Legal disclaimers are necessary for the cannabis industry, just as they are for countless other industries. They are generally used to avoid or limit potential liabilities stemming from your business and the products it sells. Not only do they protect you, but they communicate integrity and honesty to your customers. However, there are many types of disclaimers in the business world, and knowing which ones to apply to your dispensary’s website can be tricky.
Here are 5 kinds of disclaimers that we believe are necessary for every cannabis dispensary.
‘Age-gates’ are some of the most commonly used disclaimers on the internet. They are used in practically all age-restricted markets or websites on the internet. These aim to prevent your dispensary’s website and products from being accessed by minors.
While an age-gate may not be able to completely prevent your website from being accessed by minors who lie about their age, it will protect you from any legal liability that may arise from their decision to do so.
Age-gating has even spread to social media, where brands may be able to opt-in to a program that prevents their content from being viewed by minors.
Cannabis Safety Disclaimers
Dispensaries should also take care to warn customers about the potential liabilities of cannabis use if their states require.
For instance, pointing out the fact that cannabis is still considered a Schedule 1 Controlled Substance is always a good idea. Potential customers should be reminded that the possession, distribution, and cultivation of cannabis is still prohibited under US federal law.
Furthermore, customers should be warned to keep cannabis products away from animals and out of the reach of children. They should also be informed that the intoxicating effects of cannabis can sometimes be delayed for some time and that it is never a good idea to operate a vehicle or any kind of machinery after consumption.
Lastly, customers should be warned that the use of cannabis during pregnancy or while breastfeeding may be harmful to children.
Potential customers should be clearly informed that by purchasing a product from your dispensary, they are assuming the risk of any damage or loss that occurs due to its use.
Moreover, dispensaries should take care to avoid any potential liabilities that may arise from giving medical advice about cannabis use. It is crucial to avoid making health claims about your dispensary’s products.
It should be made clear that any information that is provided by your dispensary or its employees is for educational and informational purposes only. It should also be stated that any information a customer receives should not supersede the medical advice given by an actual doctor.
Additionally, some dispensaries also choose to state that the accuracy of the educational information provided on their websites cannot be guaranteed by the dispensary or the business. Even if your content creators are excellent at their jobs, mistakes do happen, and it makes sense to limit their impact however possible.
For medical dispensaries that maintain patient data, a HIPAA notice is key.
Most websites choose to do this through the use of a notification pop-up. However, where and how prominently this notification is displayed is up to you. Check out these 4 different ways that you can use to notify visitors of cookies on your website.