Ad Regulation Data

CompliantC AI ingests, manages & automates proximity-based ad regulation data for real-time ad compliance. In states and local municipalities where no ad regulations exist, CompliantC™ AI automates ethical ad compliance practices to set a public health & safety standard.

(Canadian & U.S. Ad Regulations Below)

Data Privacy & Ad Compliance

User privacy and cannabis ad regulations are rapidly evolving. Use multi-layered real-time compliance systems to safely reach eligible cannabis customers online.

Ad Regulation Data

Use cannabis ad regulation data for programmable communications to ensure real-time compliance and trusted delivery of digital advertising campaigns.

AI Monitoring Systems

AI is providing a major advantage in the marketplace. Use AI to optimize data at scale and protect your marketing with real-time compliance checks.

Automation & Growth

Navigate user privacy and cannabis ad regulations with extreme confidence. Empower your business with automated optimization across AI powered MarTech.

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Alaska

3 AAC 306.360. Restriction on advertising of marijuana and marijuana products. (Eff. 2/21/2016, Register 217; repealed 10/17/2018, Register 228)

3 AAC 306.770. Signs, merchandise, advertisements, and promotions

(a) Business cards and merchandise, including t-shirts, hats, and stickers, that are distributed by a licensed marijuana establishment and contain only the business name and logo,
license name, and location and contact information, are not advertising or promotions.

(b) A licensed marijuana establishment may have not more than three signs that are visible to the general public from the public right-of-way. Two of the three signs may only be placed in the marijuana facility’s window or attached to the outside of the licensed premises. The size of each sign may not exceed 4,800 square inches. A sign meeting these requirements is not advertising or promotions.

(c) An advertisement for a licensed marijuana establishment and for marijuana or a marijuana product must include the business name and license number.

(d) An advertisement for a licensed marijuana establishment is exempt from providing the warning statement in (g) of this section if

(1) the advertisement contains only the business name, logo, business type, contact information, location, and hours of operation; and

(2) the advertisement does not contain any written information about marijuana or a marijuana product or any photographic or illustrative depictions of marijuana or a marijuana product, other than depictions contained within the established business name font and logo.

(e) A logo or an advertisement for a licensed marijuana establishment and for marijuana or a marijuana product may not contain a statement or illustration that

(1) is false or misleading;

(2) promotes excessive consumption;

(3) represents that the use of marijuana has curative or therapeutic effects;

(4) depicts a person under 21 years of age consuming marijuana; or

(5) includes any object or character, including a toy, a cartoon character, or any other depiction that appeals to a person under 21 years of age.

(f) An advertisement for a licensed marijuana establishment and for marijuana or a marijuana product may not be placed

(1) within 1,000 feet of the perimeter of any child-centered facility, including a school, a child care facility or other facility providing services to children, a playground or recreation center, a public park, a library, or a game arcade that is open to persons under 21 years of age, except when included in an established publication intended for general readership;

(2) on or in a public transit vehicle or public transit shelter;

(3) on or in a publicly owned or operated property;

(4) within 1,000 feet of a substance abuse or treatment facility; or

(5) on a campus for postsecondary education.

(g) An advertisement for marijuana or any marijuana product must contain each of the following warnings, that must be plainly visible and at least half the font size of an advertisement on a sign, and no smaller than size nine font when the advertisement is in printed form; warnings in audio advertisements must be intelligible and played at the same speed as the advertisement;

(1) “Marijuana has intoxicating effects and may be habit forming and addictive.”;

(2) “Marijuana impairs concentration, coordination, and judgment. Do not operate a vehicle or machinery under its influence.”;

(3) “There are health risks associated with consumption of marijuana.”’;

(4) “For use only by adults twenty-one and older. Keep out of the reach of children.”;

(5) “Marijuana should not be used by women who are pregnant or breast feeding.”

(h) A licensed marijuana establishment that advertises by means of a web page must utilize appropriate measures to ensure that individuals visiting the web page are 21 years of age
or older.

(i) A licensed marijuana establishment may not engage in advertising by means of marketing directed towards location-based devices, including cellular phones, unless the marketing is a mobile device application installed on the device by the owner of the device who is 21 years of age or older and the application includes a permanent and easy opt-out feature.

(j) As long as no more than 30 percent of the event’s participants and audience is reasonably expected to be under 21 years of age, a licensed marijuana establishment may sponsor

(1) an industry trade show;

(2) a charitable event;

(3) a sports event or competition;

(4) a concert; or

(5) any other even approved in advance by the board.

(k) A licensed marijuana establishment may not encourage the sale of marijuana or a marijuana product

(1) by using giveaway coupons for marijuana or a marijuana product as promotional materials;

(2) by conducting games or competitions related to the consumption of marijuana or a marijuana product;

(3) by providing promotional materials or activities of a manner or type that would be especially appealing to children; or

(4) by holding promotional activities outside of the licensed premises. (Eff. 10/17/2018, Register 228)

For more information, please refer to Chapter 306. Regulation of the Marijuana Industry.

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Colorado

Refer to the Colorado Retail Marijuana Regulations:

R 1102 – Advertising General Requirement: No Deceptive, False or Misleading Statements

A Retail Marijuana Establishment shall not engage in Advertising that is deceptive, false, or misleading. A Retail Marijuana Establishment shall not make any deceptive, false, or misleading assertions or statements on any product, any sign, or any document provided to a consumer.

R 1104 –Advertising: Television

A. Television Defined. As used in this rule, the term “television” means a system for transmitting visual images and sound that are reproduced on screens, and includes broadcast, cable, on-demand, satellite, or internet programming. Television includes any video programming downloaded or streamed via the internet.

B. Television Advertising. A Retail Marijuana Establishment shall not utilize television Advertising unless the Retail Marijuana Establishment has reliable evidence that no more than 30 percent of the audience for the program on which the Advertising is to air is reasonably expected to be under the age of 21.

R 1105 –Advertising: Radio

A. Radio Defined. As used in this rule, the term “radio” means a system for transmitting sound without visual images, and includes broadcast, cable, on-demand, satellite, or internet programming. Radio includes any audio programming downloaded or streamed via the internet.

B. Radio Advertising. A Retail Marijuana Establishment shall not engage in radio Advertising unless the Retail Marijuana Establishment has reliable evidence that no more than 30 percent of the audience for the program on which the Advertising is to air is reasonably expected to be under the age of 21.

