Definition
Opt-in and consent refer to the documented permission a customer gives before receiving SMS or MMS messages from your dispensary. In regulated messaging industries, this permission must be clear, informed, and revocable.
This applies to:
- Dispensary retail stores collecting phone numbers at checkout
- Ecommerce sites capturing phone numbers during account creation
- Loyalty programs that send promotional or transactional messages
- Order status and delivery notifications
You should use a structured opt-in process any time you send marketing messages, recurring promotional content, or automated campaigns. Even transactional messaging may require clear disclosure depending on how it is implemented.
Why This Matters for Dispensaries
Cannabis businesses operate under heightened carrier scrutiny. Wireless carriers evaluate message content, consent records, and complaint history. Improper consent collection can lead to:
- Carrier filtering and blocked campaigns
- Brand registration rejection through The Campaign Registry
- Customer complaints to the FCC
- Increased opt-outs and poor deliverability
Dispensaries often collect phone numbers for loyalty or rewards. That alone is not consent for marketing texts. Consent must be specific to SMS and clearly disclosed.
If you are running automated messaging, review your campaign setup inside Mass Texting and ensure your flows reflect documented permission standards.
Step-by-Step Implementation
Below is a structured implementation framework dispensaries can follow.
- Define message types: promotional, transactional, or mixed.
- Create clear opt-in language describing frequency and content.
- Collect explicit consent through web forms, POS, or QR signups.
- Store timestamp, source, and IP or location data when available.
- Enable automatic STOP opt-out handling.
- Monitor delivery and filtering patterns.
Consent language should include:
- Brand name
- Message frequency disclosure
- Possible message and data rates notice
- Opt-out instructions
Routing configuration can impact filtering. Review your account’s Smart Routing logic to ensure compliant traffic separation between transactional and promotional flows.
Common Mistakes
Many dispensaries unintentionally violate messaging principles by making assumptions about consent.
| Mistake | Why It Is Risky | Correct Approach |
|---|---|---|
| Using loyalty signup as SMS consent | Loyalty enrollment does not equal marketing permission | Include explicit SMS disclosure checkbox |
| Pre-checked opt-in boxes | May not meet express consent standards | Require active user action |
| No opt-out confirmation | Carrier compliance failure | Automatically process STOP requests |
| Buying contact lists | High complaint risk and filtering | Only use first-party collected data |
Practical Examples
Example 1: In-Store Checkout
A budtender asks for a phone number for rewards. The POS displays a clear checkbox: “I agree to receive recurring promotional texts from [Dispensary Name]. Msg frequency varies. Msg and data rates may apply. Reply STOP to opt out.”
Consent is logged with timestamp and store location.
Example 2: Ecommerce Account Creation
The website includes a separate SMS opt-in field, not bundled with email consent. Consent logs are stored and tied to campaign registration requirements under Compliance.
Example 3: Order Notifications
Transactional alerts are configured separately through Order Alerts and clearly disclosed at checkout as order-related messaging.
Metrics That Matter
Compliance is measurable. Monitor these indicators:
- Opt-in rate by source
- STOP rate percentage
- Carrier filtering rate
- Complaint rate
- Delivery success rate
You can review inbound responses and opt-out processing inside your Inbox to identify patterns early.
FAQ
Question: Is verbal consent enough?
Answer: Verbal consent alone is difficult to document and may not satisfy carrier review. Written or digital capture is safer.
Question: Does signing up for loyalty mean SMS permission?
Answer: No. SMS consent must be clearly disclosed and separately acknowledged.
Question: Do transactional messages require opt-in?
Answer: They require disclosure and alignment with the original purpose for collecting the number.
Question: Can customers opt out at any time?
Answer: Yes. STOP requests must be processed immediately and automatically.
Question: What happens if complaint rates increase?
Answer: Carriers may filter or suspend traffic. Monitoring is essential.
Question: Should cannabis content be disclosed during opt-in?
Answer: Yes. The customer should understand they are subscribing to cannabis-related marketing messages.
Question: How long should consent records be stored?
Answer: Retain consent records consistent with federal and state regulatory guidance and internal policy.
Question: Does double opt-in improve compliance?
Answer: Double opt-in can reduce complaint risk and strengthen documentation, especially in regulated industries.
Sources and Further Reading
CTIA Messaging Principles and Best Practices provides carrier-supported standards for consent and opt-out handling.
The Campaign Registry explains brand and campaign registration requirements for A2P 10DLC messaging.
Federal Communications Commission Telemarketing Rules outlines federal guidance related to consumer consent and complaint processes.
Federal Trade Commission Compliance Guidance explains disclosure and consumer protection principles relevant to marketing communications.