Christmas is coming, but don’t expect any flashy giveaways from your favourite cannabis brand. The laws behind promoting cannabis in Canada are far too Grinch-like for that.

“Much like alcohol, we don’t want to encourage people to buy the product. So, the advertising is supposed to be really neutral,” Daniel Walker, a lawyer with Bobila Walker Law, told The GrowthOp.

An update of the Cannabis Act in October added clarification to the rules around promotional items. But it still can be confusing.

The act notes that cannabis promotion cannot be “associated with a way of life such as one that includes glamour, recreation, excitement, vitality, risk or daring.” Just what this means to cannabis promoters, however, is not always clear.

“There are so many restrictions that it is best to consult a lawyer just to be sure,” Danielle Grzybowski, a lawyer with TDS Law in Winnipeg, said in an interview.

The GrowthOp has a few tips to stay on the right side of cannabis swag. But, first, a disclaimer: The tips provided here are for general information purposes only and do not constitute legal or other professional advice. Readers should seek specific legal advice for cannabis branding and promotion.

“Essentially, you can have a brand element of cannabis on anything that is not going to be appealing to youth.” / Photo: peshkov/iStock/Getty Images Plus

Promote your cannabis brand with pens, T-shirts and mugs

Items people use to promote businesses such as pens, hats or mugs are OK for cannabis swag, Grzybowski says.

But there is one big caveat: “Essentially, you can have a brand element of cannabis on anything that is not going to be appealing to youth,” explains Adrian Rodriguez, quality and regulatory and cannabis retail licencing manager for Cannabis Compliance Inc. “Toys or a yoyo, for example, that yoyo is going to be appealing to a child. And so you don’t want your brand element on those things that are going to be associated with youth, that are appealing to youth,” he adds.

Keep the design neutral

The design on a T-shirt or mug should be a simple logo.  “Colourful and fancy designs that are going to attract young people,” are a no-no, Walker says.

The maximum height for any text in the logo is four cm, and the logo can be a total maximum size of 300 cm, the act amendment states. Furthermore, there can only be one logo printed on each swag item, the act adds.

You cannot promote cannabis, cannabis accessories or services related to cannabis in a way that evokes positive or negative emotions about a way of life. / Photo: MantoStar_Studio/iStock/Getty Images Plus

Stay away from adventure and excitement

The design of the swag cannot include elements that suggest a glamorous and exciting lifestyle. This part of the act is a bit vague and could be difficult to interpret, Grzybowski noted. “So, you cannot promote cannabis, cannabis accessories or services related to cannabis in a way that evokes positive or negative emotions about a way of life,” she said.

Swag cannot be a cannabis accessory

Items used as cannabis accessories —such as rolling papers or lighters —cannot be given away for cannabis promotion, Rodriguez points out. “If it’s likely to be considered a cannabis accessory — it cannot be given away just like cannabis cannot be given away.”

Where and how you promote with swag

Cannabis promotion cannot be in, or visible from a place frequented by youth, such as a school or playground, Grzybowski says. If you are giving away swag at a place only accessible to adults, there should be no problem, Rodriguez adds. That said, “if that space where those items are going to be available is accessible by young people, then you have to have a way of age-gating.”

Additionally, cannabis swag cannot be given away as a bonus for a purchase, Rodriguez says. “You cannot incentivize anyone into buying cannabis or a cannabis accessory.”