular sentiment.
  2. Using reviews or testimonials from insiders without clearly disclosing their relationship to the company.
  3. Suppressing negative reviews.
  4. Buying or selling fake indicators of social media influence, such as bot-generated followers or views.

EPR's cannabis influencer playbook covers creator tiers and compliance layers in more detail.

Which channels can cannabis brands still use?

Cannabis brands can still use earned media, search optimization, owned content, compliant influencer programs and data-driven PR, the five priority investments named in 5WPR's report. Each one sits outside the paid platforms that bar cannabis ads.

  • Earned media, meaning coverage from reporters and trade outlets
  • Search optimization for the questions buyers type into search engines and AI assistants
  • Owned content, such as a brand's own site, newsletter and original research
  • Influencer programs built on the FTC rules above
  • Data-driven PR that tracks referral sessions and conversions in analytics tools

The report also devotes a section to earned media at the largest multistate operators, which it describes as a gap. EPR's cannabis AI search visibility playbook shows which sources AI assistants draw on when buyers ask about cannabis brands.

Regulators have public health reasons for limiting cannabis ads. A 2025 study in the Substance Use & Addiction Journal reviewed 2020 and 2021 advertising data from Cresco, Mindy's, MedMen and Uncle Ike's and concluded that its findings underscore the need to restrict cannabis marketing, because ad exposure is associated with cannabis perceptions and use. The full text of the cannabis marketing strategies study is indexed by George Washington University's library.

What should cannabis communicators do next?

Cannabis communicators should move budget toward channels the rules leave open, document influencer disclosure before any campaign launches, and plan 2027 budgets for both Schedule III outcomes. The evidence in this article points one way: cannabis marketing is limited by rules as much as by choice, and those rules are changing unevenly across federal agencies and platforms.

Frequently Asked Questions

What is the cannabis communications gap?

The cannabis communications gap is the mismatch between the size of the legal cannabis industry, $38.5 billion in 2024 sales, and the limited communications channels its brands can use. 5WPR's 2026 report documents it.

Can cannabis brands advertise on Google?

No for marijuana products. Google Ads policy lists marijuana among substances whose advertising is not allowed, with narrow exceptions for topical, hemp-derived CBD products at 0.3% THC or less.

Did rescheduling remove Section 280E for all cannabis operators?

No. The April 2026 order moved only FDA-approved marijuana products and marijuana under qualifying state medical licenses to Schedule III, so 280E relief does not reach operators working solely under adult-use licenses.

What is the FTC penalty for fake reviews or undisclosed endorsements?

The FTC can seek civil penalties of up to $53,088 per violation under the Consumer Review Rule, which covers fake reviews, undisclosed insider testimonials and bought social media influence.

Where can I read the full Cannabis Communications Gap report?

The report is free on the 5WPR research page, with a PDF download. Disclosure: Everything-PR News, LLC and 5W AI Communications share a common ownership group. Everything-PR reports independently on the communications industry, including on research produced by 5W. Editorial decisions are made by Everything-PR's editorial team. Edited on October 19, 2026.

EPR Editorial Team
Written by
EPR Editorial Team

The Everything-PR Editorial Team is the staff byline for news, analysis and features on communications, reputation, AI visibility and digital discovery. Everything-PR has published since 2009. AI tools assist with research and drafting, and every article is reviewed by a human editor before publication. Coverage follows the Editorial Policy, and substantive corrections are noted on the article under the Corrections Policy.

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