R 1106 –Advertising: Print Media

A Retail Marijuana Establishment shall not engage in Advertising in a print publication unless the Retail Marijuana Establishment has reliable evidence that no more than 30 percent of the publication’s readership is reasonably expected to be under the age of 21.

R 1107 –Advertising: Internet

A Retail Marijuana Establishment shall not engage in Advertising via the internet unless the Retail Marijuana Establishment has reliable evidence that no more than 30 percent of the audience for the internet web site is reasonably expected to be under the age of 21. See also Rule R 1114 – Pop-Up Advertising.

R 1108 – Advertising: Targeting Out-of-State Persons Prohibited.

A Retail Marijuana Establishment shall not engage in Advertising that specifically targets Persons located outside the state of Colorado.

R 1109 – Signage and Advertising: No Safety Claims Because Regulated by State Licensing Authority

No Retail Marijuana Establishment may engage in Advertising or utilize signage that asserts its products are safe because they are regulated by the State Licensing Authority.

R 1110– Signage and Advertising: No Safety Claims Because Tested by a Retail Marijuana Testing Facility

A Retail Marijuana Establishment may advertise that its products have been tested by a Retail Marijuana Testing Facility, but shall not engage in Advertising or utilize signage that asserts its products are safe because they are tested by a Retail Marijuana Testing Facility

R 1111– Signage and Advertising: Outdoor Advertising

A. Local Ordinances. In addition to any requirements within these rules, a Retail Marijuana Establishment shall comply with any applicable local ordinances regulating signs and Advertising.

B. Outdoor Advertising Generally Prohibited. Except as otherwise provided in this rule, it shall be unlawful for any Retail Marijuana Establishment to engage in Advertising that is visible to members of the public from any street, sidewalk, park or other public place, including Advertising utilizing any of the following media: any billboard or other outdoor general Advertising device; any sign mounted on a vehicle, any hand-held or other portable sign; or any handbill, leaflet or flier directly handed to any person in a public place, left upon a motor vehicle, or posted upon any public or private property without the consent of the property owner.

C. Exception. The prohibitions set forth in this rule shall not apply to any fixed sign that is located on the same zone lot as a Retail Marijuana Establishment and that exists solely for the purpose of identifying the location of the Retail Marijuana Establishment and otherwise complies with any applicable local ordinances

R 1112– Signage and Advertising: No Content That Targets Minors

A Retail Marijuana Establishment shall not include in any form of Advertising or signage any content that specifically targets individuals under the age of 21, including but not limited to cartoon characters or similar images.

R 1113 – Advertising: Advertising via Marketing Directed Toward Location-Based Devices

A Retail Marijuana Establishment shall not engage in Advertising via marketing directed towards location-based devices, including but not limited to cellular phones, unless the marketing is a mobile device application installed on the device by the owner of the device who is 21 year of age or older and includes a permanent and easy opt-out feature.

R 1114 – Pop-Up Advertising

A Retail Marijuana Establishment shall not utilize unsolicited pop-up Advertising on the internet.

R 1115 – Advertising: Event Sponsorship

A Retail Marijuana Establishment may sponsor a charitable, sports, or similar event, but a Retail Marijuana Establishment shall not engage in Advertising at, or in connection with, such an event unless the Retail Marijuana Establishment has reliable evidence that no more than 30 percent of the audience at the event and/or viewing Advertising in connection with the event is reasonably expected to be under the age of 21.

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Delaware

Refer to the Delaware Medical Marijuana Act:

(k) No person may advertise medical marijuana sales in print, broadcast, or by paid in-person solicitation of customers. This shall not prevent appropriate signs on the property of the registered compassion center, listings in business directories including phone books, listings in trade or medical publications, or the sponsorship of health or not-for-profit charity or advocacy events.

(l) A registered compassion center shall not share office space with nor refer patients to a physician.

(m) A physician shall not refer patients to a registered compassion center or registered designated caregiver, advertise in a registered compassion center, or, if the physician issues written certifications, hold any financial interest in a registered compassion center.

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District of Columbia

Refer to the District of Columbia Municipal Regulations for the Medical Marijuana Program:

5105.2 A medical marijuana certification provider shall include the following subjects in its education training program; which shall be submitted to the Department for approval:

(f) Advertising, promotion, and marketing of medical marijuana;

Chapter 58 Advertising

5800 sign Advertising

5800.1 Advertisements relating to the prices of medical marijuana shall not be displayed in the window of a registered establishment.

5800.2 Advertisements relating to medical marijuana shall not be displayed on the exterior of any window or on the exterior or interior of any door.

5800.3 No sign advertising medical marijuana on the exterior or visible from the exterior of any registered establishment or elsewhere in the District shall be illuminated at any time.

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Florida

The advertising regulations in Florida are as follows:

(h) A medical marijuana treatment center may not engage in advertising that is visible to members of the public from any street, sidewalk, park, or other public place, except:

1. The dispensing location of a medical marijuana treatment center may have a sign that is affixed to the outside or hanging in the window of the premises which identifies the dispensary by the licensee’s business name, a department-approved trade name, or a department-approved logo. A medical marijuana treatment center’s trade name and logo may not contain wording or images commonly associated with marketing targeted toward children or which promote recreational use of marijuana.

2. A medical marijuana treatment center may engage in Internet advertising and marketing under the following conditions:

a. All advertisements must be approved by the department.

b. An advertisement may not have any content that specifically targets individuals under the age of 18, including cartoon characters or similar images.

c. An advertisement may not be an unsolicited pop-up advertisement.

d. Opt-in marketing must include an easy and permanent opt out feature.

(i) Each medical marijuana treatment center that dispenses marijuana and marijuana delivery devices shall make available to the public on its website:

1. Each marijuana and low-THC product available for purchase, including the form, strain of marijuana from which it was extracted, cannabidiol content, tetrahydrocannabinol content, dose unit, total number of doses available, and the ratio of cannabidiol to tetrahydrocannabinol for each product.

2. The price for a 30-day, 50-day, and 70-day supply at a standard dose for each marijuana and low-THC product available for purchase.

3. The price for each marijuana delivery device available for purchase.

4. If applicable, any discount policies and eligibility criteria for such discounts.

For more information, please refer to Senate Bill 8A.

