Navigating Smokeshops’ Awkward Online Situationship with the Government

Will they? Won’t they? Get a room (or clear social media rules) already, you two. 

The federal government seems mostly fine with cannabis. Democrats are all in on legalization. Republicans are split publicly, less so privately. And this mercurial president seems to be leaning toward greater leeway, teasing a rescheduling of THC while being cool with medical marijuana. And for better or worse, they’re busy frying other fish.

While there are evolving policy discussions about hemp-based products, kratom, tobacco vapes, and other psychoactive and non-psychoactive substances, this miasma of opinion and fact is affecting social media strategies ranging from simple smokeshops to the major marijuana companies.

If you want to promote your shop, you’re walking into an online minefield, a dangerous neighborhood where you’re set up to fail. Never mind that you can’t say certain terms on Instagram without being straight-up banned, but there’s also shadowbanning. This is a practice in which social media companies will stop showing your posts to people, but you may not know it, because everything looks fine on your end. You may not even realize it until you start noticing a drop in views and likes, a downward spiral of engagement that will feel mysterious, especially if you’d worked hard to expand your reach in the first place.

So for those of you stuck in a don’t-ask-don’t-tell relationship with federal, state, and local government, here are some tips for flirting with your online followers while staying on the right side of the law (for now).

  • Connect over culture, not consumption

You probably live somewhere. And that place has things going on. Be part of that as much as possible. Are there senior centers that have residents who could use medical cannabis? Do you connect with any patient organizations, or even local eateries and markets? Why not? You’re one of them. Let people know you are a brick-and-mortar presence that pays taxes and attention to its community. Nothing says “normal” more than acting normal.

  • Get (them) smart

Do your customers know what a terpene is? Do they know the history of tobacco vapes? Can they tell you when kratom was discovered and synthesized? I’m sure some can, but most people are oblivious to how our industry came to be. Be their go-to for questions about what may be good for them, and teach the controversy if there is one. The more consumed they are with your content, the more likely they are to consume your products. 

  • Sound like a sane person

Sales language is forbidden, so take it as a challenge to come off like you’re talking with them. Write conversationally, not just to convince. When you post something, think, does this sound like something I’d say? Would I feel proud or embarrassed if my friends or family read this? If it’s a yes, then press Post.

Also, show, don’t sell. Display what you legally can and use your words to describe the rest. And add a “NOTHING FOR SALE” disclaimer. Make it stupidly obvious.

  • Stay away from medical claims

Sure, we all know people who use our products to feel better. That’s why we’re in this, right? Maybe you have partaken yourself, and want to shout its benefits from the rooftops.

Be careful with that. Whether it’s anecdotal or referenceable, saying something does something, and claiming that a drug is effective is a big deal. The entire pharmaceutical industry is managed by a byzantine structure of rules, making sure that drug companies are telling customers the benefits and liabilities of their substances. And, yes, it can all be gamed for profit or prominence, but overall it serves to educate the public without (hopefully) misleading them (too much).

So while the SKUs in a smokeshop aren’t under the same scrutiny, your internet presence is visible to regulators that can decide if your claims ain’t kosher. And that could pull the plug on your promos.

  • Err on the side of older

Age-gating is crucial. Make sure you ask if your virtual visitors are over 18 or 21, depending on the place or product. This is too easy to do, and to let it slide and sacrifice your sales is a significant self-own.

  • Give ‘em a peak of the good stuff

Sounds salacious? Good! Social media customers like to feel like they’re in the know, that they’re getting something special by clicking Follow. Do you have an early-release product, or a rare version of an existing one? Tease them toward taking a toke without trying too hard. Plausible deniability is the game, so avoiding getting flagged–steer clear of words like weed, vape, and specific product names, hashtags, etc.–while showing some ankle. That’s the sport.

  • Say it in a Story

Instagram Stories, for example, are temporary and less scrutinized by the censors. If you want to push it a bit, to express something on the edge of ok-ness, this is your place to share. It’s less likely to get yanked. But remember, less is not zero. 

Powering through a patchwork of conflicting commitments

For the time being, this kaleidoscope of federal, state, and local laws will loom over the landscape of our online outreach. Where you do business matters, and it’s ultimately your responsibility to not only know what’s OK and not OK, but stay on top of shifting regulations. 

Having said that, the advice offered above should get you through the current political weather, and whether you choose to follow it or not can make or break your business. We don’t know if or when the government will put a ring on it, but while it’s deciding what it wants to do in the cannabis and smokeshop space, we can all enjoy the love we get from our online community. 

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