Midway through 2025, the cannabis ecommerce sector faces an urgent and rapidly evolving risk: Americans with Disabilities Act (ADA) website accessibility lawsuits. According to the 2025 EcomBack Mid-Year ADA Website Lawsuit Report, over 2,000 accessibility lawsuits were filed from January to June, with cannabis and hemp retailers landing squarely in plaintiffs’ crosshairs.
Add in analysis from UsableNet's 2025 Midyear Accessibility Trends Report, and it’s clear: ecommerce is now the #1 ADA litigation target—and cannabis websites, with their unique compliance layers, are especially vulnerable.
This comprehensive checklist helps cannabis operators evaluate and remediate their online storefronts for ADA cannabis website compliance, focusing on accessibility challenges closely tied to industry-specific requirements like age gates, menu plugins, online ordering, and ID verification.
The 2025 ADA Risk Landscape: Why Cannabis Ecommerce is in the Spotlight
ADA Title III lawsuits increasingly target online businesses whose websites or apps are not usable by people with disabilities. Courts (especially in NY, CA, and FL) have regularly upheld that online stores are “places of public accommodation,” and the trend continues in 2025.
Why cannabis and hemp ecommerce?
- Age verification/ID modals often block navigation for screen readers or keyboard users.
- Embedded menu systems and third-party e-commerce plugins frequently fail WCAG 2.2 accessibility benchmarks.
- Product imagery and document downloads (lab results, COAs) commonly lack descriptive alt text or accessible PDFs.
- Online ordering and curbside checkout flows stack layer on layer of potential accessibility barriers.
With lawsuits concentrated in New York, California, and Florida, and plaintiffs' attorneys keen on cannabis sites, the liability is clear and growing.
Cannabis Ecommerce Accessibility Checklist: Key Compliance Areas in 2025
Below you'll find a detailed, cannabis-specific ADA website accessibility checklist—designed to help operators reduce risk, protect revenue, and foster an inclusive customer experience.
Typical barrier: Overlays that trap keyboard focus or break screen reader workflows.
- Ensure all age verification popups and modal overlays can be entirely navigated and dismissed via keyboard (Tab, Shift+Tab, Enter/Escape keys).
- All buttons (Confirm/Exit/Submit) must be programmatically labeled for screen readers.
- Age input fields (date of birth selectors, ID uploads) require labels, clear instructions, and ARIA roles as needed.
- Screen readers should announce age gate modals on trigger, and return focus to a logical page element when closed.
- If using ID upload/verification plugins, verify that upload buttons, form fields, and error messages are accessible via keyboard and assistive tech.
2. Third-Party Menus and Product Browsing Plugins
Typical barrier: Javascript-heavy menu embeds (e.g., Dutchie, Leafly menus) often lack keyboard navigation, have low color contrast, or ignore ARIA best practices.
- Validate all embedded menus and popups can be fully navigated using a keyboard alone.
- Ensure menu listings, product tiles, and filter/sort functions use appropriate HTML semantics and ARIA roles.
- Test menu interfaces with leading screen readers (NVDA, JAWS, VoiceOver); all menu items should be announced correctly.
- Color contrast between text/menu items and backgrounds must meet minimum WCAG 2.2 levels (AA standard is 4.5:1 for text).
- Error messages (e.g., “No products found”) must be programmatically associated with relevant input fields and announced by screen readers.
3. Alt Text, COAs, and Document Accessibility
Typical barrier: Product images, badges, and downloadable Certificates of Analysis (COAs) without alt text or in inaccessible PDF formats.
- Every product image must include alternative text that conveys the same essential information to visually impaired users.
- Downloadable COA/lab report files should be tagged PDFs or otherwise accessible. Non-compliant PDFs fail ADA and WCAG standards.
- Do not use decorative images as the only way to show key product info (strain, potency results). Duplicate in text.
- When images are used for CTAs (e.g., “Order Now” button graphics), provide equivalent accessible button elements.
4. Online Ordering, Checkout, and Curbside Workflows
Typical barrier: Order forms, cart summaries, and pickup options often lack keyboard or screen reader support, particularly if created by third-party plug-ins.
- Order forms (product add/remove/counter, delivery details, payment steps) need proper labeling, tab order, and error flagging.
- Dynamic cart updates, price changes, and order confirmations must alert screen readers of status changes.
- Pickup/curbside/express order flows should allow users to select options and complete checkouts entirely without a mouse.
- Embedded address lookups/maps should not block users who rely on the keyboard, and should provide text alternatives for location details.
- All order summary, confirmation, and status pages should be accessible (including downloadable receipts, order tracking, etc.).
5. Color Contrast and Visual Design
- Check all headers, menu items, CTA buttons, menu backgrounds, and highlighted states for at least 4.5:1 color contrast ratio.
- Avoid error state highlights that rely only on color (use icons, ARIA status messages, or text labels).
- Ensure focus indicators are visible for all interactive elements (links, buttons, menu items).
High-Risk Jurisdictions: New York, California, Florida
Plaintiffs’ firms in NY, CA, and FL are filing the lion’s share of ADA cannabis website compliance suits. Dispensaries and delivery operators in these states must be especially proactive. For the latest regulatory guidance, see:
Vendor Risk & Indemnification: Protect Your Business
Many dispensaries rely on third-party ecommerce platforms or web agencies, assuming those vendors provide compliant solutions. However:
- Review your contracts: Does your menu/ecommerce vendor indemnify you for ADA/accessibility claims?
- Require vendors to certify full WCAG 2.2 AA compliance for all customer-facing modules.
- Conduct regular third-party audits—automated scans are insufficient; request manual accessibility reviews covering cannabis-specific flows.
- Consider specialized accessibility insurance or policy riders.
Accessibility Meets State Cannabis Rules: What’s Unique?
Accessibility isn’t just a standalone obligation; it intersects with key state cannabis regulations:
- Advertising & youth appeal restrictions: Age gates are mandatory in most states, but must be accessible to all users. Inaccessible age verification can both violate ADA and trigger state enforcement.
- Transparency rules: Lab results, ingredients, and health warnings (often required on product pages) must be accessible, not only visually displayed.
Cannabis retailers and brands are expected to demonstrate a “good faith effort” to accommodate all consumers—failure to address accessibility may amplify enforcement risk and hinder license renewals, especially in highly regulated states.
Key Takeaways for Cannabis Businesses
- ADA website compliance is not optional in 2025—and cannabis ecommerce is drawing extra scrutiny.
- Prioritize accessibility for age gates, online menus, ID and checkout flows as these are the most litigated hotspots.
- Don’t depend solely on platform or menu vendors; demand contracts that clearly address ADA risk and indemnity.
- Regularly test your website (manual + automated) for accessibility, and document remediation steps as part of your broader cannabis compliance program.
For dispensaries, delivery services, and multi-state operators, mitigating ADA risk is now a core compliance priority—on par with security, seed-to-sale tracking, or packaging.
Want to reduce your ADA risk and keep your online storefront compliant?Visit CannabisRegulations.ai for up-to-date compliance resources, vendor vetting guides, and expert support tailored to the cannabis industry.