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Illinois

Refer to the Rules for the Administration of the Compassionate Use of Medical Cannabis Pilot Program:

RULES FOR ADMINISTRATION OF THE COMPASSIONATE USE OF MEDICAL CANNABIS PILOT PROGRAM
SECTION 1290.455 DISPENSARY ADVERTISEMENTS

Section 1290.455 Dispensary Advertisements

a) No registered dispensing organization shall place or maintain, or cause to be placed or maintained, an advertisement of cannabis or a cannabis-infused product in any form or through any medium:

1) Within 1,000 feet of the perimeter of a school grounds, playground, recreation center or facility, child care center, public park or library, or any game arcade admission to which is not restricted to persons age 21 years or older;

2) On or in a public transit vehicle or public transit shelter; or

3) On or in a publicly-owned or-operated property.

b) This Section does not apply to a noncommercial message.

“Advertise” means to engage in promotional activities including, but not limited to: newspaper, radio, Internet and electronic media, and television advertising; the distribution of fliers and circulars; and the display of window and interior signs.

Section 5-25. Department of Public Health to make health warning recommendations.

  (a) The Department of Public Health shall make recommendations to the Department of Agriculture and the Department of Financial and Professional  Regulation on appropriate health warnings for   dispensaries and advertising, which may apply to all   cannabis products, including item-type specific   labeling or warning requirements, regulate the facility   where cannabis-infused products are made, regulate   cannabis-infused products as provided in subsection (e) of Section 55-5, and facilitate the Adult Use Cannabis Health Advisory Committee.

Section 55-20. Advertising and promotions.

  (a) No cannabis business establishment nor any other   person or entity shall engage in advertising that   contains any statement or illustration that:

  (1) is false or misleading;

  (2) promotes over consumption of cannabis  or cannabis products;

  (3) depicts the actual consumption of cannabis or cannabis products;

  (4) depicts a person under 21 years of age consuming cannabis;

  (5) makes any health, medicinal, or therapeutic claims about cannabis or cannabis-infused products;

  (6) includes the image of a cannabis leaf or bud; or

  (7) includes any image designed or likely to appeal to minors, including cartoons, toys,  animals, or children, or any other likeness  to images, characters, or phrases that is designed in any manner to be appealing to or encourage consumption of persons  under 21 years of age.

  (b) No cannabis business establishment nor any other person or entity shall place or maintain, or cause to be placed or   maintained, an advertisement of cannabis or a cannabis-infused product in any form or through any medium:

  (1) within 1,000 feet of the perimeter of school grounds, a playground, a recreation center or facility, a child care center, a   public park or public library, or a game arcade to which admission is not restricted to persons 21 years of age or older;

  (2) on or in a public transit vehicle or public transit shelter;

  (3) on or in publicly owned or publicly operated property; or

  (4) that contains information that:

  (A) is false or misleading;

  (B) promotes excessive consumption;

  (C) depicts a person under 21 years of age consuming cannabis;

  (D) includes the image of a cannabis leaf; or

  (E) includes any image designed or likely to appeal to minors,   including cartoons, toys, animals, or children, or any other likeness to images, characters, or phrases that are popularly used to  advertise to children, or any imitation of candy packaging or  labeling, or that promotes consumption of cannabis.

  (c) Subsections (a) and (b) do not apply to an educational message.

  (d) Sales promotions. No cannabis business establishment nor any other person or entity may encourage the sale of cannabis   or cannabis products by giving away cannabis or cannabis products, by  conducting games or competitions related to the consumption of cannabis or cannabis products, or by providing promotional materials or activities of a manner or type that would be appealing to children.

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Maryland

There are currently no advertising regulations for the registered dispensaries, processors or producers in Maryland. For more information, please refer to Maryland’s Medical Cannabis Laws & Regulations.

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Massachusetts

Refer to the Implementation of an Act for the Humanitarian Medical Use of Marijuana:

(L) Marketing and Advertising Requirements

(1) A Registered Marijuana Dispensary (RMD) may develop a logo to be used in labeling, signage, and other materials. Use of medical symbols, images of marijuana, related paraphernalia, and colloquial references to cannabis and marijuana are prohibited from use in this logo.

(2) RMD external signage shall not be illuminated except for a period of 30 minutes before sundown until closing, and shall comply with local requirements regarding signage, provided however that the Department may further specify minimum signage requirements. Neon signage is prohibited at all times.

(3) A RMD shall not display on the exterior of the facility advertisements for marijuana or any brand name, and may only identify the building by the registered name.

(4) A RMD shall not utilize graphics related to marijuana or paraphernalia on the exterior of the RMD or the building in which the RMD is located.

5) A RMD shall not advertise the price of marijuana, except that it shall provide a catalogue or a printed list of the prices and strains of marijuana available at the RMD to registered qualifying patients and personal caregivers upon request.

(6) Marijuana, Marijuana Infused Products (MIPs), and associated products shall not be displayed or clearly visible to a person from the exterior of a RMD.

(7) A RMD shall not produce any items for sale or promotional gifts, such as T-shirts or novelty items, bearing a symbol of or references to marijuana or MIPs, including the logo of the RMD.

(8) All advertising materials and materials produced by a RMD and disseminated pursuant to 105 CMR 725.105(K) or (L) are prohibited from including:

(a) Any statement, design, representation, picture, or illustration that encourages or represents the use of marijuana for any purpose other than to treat a debilitating medical condition or related symptoms;

(b) Any statement, design, representation, picture, or illustration that encourages or represents the recreational use of marijuana;

(c) Any statement, design, representation, picture, or illustration related to the safety or efficacy of marijuana unless supported by substantial evidence or substantial clinical data with reasonable scientific rigor, which shall be made available upon the request of a registrant or the Department; or

(d) Any statement, design, representation, picture, or illustration portraying anyone under 18 years of age.

(9) Inside the RMD, all marijuana shall be kept in a limited access area inaccessible to any persons other than dispensary agents, with the exception of displays allowable under 105 CMR 725.105(L)(10). Inside the RMD, all marijuana shall be stored in a locked, access controlled space in a limited access area during non-business hours.

 (10) A RMD may display, in secure, locked cases, no more than one sample of each product offered for sale. These display cases may be transparent.

 (11) The Department shall maintain and make available a list of all RMDs, their dispensing location, and their contact information.

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Montana

Refer to the Montana Code Annotated 2015 – Montana Marijuana Act:

Section 19. Section 50-46-341 , MCA, is amended to read: “50-46-341. Advertising prohibited. Persons with licenses and individuals with valid registry identification cards may not advertise marijuana or marijuana-related products in any medium, including electronic media.”

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New Hampshire

Refer to Title X – Public Health, Chapter 126-X, Use of Cannabis for Therapeutic Purposes:

The department shall adopt rules, pursuant to RSA 541-A, governing alternative treatment centers and the manner in which it shall consider applications for registration certificates for alternative treatment centers, including, but not limited to:

(12) Advertising restrictions, including a prohibition of misrepresentation and unfair practices.

