When dispensaries think about legal risk, the focus is usually on licensing, inventory, and product compliance.

However, a significant number of compliance issues arise from how dispensaries communicate with customers. Messaging, notifications, and marketing communications are frequently scrutinized by regulators and carriers.

This article highlights common communication-related legal issues dispensaries face and explains how clearer communication practices help reduce risk.

Why Customer Communication Creates Legal Exposure

Customer communication leaves a record. Text messages, notifications, and promotional outreach can be reviewed long after they are sent.

When communication practices are inconsistent or poorly documented, dispensaries may face regulatory inquiries, customer complaints, or carrier enforcement.

Consent and Permission Issues

One of the most common legal problems involves customer consent.

• Unclear opt-in language
• Assuming consent carries over from other channels
• Missing or incomplete records of permission

Without clear consent, customer messaging can quickly become a compliance issue.

Opt-Out and Unsubscribe Handling

Dispensaries are required to honor opt-out requests promptly.

• Failure to process opt-outs immediately
• Unclear opt-out instructions
• Continuing to message after a request to stop

Improper opt-out handling is a frequent source of complaints.

Message Content and Tone Risks

The content of customer messages also matters.

• Overly promotional language
• Misleading claims
• Lack of clear sender identification

Messages that appear deceptive or aggressive attract unwanted attention from carriers and regulators.

Frequency and Timing Mistakes

Even compliant messages can create issues when sent too often or at inappropriate times.

• Excessive message volume
• Unpredictable sending patterns
• Messages sent outside reasonable hours

High opt-out rates often signal deeper communication problems.

Carrier Enforcement Happens Before Legal Action

Mobile carriers actively monitor messaging behavior.

Filtering, throttling, or blocking often occurs before any formal legal process begins. This makes communication practices a practical compliance concern, not just a legal one.

How Clear Communication Reduces Legal Risk

Dispensaries that focus on clarity and consistency reduce exposure.

• Clear opt-in processes
• Consistent sender identification
• Predictable messaging cadence
• Immediate opt-out handling

These practices create transparency and accountability.

Text Messaging as a Compliance Support Tool

Text messaging can support compliance when used primarily for informational and operational updates.

Order confirmations, pickup notifications, and status updates are generally lower risk than aggressive promotions.

Final Takeaway

Many dispensary legal issues are rooted in communication practices rather than product compliance.

Clear consent, predictable messaging, and consistent processes help dispensaries reduce risk while maintaining effective customer communication.

Related Articles

Why Dispensaries Fail: It’s Usually Not the Product

Why Dispensaries Fail: It’s Usually Not the Product

Read More

The Modern Dispensary Technology Stack (and Why SMS Sits at the Center)

The Modern Dispensary Technology Stack (and Why SMS Sits at the Center)

Read More

Dispensary Profitability: Where Margins Are Lost (and Where Communication Helps)

Dispensary profitability is rarely determined by product pricing alone. Many dispensaries with strong sales still struggle to maintain healthy margins.

Read More