Photo: The Canadian Press Mature cannabis plants are photographed at the CannTrust Niagara Greenhouse Facility during the major opening event…
Photo: The Canadian Press
Mature cannabis plants are photographed at the CannTrust Niagara Greenhouse Facility during the major opening event in Fenwick, Ont., June 26, 201
8. CANADIAN PRESS / Tijana Martin
Despite strict rules restricting the promotion of current recreational pot, cannabis promotion continues to emerge among loopholes and lack of clarity about the application of the gray areas of legislation.
Almost a month since the legalization, there is disagreement in the sector of dark sections of the Cannabis Law governing marketing, with some licensed producers taking an aggressive approach and others holding back. “The fact that you do not see that an overwhelming wave of such kind of tactics still shows that there is still uncertainty,” said Rebecca Brown, founder of Crowns Agency, a Toronto-based marketing consultant focused on the marijuana industry.
Canada legalized pot f or recreational use on October 17, when strict guidelines for the plant’s campaign came into force.
The flash of advertising signs for the cannabis industry, sponsored concerts and popup information kiosks seen before legalization has decreased, but marijuana brands can be seen on taxi drivers or on social media – which may or may not violate the law due to interpretation.
The Cannabis Act prohibits the promotion of cannabis to young people and advertisements in places where it can be seen by people under the age of 18.
Also blocked is the use of claims or an illustration of a person, character or animal or marketing that presents “one way to live like one that contains glamor, recreation, excitement, vitality, risk or daring. ”  Some companies have already lost this clause in the law, “says Health Canada.
Since the legalization, health care has reached seven regulated parties “to promote an understanding of the new relations relatin g to promoting cannabis … and to give specific problems to their attention,” said the agency spokesman Eric Morissette.
All regulators contacted have dealt with or are in the process of addressing the issues raised by Health Canada.
The government agency would not detail what sections of the law were violated, but said that “for example,” there was concern for “promotion through images of people and campaigns that present a product or brand that associates it with a certain lifestyle, as a glamorous or recreational lifestyle. “
Health Canada said that it would not identify the parties concerned” provided they acted in good faith and took the necessary corrective action “.
Still on the pot campaign also has several exceptions and clauses which, some say, are open to interpretation.
An exception allows marketing with a “brand element” on a “non-cannabis or cannabis thing”, unless it is associated with youth or “vitality.”
To some, it means ads with just a brand or logo, and a site can be allowed on things like signs, Brown says.
“If you read the task clearly or literally, it should be allowed … There are really LPs that do not feel uncomfortable with it.”
Earlier this month, a cannabis ad was seen on a Toronto taxi cab with its brand and tagline: “Buds do not travel high. Run safely.”
The Canadian Marketing Organization’s marketing manual for cannabis says that advertising only with a brand element without appealing to young people or suggest a glamorous lifestyle may be allowed, but “keep cautious and consult a lawyer”.  Canada’s largest newspaper publisher Postmedia Network Inc. intends to run ads that fit into the loopholes in the act, spokesman Phyllise Gelfand said.
Postmedia announced earlier this month that it would stop delivering printed editions to schools for fear of sending paper. The latest newspapers for schools were October 31, but paper can still be delivered to home if it is directly to people over 18 years old, Gelfand said in an email.
When asked about ads with simply a brand element and a website in a newspaper would be considered compatible, Health Canada said it could not comment on a particular situation.  “Newspapers available to the public should generally not contain promotional material, including advertising related to cannabis,” says Health Canada spokeswoman Maryse Durette and notes that any campaign related to the pot may only be in a publication addressed and sent to anyone 18 years or older.