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New Jersey

SUBCHAPTER 12. MARKETING AND ADVERTISING 8:64–12.1

Marketing and advertising

(a) Alternative treatment centers shall restrict signage to black text on a white background on external signage, labeling and brochures for the alternative treatment center.

(b) Alternative treatment center signage shall not be illuminated at any time.

(c) Alternative treatment centers shall not display on the exterior of the facility advertisements for medicinal marijuana or a brand name except for purposes of identifying the building by the permitted name.

d) Alternative treatment centers shall not advertise the price of marijuana, except that:

1. An ATC can provide a catalogue or a printed list of the prices and strains of medicinal marijuana available at the alternative treatment center to registered qualifying patients and primary caregivers.

(e) Marijuana and paraphernalia shall not be displayed or clearly visible to a person from the exterior of an alternative treatment center.

(f) Alternative treatment centers shall not produce any items for sale or promotional gifts, such as T-shirts or novelty items, bearing a symbol or references to marijuana. This prohibition shall not pertain to paraphernalia sold to registered qualifying patients or their primary caregivers.

For more information, please refer to the Final Rules for the Medicinal Marijuana Program.

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New Hampshire

Refer to Title X – Public Health, Chapter 126-X, Use of Cannabis for Therapeutic Purposes:

The department shall adopt rules, pursuant to RSA 541-A, governing alternative treatment centers and the manner in which it shall consider applications for registration certificates for alternative treatment centers, including, but not limited to:

(12) Advertising restrictions, including a prohibition of misrepresentation and unfair practices.

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New Mexico

New Mexico currently does not have advertising regulations for medical marijuana dispensaries. For more information, please see the Licensing Requirements for Producers, Couriers, Manufacturers, and Laboratories.

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New York

Refer to the Official Compilation of Codes, Rules and Regulations of the State of New York for Medical Marijuana:

§1004.16 Medical marihuana marketing and advertising by registered organizations. Restricts the marketing and advertising of medical marihuana.

(d) All advertisements, regardless of form, for approved medical marihuana products that make a statement relating to effectiveness, side effects, consequences, and contraindications shall present a true and accurate statement of such information.

(e) An advertisement does not satisfy the requirement that it presents a “true and accurate statement” of information relating to effectiveness, side effects, consequences, and contraindications if it fails to present a fair balance between information relating to effectiveness, side effects, consequences, and contraindications in that the information relating to effectiveness is presented in greater scope, depth, or detail than is the information relating to side effects, consequences and contraindications, taking into account all implementing factors such as typography, layout, contrast, headlines, paragraphing, white space, and any other techniques apt to achieve emphasis.

(f) An advertisement is false, lacking in fair balance, or otherwise misleading if it:

(1) contains a representation or suggestion that one marihuana brand or form is better, more effective, useful in a broader range of conditions or patients or safer than other drugs or treatments including other marihuana brands or forms, unless such a claim has been demonstrated by substantial scientific or clinical experience;

(2) Contains favorable information or opinions about a marihuana product previously regarded as valid but which have been rendered invalid by contrary and more credible recent information;

(3) Uses a quote or paraphrase out of context or without citing conflicting information from the same source, to convey a false or misleading idea;

(4) Uses a study on persons without a debilitating medical condition without disclosing that the subjects were not suffering from a debilitating medical condition;

(5) Uses data favorable to a marihuana product derived from patients treated with a different product or dosages different from those recommended in New York State;

(6) Contains favorable information or conclusions from a study that is inadequate in design, scope, or conduct to furnish significant support for such information or conclusions; or

(7) Fails to provide adequate emphasis for the fact that two or more facing pages are part of the same advertisement when only one page contains information relating to side effects, consequences and contraindications.

(g) False or misleading information in any part of the advertisement shall not be corrected by the inclusion of a true statement in another distinct part of the advertisement.

(h) An advertisement for any approved medical marihuana product shall not contain:

(1) any statement that is false or misleading;

(2) any statement that falsely disparages a competitor’s products;

(3) any statement, design, or representation, picture or illustration that is obscene or indecent;

(4) any statement, design, representation, picture or illustration that encourages or represents the use of marihuana for a condition other than a serious condition as defined in subdivision seven of section thirty-three hundred sixty of the public health law;

(5) any statement, design, representation, picture or illustration that encourages or represents the recreational use of marihuana;

(6) any statement, design, representation, picture or illustration related to the safety or efficacy of marihuana, unless supported by substantial evidence or substantial clinical data;

(7) any statement, design, representation, picture or illustration portraying anyone under the age of 18, objects suggestive of the presence of anyone under the age of 18, or containing the use of a figure, symbol or language that is customarily associated with anyone under the age of 18;

(8) any offer of a prize, award or inducement to a certified patient, designated caregiver or practitioner related to the purchase of marihuana or a certification for the use of marihuana; or  

 

 

(9) any statement that indicates or implies that the product or entity in the advertisement has been approved or endorsed by the commissioner, department, New York State or any person or entity associated with New York State provided that this shall not preclude a factual statement that an entity is a registered organization.

 

(i) Any advertisement for an approved medical marihuana product shall be submitted to the department at least 30 business days prior to the public dissemination of the advertisement.

(j) The submitter of the advertisement shall provide the following information to the department in addition to the advertisement itself:

(1) A cover letter that:

(i) provides the following subject line: Medical marihuana advertisement review package for a proposed advertisement;

(ii) provides a brief description of the format and expected distribution of the proposed advertisement; and

(iii) provides the submitter’s name, title, address, telephone number, fax number, and email address;

(2) an annotated summary of the proposed advertisement showing every claim being made in the advertisement and which references support for each claim;

(3) verification that a person identified in an advertisement as an actual patient or health care practitioner is an actual patient or health care practitioner and not a model or actor;

(4) verification that a spokesperson who is represented as an actual patient is indeed an actual patient;

(5) verification that an official translation of a foreign language advertisement is accurate;

(6) annotated references to support disease or epidemiology information, cross-referenced to the advertisement summary; and

(7) a final copy of the advertisement, including a video where applicable, in a format acceptable to the department.

(k) Advertising packages that are missing any of the elements in subdivision.

(j) of this section, or that fail to follow the specific instructions for submissions, shall be considered incomplete. If the department receives an incomplete package, it shall so notify the submitter.

