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Branding Cannabis in a Regulated Market: Lessons from Oregon & California

Author
Matt Watson

Over the past decade, the cannabis industry has evolved from a stigmatized fringe market into a legitimate and fast-growing business sector. Nowhere is that transformation more evident—or more instructive—than in Oregon and California. These two West Coast pioneers have shaped the national conversation, offering contrasting lessons in cannabis branding, regulation, and marketing strategy. In this piece, I explore how businesses in each state have adapted, examining policy shifts, brand case studies, and the cultural forces that continue to redefine the industry. I’ve had the rare opportunity to witness—and contribute to—this shift firsthand.

“In cannabis, branding isn’t just about standing out—it’s about surviving regulation, earning trust, and reflecting the values of the communities you serve.” – Matt Watson
“Our cannabis businesses face some of the highest taxes and strictest rules in the country. The ones that survive are the ones that build brands grounded in transparency and compliance.” – Fiona Ma, California State Treasurer

Two Roads to Legalization: Cannabis Regulation in California vs. Oregon

California: A Pioneering Path with Complex Challenges

In 2012, California was already a front-runner in the world of medical cannabis. The state had legalized medical marijuana through Proposition 215 in 1996. However, the landscape was far from straightforward. Local municipalities held significant power in shaping regulations, resulting in a patchwork of rules that varied from one city to another.

As we moved closer to 2015, California took a significant step towards comprehensive regulation with the Medical Cannabis Regulation and Safety Act (MCRSA). This package of bills aimed to bring order to the chaotic cannabis landscape by introducing state-level licensing and regulation for medical cannabis businesses. Yet, the transition was far from seamless. Many cannabis businesses, which had previously operated in a legal gray area, now had to navigate a complex web of new regulations.

The challenges continued in 2016 when California voters passed Proposition 64, legalizing recreational cannabis use through the Adult Use of Marijuana Act (AUMA). This landmark legislation paved the way for further industry expansion and regulation but also introduced complexities related to taxation, licensing, and enforcement.

One of the significant lessons learned in California was the importance of striking a balance between state-level regulation and local autonomy. The state had to find ways to harmonize policies across diverse municipalities while addressing the concerns of local governments and communities. Additionally, the transition from a loosely regulated medical cannabis industry to a highly regulated recreational one revealed the need for robust compliance measures and clear communication to help businesses adapt.

Oregon: A Uniform Approach with Early Adaptation

Voters approved Measure 91 in 2014, legalizing recreational cannabis for adults aged 21 and older. This made Oregon one of the first states to legalize recreational use through a voter initiative. Unlike California's gradual transition, Oregon adopted a more uniform, state-centric approach to cannabis regulation from the outset.

In 2015, the Oregon Liquor Control Commission (OLCC) began accepting applications for recreational cannabis licenses, marking a swift response to the legalization mandate. The OLCC was tasked with implementing and enforcing regulations covering everything from cultivation to retail sales. This proactive approach laid the foundation for a more streamlined and cohesive regulatory framework compared to California's patchwork of local regulations.

Oregon's early adoption of a regulatory framework allowed the state to address challenges such as product quality, safety, and taxation more effectively. By imposing strict standards from the outset, Oregon aimed to create a safer and more predictable environment for both consumers and businesses.

A valuable lesson from Oregon's experience is the importance of clarity and consistency in regulations. By establishing a clear regulatory framework early on, Oregon minimized confusion and uncertainty within the industry. The state's approach underscored the significance of proactive planning and swift implementation when transitioning from a prohibitionist past to a regulated future.

Two Blueprints, One Industry: Regulatory Lessons from CA and OR

California's pioneering spirit and gradual transition have resulted in a complex regulatory landscape heavily influenced by local governments. In contrast, Oregon's uniform, state-centric approach has led to a more streamlined and cohesive regulatory framework.

These journeys have provided valuable lessons for both states. California has learned the importance of balancing state-level regulation with local autonomy, as well as the need for robust compliance measures and clear communication during transitions. Oregon has highlighted the benefits of early adoption of a comprehensive regulatory framework, emphasizing the significance of clarity and consistency in regulations.

As we reflect on these experiences, it's clear that the cannabis industry's evolution continues to be shaped by the lessons learned in these two contrasting landscapes. Navigating the complex world of cannabis branding and marketing in Oregon and California today requires a deep understanding of the historical context and the ongoing challenges and opportunities presented by their unique regulatory environments.

Business Learnings

Wyld: The Journey of Sustainable Success

Wyld, a leading player in the cannabis edibles market, provides a compelling case study in how aligning with regional values can drive brand growth. In Oregon, where Wyld was born, the company tapped into the state's reputation for sustainability and environmental consciousness. By emphasizing natural ingredients and eco-conscious packaging, Wyld not only met the expectations of the Oregonian market but exceeded them. This strategy was reflected in their growth statistics, with a 45% increase in sales from 2018 to 2019, showcasing the impact of a sustainability-focused approach.

