Navigating Canada’s Cannabis SEO Laws & Regulations: A Guide For Cannabis & CBD Blog Writers

by | Sep 16, 2024 | Resources

Canada Cannabis SEO Laws - What You Need To Know

The Canadian cannabis industry is booming, and with it comes a growing need for informative and engaging content. 

As a cannabis SEO writer specializing in SEO blog articles for cannabis companies, you might be wondering what’s allowed and what’s not when it comes to SEO and legal compliance in Canada. 

Here’s a breakdown to help you navigate the regulations.

The Good News: Informational Content Is Okay!

Yes, you can write and publish informational blog articles for cannabis companies, as long as you focus on factual information and avoid promotional language. 

On May 22, 2024, I sent an email to Health Canada and they replied on Jun 13, 2024, explaining the laws and regulations regarding performing Cannabis SEO in Canada for your cannabis business.

Refer to the entire email (below) from Health Canada’s Cannabis Compliance Directorate within the Controlled Substances and Cannabis Branch.

Health Canada explicitly states you’re allowed to publish “informational promotion,” for cannabis products using cannabis SEO strategy and blog writing for publication on your website.

This means you can provide details about.

  • Cannabis and its characteristics (strains, effects, etc.)
  • Cannabis accessories (vaporizers, bongs, etc.)
  • Services related to cannabis (education, delivery, etc.)
  • Availability and price (without direct sales offers)

Location Restrictions: All Of Canada (With A Caveat)

There are currently no specific location restrictions within Canada for taking advantage of cannabis content writing services. 

However, it’s crucial to stay updated on any potential provincial regulations that may arise.

Key Takeaways From Health Canada’s Response

  • Focus on Facts: Stick to factual information and avoid promotional language or claims.
  • No Medical Claims: Don’t write about the medical benefits of cannabis. (See: Cannabis Medical Claims Guide)
  • Keep it Youth-Friendly: Avoid anything that could appeal to young people (cartoons, mascots, etc.).
  • Reasonable Steps: When publishing content for your cannabis company, ensure that you have measures in place to prevent young people from accessing your content.

Additional Resources

Here are the helpful links provided by Health Canada for further reference.

Remember: This blog serves as a general guide. When in doubt, it’s always best to double-check with Health Canada or consult a lawyer specializing in cannabis regulations.

My Email To Health Canada’s Cannabis Compliance Directorate

Email Subject: Cannabis Promotion Question

Hello Health Canada,

I have a quick question on the informational promotion of cannabis as per this URL.

I offer SEO and blog article-writing services to cannabis companies.

Am I allowed to write and publish informational blog articles for cannabis companies in Canada?

Are there any specific location restrictions where I can not offer these services in Canada?

How I’m understanding the language is that I can write information about cannabis that essentially does not make medical claims about cannabis.

As per this section.

Informational promotion or brand-preference promotion

Informational promotion means a promotion by which factual information is provided to the consumer about:

  • The availability or price of cannabis, a cannabis accessory or a service related to cannabis
  • Cannabis or its characteristics
  • A cannabis accessory or its characteristics
  • A service related to cannabis

Thank you!

Health Canada’s Response

On Thu, Jun 13, 2024 at 8:43 AM Cannabis Compliance / Conformite cannabis (HC/SC) <compliance-cannabis-conformite@hc-sc.gc.ca> wrote:

Hello Joe Powers,

Thank you for your email on May 22nd, 2024. We apologize for the delay in responding.

The Controlled Substances and Cannabis Branch (CSCB) is responsible for developing and implementing legislation, regulations, policies and operational programs that support the control of cannabis.

Please allow us to take this opportunity to outline some information that may be of interest to you.

The Cannabis Act generally prohibits the promotion of cannabis, cannabis accessories and services related to cannabis, except in limited circumstances. These prohibitions support the Government’s objective to protect public health and safety, including protecting the health of young persons by restricting their access to cannabis and protecting young persons and others from inducements to use cannabis.

Under the Cannabis Act, “promote” means:

“in respect of a thing or service, means to make, for the purpose of selling the thing or service, a representation – other than on a package or label – about the thing or service by any means, whether directly or indirectly, that is likely to influence and shape attitudes, beliefs and behaviours about the thing or services”.

Promotion includes representation made by any means. All forms of communications including but not limited to printed publications, broadcasts, media releases, online materials including social media (e.g., Twitter, Instagram, Facebook), and signage are subject to the prohibitions regarding promotion.

The Cannabis Act permits limited promotion by allowing persons authorized to produce, sell or distribute cannabis, and persons promoting cannabis accessories or a service related to cannabis, to promote by means of informational promotion (a promotion by which factual information is provided to the consumer about cannabis or its characteristics, a cannabis accessory or its characteristics or a service related to cannabis or the availability or price of cannabis, a cannabis accessory or a service related to cannabis) and brand-preference promotion (promotion by means of the brand characteristics), subject to a number of conditions and restrictions. Such limited promotion may help consumers make informed decisions about cannabis. A person authorized to produce, sell or distribute cannabis means that an express authorization is required under the Cannabis Act regime, which could include, but is not limited to, a licence under the Cannabis Act, or an authorization to sell cannabis under a provincial Act. It is also important to note that in these cases,  the person responsible for the content of the promotion must take reasonable steps to ensure that the promotion cannot be accessed by a young person and are in compliance with other restrictions and prohibitions.

The Cannabis Act also includes a number of broad prohibitions of promotions that could be appealing to young persons, may be considered a testimonial or endorsement, that set out a depiction of real or fictional persons, characters or animals, that evoke emotions or images of a way of life that could include glamour, recreation, excitement, vitality, risk or daring, or that may be false or misleading, among others. It also includes prohibitions relating to the promotion of sponsorship, to the display of names or brand elements on certain facilities and to inducements. The Cannabis Regulations include additional prohibitions related to promotions such as those that could create the impression that health or cosmetic benefits may be derived from it, associations with alcohol or tobacco and vaping products, on certain flavours for extracts, as well as including restrictions on the number of brand elements and dimensions, among others.  We encourage you to refer to the Act and Regulations as well as additional information that can be found on the Health Canada website (Cannabis in Canada) for more information.

Below are some specific links you may find of interest.

Should you have any other questions, we encourage you to contact us at compliance-cannabis-conformite@hc-sc.gc.ca.

Thank you for writing.

Sincerely,

Cannabis Compliance Directorate

Controlled Substances and Cannabis Branch

Health Canada