(l) No advertisement may be disseminated if the submitter of the advertisement has received information that has not been widely publicized in medical literature that the use of any approved medical marihuana product may cause fatalities or serious damage to a patient.

(m) A registered organization, its officers, managers and employees shall not cooperate, directly or indirectly, in any advertising if such advertising has the purpose or effect of steering or influencing patient or caregiver choice with regard to the selection of a practitioner, or approved medical marihuana product.

(n) The department may:

(1) require a specific disclosure be made in the advertisement in a clear and conspicuous manner if the department determines that the advertisement would be false or misleading without such a disclosure; or

(2) require that changes be made to the advertisement that are:

(i) necessary to protect the public health, safety and welfare; or

(ii) consistent with dispensing information for the product under review.

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Oregon

Refer to Oregon’s Medical Marijuana Dispensary Program Forms and Signage:

(2) The function, duties, and powers of the commission in sections 3 to 70 of this Act include the following:

(g) To regulate and prohibit any advertising by manufacturers, processors, wholesalers or retailers of marijuana items by the medium of newspapers, letters, billboards, radio or otherwise.

Q. What signage must dispensaries display at their sites?

NOTE: All required signage is available on the Forms and Signage page.

Signage

(1) A licensee must post:

(a) At every licensed premises signs that read:

(A) “No Minors Permitted Anywhere on This Premises”; and

(B) “No On-Site Consumption of Marijuana”; and

(b) At all areas of ingress or egress to a limited access area a sign that reads: “Do Not Enter – Limited Access Area – Access Limited to Licensed Personnel and Escorted Visitors.”

(2) All signs required by this rule must be:

(a) Legible, not less than 12 inches wide and 12 inches long, composed of letters not less than one-half inch in height;

(b) In English and Spanish; and

(c) Posted in a conspicuous location where the signs can be easily read by individuals on the licenses premises.

(2) A retailer must post in a prominent place signs at every:

(a) Point of sale that read:

(A) “No Minors Permitted Anywhere on the Premises”; and

(B) “No On-Site Consumption”.

(b) Exit from the licensed premises that reads: “Marijuana or Marijuana Infused Products May Not Be Consumed In Public”

Point of Sale Signage

A registered dispensary that has notified the Oregon Health Authority that it is conducting retail sales must also post the following signs at the point of sale:

  • Pregnancy Warning Poster
  • Poisoning Prevention Poster
  • A color copy of the “Educate Before You Recreate” poster (Source: whatslegaloregon.com).

Marijuana Information Card

Distribute to each individual at the time of sale a Marijuana Information Card, prescribed by the Authority, measuring 3.5 inches high by 5 inches.

Sections 845-025-8000 to 845-025-8080 of the OLCC Division 25 Recreational Marijuana rules cover advertising restrictions for cannabis license holders. According to that document, marijuana advertising may not:

  • Contain deceptive, false, or misleading statements
  • Contain content that targets anyone under age 21
  • Encourage transportation of marijuana items across state lines
  • Claim marijuana items are safe because they’re regulated by the OLCC or have been tested by a certified laboratory
  • Make claims that any government agency supports or endorses cannabis
  • Claim recreational marijuana has curative or therapeutic effects
  • Show consumption of marijuana items
  • Encourage the use of marijuana for its intoxicating effect or encourage rapid or excessive consumption

Oregon’s rules related to advertising specifically limit some forms of guerrilla marketing, digital marketing, and more:

  • No advertising through handbills passed out in public areas
  • No television, radio, billboards, print media, or internet advertising unless there is evidence that no more than 30% of the audience is under the age of 21
  • No advertising via marketing directed towards location-based devices (including but not limited to mobile phones unless the marketing is a mobile app that was installed by the device owner who is 21 years of age or older and includes an easy and permanent opt-out feature).

 

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Rhode Island

There are currently no advertising regulations for medical marijuana dispensaries in Rhode Island. For more information, please refer to the Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act.

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Texas

The advertising regulations for Texas’ CBD distribution centers is to be determined. For more information, please refer to the Texas Compassionate-Use Act. 

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Vermont

The advertising regulations for Texas’ CBD distribution centers is to be determined. For more information, please refer to the Texas Compassionate-Use Act. 

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WashinGton

Refer to the Washington State Legislature section on cannabis advertising:

WAC 314-55-155

Advertising.

Business Signs and Outdoor Advertising

  • Licensees are limited to two signs (maximum 1600 sq. inches) that are permanently affixed to a building or other structure on the licensed premises.
  • Other forms of signage/outdoor advertising are prohibited, such as sign spinners, sandwich boards, inflatables, persons in costume, etc.
  • Signs are limited to the following information:
    • Business or tradename,
    • Business location, and
    • Identifying the nature of the business.
  • Signs must contain text stating that marijuana products may be purchased or possessed only by persons 21 years of age or older.
  • Signs cannot contain depictions of plants or products (ex: leaf = plant, joint = product), or use movie or cartoon characters, or any other depiction that might be appealing to children.
  • Signs may contain:
    • Images – Will be further clarified in rule, but images cannot be plants, products, appealing to children, etc.
    • Logos – Logos may not contain plants, products, or be appealing to children, etc.

Billboards
Licensed retail outlets may use a billboard solely for the purpose of identifying the name of the business, the nature of the business, and providing the public with directional information to the licensed retail outlet.

  • Billboards are limited to the same restrictions as outdoor signs (listed above):
    • Billboards must contain text stating that marijuana products may be purchased or possessed only by persons 21 years of age or older.
    • Billboards cannot contain depictions of plants or products (ex: leaf = plant, joint = product), or use movie or cartoon characters, or any other depiction that might be appealing to children.
    • Billboards may contain:
      • Images – Will be further clarified in rule, but images cannot be plants, products, appealing to children, etc.
      • Logos – Logos may not contain plants, products, or be appealing to children, etc.
  • Billboards must contain all of the warnings required for advertising under WAC 314-55-155.

Other Advertising Restrictions 

  • Transit advertising is prohibited on or in public or private vehicles and at bus stops, taxi stands, transportation waiting areas, train stations, airports, etc. This includes vinyl wrapped vehicles, logoed delivery vehicles/company cars.
  • All print advertising must contain text that marijuana products may be purchased or possessed only by persons 21 years of age or older.
  • Licensees are prohibited from engaging in advertising that specifically targets persons outside the state of Washington.