In California, where competition is fierce and the market is significantly larger, Wyld faced the challenge of standing out. Leveraging their adaptability, the company embraced California's diverse cultural landscape. Collaborations with local artists and influencers allowed Wyld to connect with the vibrant cannabis community, contributing to a remarkable 70% growth in sales from 2019 to 2020. This demonstrates the brand's ability to scale nationwide while maintaining its commitment to aligning with local values.

Mule: Navigating Complex Regulations with Quality Focus

Mule, a cannabis beverage brand, embarked on a journey of growth shaped by California's intricate regulatory landscape. California's stringent testing requirements and diverse consumer preferences presented formidable challenges. In response, Mule doubled down on quality and transparency. They invested heavily in product education, ensuring consumers understood the consistency and excellence of their offerings. This approach resulted in a 60% increase in market share within California from 2017 to 2018.

In Oregon, where regulations were comparatively streamlined, Mule pursued a different strategy. They focused on building a brand identity rooted in the Pacific Northwest's outdoor culture. This "Oregonian" vibe resonated with consumers seeking authenticity, leading to a 35% growth in market share from 2018 to 2019. Mule's journey illustrates the importance of tailoring marketing strategies to the specific challenges and opportunities presented by a region's regulatory framework.

Oasis: Navigating Cross-State Branding

Oasis, a dispensary chain with locations in both Oregon and California, navigates the complexities of cross-state branding. In Oregon, they emphasized responsible consumption and community engagement, aligning with the state's values. However, as they expanded to California, the emphasis shifted towards product diversity and catering to a wide range of consumer preferences.

Oasis's growth trajectory reflects the need for adaptability in the cannabis industry. While they achieved a 25% growth in market share in Oregon from 2016 to 2017, their growth in California from 2017 to 2018 was even more impressive, with a 40% increase in market share. This demonstrates their ability to pivot their branding and marketing strategies to cater to the unique demands of each state, providing valuable insights into the challenges and opportunities of cross-state expansion in the cannabis market.

A Decade of Transformation

The cannabis industry has undergone a seismic shift over the past decade. It has evolved from a shadowy underworld to a legitimate business sector, and branding played a pivotal role in this transformation. Our journey in the cannabis industry has been deeply rooted in collaboration with visionaries who played pivotal roles in shaping the regulatory landscape. Anthony Johnson, an activist and lawyer who co-authored Oregon's Measure 91, became a crucial partner in our efforts. Together, we worked to navigate the intricacies of Oregon's cannabis regulations and establish a strong foundation for ethical and innovative branding.

Steve Marks, as the Executive Director of the Oregon Liquor Control Commission (OLCC), was instrumental in implementing and enforcing cannabis regulations in the state. Our collaboration with him provided invaluable insights into the regulatory challenges and opportunities within the industry. This partnership allowed us to design branding and marketing strategies that not only met regulatory requirements but also upheld the highest standards of ethics and transparency.

Working Across Sectors: Dispensaries, Growers, and Beyond

Our engagement in the cannabis industry extends across multiple sectors, including dispensaries, growers, and ancillary businesses. Through collaborations with dispensaries, we have assisted in creating welcoming and informative customer experiences, emphasizing responsible consumption and community engagement. By aligning branding strategies with the values of each dispensary, we've helped build trust and credibility within local communities.

In the realm of cannabis cultivation, our work with growers has focused on promoting sustainable practices and product quality. We've assisted growers in highlighting their commitment to environmental stewardship, aligning with the Pacific Northwest's ethos of eco-conscious living.

Diverse Markets: Medical, Sleep, and Recreation

The cannabis industry encompasses diverse markets, each with its unique challenges and opportunities. Our experience in branding and marketing extends to medical cannabis, where the focus is on educating patients, healthcare professionals, and the public about the therapeutic potential of cannabis. By emphasizing the science and research behind medical cannabis, we've contributed to reducing stigma and expanding access.

In the emerging market of cannabis-infused sleep products, we've collaborated with businesses to position their offerings as holistic solutions for sleep-related issues. Our strategies have emphasized the importance of responsible consumption and product transparency, addressing the specific needs of consumers seeking sleep-related relief.

In the recreational cannabis market, where the landscape is dynamic and competitive, our work has emphasized innovation, ethics, and authenticity. We've helped businesses stand out by aligning with regional values, collaborating with local influencers, and adapting to evolving consumer preferences.


Conclusion

The journey in the cannabis industry is marked by a commitment to innovation, ethics, and authenticity. Collaborations with influential figures like Anthony Johnson and Steve Marks, as well as a deep respect for the legacy of Dennis Peron, have guided our efforts in shaping the regulatory landscape and broadening the acceptance of cannabis.

Our work spans across sectors, including dispensaries, growers, and diverse markets such as medical, sleep, and recreation. By aligning branding and marketing strategies with regional values and regulatory frameworks, we have helped businesses not only navigate the challenges but also capitalize on the opportunities within the ever-evolving cannabis industry.

As we reflect on our experiences, it is clear we remain dedicated to promoting responsible consumption, transparency, and trust within the cannabis community. With a focus on collaboration, education, and innovation, we continue to play a vital role in shaping the future of cannabis acceptance and the growth of businesses in this dynamic and promising industry.