(2) General. All marijuana advertising and labels of useable marijuana and marijuana-infused products sold in the state of Washington may not contain any statement, or illustration that:

(a) Is false or misleading;

(b) Promotes over consumption;

(c) Represents the use of marijuana has curative or therapeutic effects;

(d) Depicts a child or other person under legal age to consume marijuana, or includes:

(i) Objects, such as toys, characters, or cartoon characters suggesting the presence of a child, or any other depiction designed in any manner to be especially appealing to children or other persons under legal age to consume marijuana; or

(ii) Is designed in any manner that would be especially appealing to children or other persons under twenty-one years of age.

(3) No licensed marijuana producer, processor, or retailer shall place or maintain, or cause to be placed or maintained, an advertisement of marijuana, usable marijuana, or a marijuana-infused product in any form or through any medium whatsoever:

(a) Within one thousand feet of the perimeter of a school grounds, playground, recreation center or facility, child care center, public park, library, or a game arcade admission to which it is not restricted to persons aged twenty-one years or older;

(b) On or in a public transit vehicle or public transit shelter; or

(c) On or in a publicly owned or operated property.

(4) Giveaways, coupons, and distribution of branded merchandise are banned.

(5) All advertising must contain the following warnings:

(a) “This product has intoxicating effects and may be habit forming.”;

(b) “Marijuana can impair concentration, coordination, and judgment. Do not operate a vehicle or machinery under the influence of this drug.”;

(c) “There may be health risks associated with consumption of this product.”; and

(d) “For use only by adults twenty-one and older. Keep out of the reach of children.”

[Statutory Authority: RCW 69.50.325, 69.50.331, 69.50.342, 69.50.345. WSR 13-21-104, § 314-55-155, filed 10/21/13, effective 11/21/13.]

~

Arizona

There are currently no advertising regulations for medical marijuana dispensaries in Arizona. For more information, please refer to the Rules & Statutes for the Arizona Medical Marijuana Program.

~

California

Refer to Proposition 64, Chapter 15. Advertising and Marketing Restrictions. [26150 – 26156]  ( Chapter 15 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

 
26150.

For purposes of this chapter:

(a) “Advertise” means the publication or dissemination of an advertisement.

(b) “Advertisement” includes any written or verbal statement, illustration, or depiction which is calculated to induce sales of cannabis or cannabis products, including any written, printed, graphic, or other material, billboard, sign, or other outdoor display, public transit card, other periodical literature, publication, or in a radio or television broadcast, or in any other media; except that such term shall not include:

(1) Any label affixed to any cannabis or cannabis products, or any individual covering, carton, or other wrapper of that container that constitutes a part of the labeling under provisions of this division.

(2) Any editorial or other reading material, such as a news release, in any periodical or publication or newspaper for the publication of which no money or valuable consideration is paid or promised, directly or indirectly, by any licensee, and which is not written by or at the direction of the licensee.

(c) “Advertising sign” is any sign, poster, display, billboard, or any other stationary or permanently affixed advertisement promoting the sale of cannabis or cannabis products which are not cultivated, manufactured, distributed, or sold on the same lot.

(d) “Health-related statement” means any statement related to health, and includes statements of a curative or therapeutic nature that, expressly or by implication, suggest a relationship between the consumption of cannabis or cannabis products and health benefits, or effects on health.

(e) “Market” or “Marketing” means any act or process of promoting or selling cannabis or cannabis products, including, but not limited to, sponsorship of sporting events, point-of-sale advertising, and development of products specifically designed to appeal to certain demographics. (Amended by Stats. 2017, Ch. 27, Sec. 84. (SB 94) Effective June 27, 2017. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)

 

26151.

(a) (1) All advertisements and marketing shall accurately and legibly identify the licensee responsible for its content, by adding, at a minimum, the licensee’s license number.

(2) A technology platform shall not display an advertisement by a licensee on an Internet Web page unless the advertisement displays the license number of the licensee.

(3) An outdoor advertising company subject to the Outdoor Advertising Act (Chapter 2 (commencing with Section 5200) of Division 3) shall not display an advertisement by a licensee unless the advertisement displays the license number of the licensee.

(b) Any advertising or marketing placed in broadcast, cable, radio, print, and digital communications shall only be displayed where at least 71.6 percent of the audience is reasonably expected to be 21 years of age or older, as determined by reliable, up-to-date audience composition data.

(c) Any advertising or marketing involving direct, individualized communication or dialogue controlled by the licensee shall utilize a method of age affirmation to verify that the recipient is 21 years of age or older before engaging in that communication or dialogue controlled by the licensee. For purposes of this section, that method of age affirmation may include user confirmation, birth date disclosure, or other similar registration method.

(d) All advertising shall be truthful and appropriately substantiated. (Amended by Stats. 2017, Ch. 27, Sec. 85. (SB 94) Effective June 27, 2017. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)

 

26152.

A licensee shall not do any of the following:

(a) Advertise or market in a manner that is false or untrue in any material particular, or that, irrespective of falsity, directly, or by ambiguity, omission, or inference, or by the addition of irrelevant, scientific, or technical matter, tends to create a misleading impression.

(b) Publish or disseminate advertising or marketing containing any statement concerning a brand or product that is inconsistent with any statement on the labeling thereof.

(c) Publish or disseminate advertising or marketing containing any statement, design, device, or representation which tends to create the impression that the cannabis originated in a particular place or region, unless the label of the advertised product bears an appellation of origin, and such appellation of origin appears in the advertisement.

(d) Advertise or market on a billboard or similar advertising device located on an Interstate Highway or on a State Highway which crosses the California border.

(e) Advertise or market cannabis or cannabis products in a manner intended to encourage persons under 21 years of age to consume cannabis or cannabis products.

(f) Publish or disseminate advertising or marketing that is attractive to children.

(g) Advertise or market cannabis or cannabis products on an advertising sign within 1,000 feet of a day care center, school providing instruction in kindergarten or any grades 1 to 12, inclusive, playground, or youth center.

(h) Publish or disseminate advertising or marketing while the licensee’s license is suspended. (Amended by Stats. 2018, Ch. 923, Sec. 1. (AB 2899) Effective January 1, 2019. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)

 

26153.

A licensee shall not give away any amount of cannabis or cannabis products, or any cannabis accessories, as part of a business promotion or other commercial activity. For purposes of this section, the donation of cannabis or cannabis products by a licensee to a patient or the primary caregiver of a patient, pursuant to Section 26071, shall not be considered a business promotion or other commercial activity. (Amended by Stats. 2019, Ch. 837, Sec. 5. (SB 34) Effective January 1, 2020. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)

 

26154.

A licensee shall not include on the label of any cannabis or cannabis product or publish or disseminate advertising or marketing containing any health-related statement that is untrue in any particular manner or tends to create a misleading impression as to the effects on health of cannabis consumption. (Amended by Stats. 2017, Ch. 27, Sec. 88. (SB 94) Effective June 27, 2017. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)

 

26155.

(a) The provisions of subdivision (g) of Section 26152 shall not apply to the placement of advertising signs inside a licensed premises and which are not visible by normal unaided vision from a public place, provided that such advertising signs do not advertise cannabis or cannabis products in a manner intended to encourage persons under 21 years of age to consume cannabis or cannabis products.

(b) This chapter does not apply to any noncommercial speech (Amended by Stats. 2017, Ch. 27, Sec. 89. (SB 94) Effective June 27, 2017. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)

26156.

The requirements of Section 5272 apply to this division. (Added by Stats. 2017, Ch. 27, Sec. 90. (SB 94) Effective June 27, 2017.)

~

Connecticut

Refer to the State of Connecticut Regulation of the Department of Consumer Protection Concerning the Palliative Use of Medical Marijuana:

Sec. 21a-408-66. Marketing: prohibited conduct, statements and illustrations; commissioner review of advertisements

(a) There shall be no direct or indirect cooperative advertising between or among two or more of the following: a producer, dispensary facility personnel, or physician where such advertising has the purpose or effect of steering or influencing patient or caregiver choice with regard to their selection of a physician, dispensary or marijuana product.

(b) An advertisement for marijuana or any marijuana product shall not contain:

(1) Any statement that is false or misleading in any material particular or is otherwise in violation of the Connecticut Unfair Trade Practices Act, section 42-110b et seq., of the Connecticut General Statutes;

(2) any statement that falsely disparages a competitor’s products;

(3) any statement, design, or representation, picture or illustration that is obscene or indecent;

(4) any statement, design, representation, picture or illustration that encourages or represents the use of marijuana for a condition other than a debilitating medical condition;

(5) any statement, design, representation, picture or illustration that encourages or represents the recreational use of marijuana;

(6) any statement, design, representation, picture or illustration related to the safety or efficacy of marijuana unless supported by substantial evidence or substantial clinical data;

(7) any statement, design, representation, picture or illustration portraying anyone under the age of 18, objects suggestive of the presence of anyone under the age of 18, or contains the use of a figure, symbol or language that is customarily associated with anyone under the age of 18;

(8) any offer of a prize or award to a qualifying patient, primary caregiver or physician related to he purchase of marijuana or a certification for the use of marijuana; or

(9) any statement that indicates or implies that the product or entity in the advertisement has been approved or endorsed by the commissioner, department, the State of Connecticut or any person or entity associated with the State of Connecticut.

(c) Any advertisement for marijuana or a marijuana product shall be submitted to the commissioner at the same time as, or prior to, the dissemination of the advertisement.

(d) The submitter of the advertisement shall provide the following information in addition to the advertisement itself:

(1) A cover letter that:

(A) Provides the following subject line: Medical marijuana advertisement review Package for a proposed advertisement for [Brand Name];

(B) Provides a brief description of the format and expected distribution of the proposed advertisement; and

(C) Provides the submitter’s name, title, address, telephone number, fax number, and email address;

(2) An annotated summary of the proposed advertisement showing every claim being made in the advertisement and which references support each claim;

(3) Verification that a person identified in an advertisement as an actual patient or health care practitioner is an actual patient or health care practitioner and not a model or actor;

(4) Verification that a spokesperson who is represented as a real patient is indeed an actual patient;

(5) Verification that an official translation of a foreign language advertisement is accurate;

(6) Annotated references to support disease or epidemiology information, cross-referenced to the advertisement summary; and

(7) A final copy of the advertisement, including a video where applicable, in an acceptable format.

(e) Advertising packages that are missing any of the elements in subsection (g) of this section, or that fail to follow the specific details for submissions, shall be considered incomplete. If the department receives an incomplete package, it shall so notify the submitter.

(f) The commissioner may:

(1) Require a specific disclosure be made in the advertisement in a clear and conspicuous manner if the commissioner determines that the advertisement would be false or misleading without such a disclosure; or

(2) Make recommendations with respect to changes that are:

(A) Necessary to protect the public health, safety and welfare; or

(B) Consistent with dispensing information for the product under review.

(3) If appropriate and if information exists, recommend statements for inclusion in the advertisement to address the specific efficacy of the drug as it relates to specific disease states, disease symptoms and population groups.

 

Sec. 21a-408-67. Marijuana advertising; requirements for true statements and fair balance

(a) All advertisements for marijuana or marijuana products that make a statement relating to side effects, contraindications and effectiveness shall present a true statement of such information. When applicable, advertisements broadcast through media such as radio, television, or other electronic media shall include such information in the audio or audio and visual parts of the presentation.

 

(b) False or misleading information in any part of the advertisement will not be corrected by the inclusion of a true statement in another distinct part of the advertisement.

(c) An advertisement does not satisfy the requirement that it present a “true statement” of information relating to side effects, consequences, contraindications, and effectiveness if it fails to present a fair balance between information relating to side effects, consequences, contraindications and effectiveness in that the information relating to effectiveness is presented in greater scope, depth, or detail than is the information relating to side effects, consequences and contraindications, taking into account all implementing factors such as typography, layout, contrast, headlines, paragraphing, white space, and any other techniques apt to achieve emphasis.

(d) An advertisement is false, lacking in fair balance, or otherwise misleading if it:

(1) Contains a representation or suggestion that a marijuana strain, brand or product is better, more effective, useful in a broader range of conditions or patients or safer than other drugs or treatments including other marijuana strains or products, unless such a claim has been demonstrated by substantial evidence or substantial clinical experience;

(2) Contains favorable information or opinions about a marijuana product previously regarded as valid but which have been rendered invalid by contrary and more credible recent information;

(3) Uses a quote or paraphrase out of context or without citing conflicting information from the same source, to convey a false or misleading idea;

(4) Uses a study on individuals without a debilitating medical condition without disclosing that the subjects were not suffering from a debilitating medical condition;

(5) Uses data favorable to a marijuana product derived from patients treated with a different product or dosages different from those approved in Connecticut;

(6) Contains favorable information or conclusions from a study that is inadequate in design, scope, or conduct to furnish significant support for such information or conclusions; or

(7) Fails to provide adequate emphasis for the fact that two or more facing pages are part of the same advertisement when only one page contains information relating to side effects, consequences and contraindications.

(e) No advertisement may be disseminated if the submitter of the advertisement has received information that has not been widely publicized in medical literature that the use of the marijuana product or strain may cause fatalities or serious damage.

Sec. 21a-408-68. Marijuana marketing; advertising at a dispensary facility; advertising prices

(a) A dispensary facility shall:

(1) Restrict external signage to a single sign no larger than 16 X 18 inches;

(2) Not illuminate a dispensary facility sign advertising a marijuana product at any time;

(3) Not advertise marijuana brand names or utilize graphics related to marijuana or paraphernalia on the exterior of the dispensary facility or the building in which the dispensary facility is located; and

(4) Not display marijuana and paraphernalia so as to be clearly visible from the exterior of a dispensary facility.

(b) A producer shall not advertise the price of its marijuana except that it may make a price list available to a dispensary facility.

 As of May 9, 2019, the retail sale of hemp-derived CBD is legal under state law. PA 19-3, which requires the state Department of Agriculture (DoAg) commissioner to establish and operate a hemp research pilot program in Connecticut, specifies that (1) hemp-derived CBD with a low THC level is not a controlled substance or adulterant and (2) products containing CBD that are intended for ingestion are regulated as food, not controlled substances or adulterated products.

PA 19-3 does not create a regulatory structure for the retail sale of hemp-derived CBD. Instead, it establishes licensing requirements, qualifications, and fees for hemp growers, processors, and manufacturers. It requires DoAg to license and regulate growers and processors and DCP to license
and regulate manufacturers. (A manufacturer converts hemp into a product intended for human consumption (i.e., a “consumable”).) The new law also establishes inspection and testing requirements for growers and processors, as well as independent testing requirements for manufacturers, to ensure that hemp plants and products comply with state and federal
requirements. If a person is not processing hemp but is only adding CBD to a consumable, he or she must only comply with the appropriate food manufacturing laws.

Under Connecticut law, it is illegal for a person to market consumable hemp products, including CBD, by claiming they have health impacts, medical effects, or physical or mental benefits.

 

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Georgia

Georgia does not allow dispensaries, nor advertising for their medical cannabis law. For more information, please refer to Georgia’s Low-THC Oil Registry Guide.

~

Hawaii

Please refer to the State of Hawaii Department of Health Medical Marijuana Registry Program.

A dispensary shall not:

(1) Display marijuana or manufactured marijuana products in windows in public view; or

(2) Post any signage other than a single sign no greater than one thousand six hundred square inches bearing only the business or trade name in test without any pictures or illustrations; provided that if any applicable law or ordinance restricting outdoor signage is more restrictive, that law or ordinance shall govern.

~

Indiana

In Indiana, one may sell a “low THC hemp extract” (e.g., CBD) only if its THC content is 0.3% or less on a dry weight basis and the distributor complies with various testing and labeling requirements.

According to the Department of Health’s Food Protection Program, state law does not permit the retail sale of goods to which CBD has been added (e.g., food). (Currently, it appears that hemp is not cultivated in Indiana for commercial purposes.)
Indiana law requires that before being distributed, CBD be tested by an independent laboratory to determine its THC and CBD content.

Additionally, before hemp extracts may be sold at retail, the packaging must be labeled with a scannable bar or QR code that gives consumers access to specified information, including the manufacturer, batch number, expiration date, and ingredients (Ind. Code §§ 24-4-21-4; 24-4-22-1 et seq. and 35-48-1-17.5).

~

Kentucky

In Kentucky, the retail sale of “publicly marketable hemp products,” including CBD and products containing it, is legal if the products contain no more than 0.3% THC on a dry weight basis. To process (convert hemp into marketable form) or market (promote or sell) hemp or its viable seeds, leaves, or floral materials, a person must obtain a hemp processor license from the state’s Department of Agriculture.

Selling CBD and products containing it does not require a Department of Agriculture license, because CBD is considered a publicly marketable hemp product. According to the Department of Agriculture, publicly marketable hemp products must comply with the applicable state laws concerning manufacture and labeling (for many CBD products, these would be the state’s food or cosmetic laws) (KY. Rev. Stat. Ann. §§ 218A.010(28)(e) and 260.850 et seq.; 302 Ky. Admin. Regs. 50:020 et seq.)

~

Maine

Rules adopted by the department must prohibit the use of misleading, deceptive, or false advertising, marketing and signage and the use of mass-marketing advertisements or marketing campaigns that have a likelihood of reaching persons under 21 years of age or that are designed to appeal to persons under 21 years of age, and may include, but are not limited to:

A. A prohibition on health or physical benefit claims in advertising, marketing and packaging;

B. A prohibition on unsolicited advertising or marketing on the internet, including but not limited to banner advertisements on mass-market websites;

C. A prohibition on opt-in advertising or marketing that does not permit an easy and permanent opt-out feature;

D. A prohibition on advertising or marketing directed toward location-based devices including but not limited to cellular phones, unless the marketing is a mobile device application installed on the device by the owner of the device who is 21 years of age or older and includes an easy and permanent opt-out feature;

E. A prohibition on signage that is inconsistent with local ordinances, laws and regulations

For more information, please refer to the Rules Governing the Maine Medical Use of Marijana Program.

~

Michigan

There are currently no restrictions on advertising (although there are restrictions on medical marijuana dispensaries) in Michigan. For more information, please refer to the Michigan Medical Marijuana Program.

~

Minnesota

There are currently no restrictions on advertising for medical marijuana manufacturers and distribution centers. For more information, please refer to Minnesota Statutes 2012, Subdivision 22, Medical use of cannabis data.

~

Nevada

Refer to Advertising Guidelines for Medical Marijuana Establishments (MMEs):

1.0 POLICY Approval is required of the Administrator of the Division of Public and Behavioral Health of any medical marijuana establishment (MME) name, logo, sign or advertisement before it is used by the MME. MMEs must have discreet and professional signage that is consistent with the traditional style of signage for pharmacies and medical offices. NRS 453A.350

  • MMEs must have discreet and professional signage that is consistent with the traditional style of signage for pharmacies and medical offices.
  • MME owners with provisional certifications must submit electronic files of proposed names, logos, signs or advertisements to be considered as part of their pre-opening inspection findings, and/or whenever new designs are created. Files should be submitted to the Education and Information Officer at medicalmarijuana@health.nv.gov.

4.0 PROCEDURE MME owners with provisional certifications must submit electronic files of proposed names, logos, signs or advertisements to be considered as part of their pre-opening inspection findings, and/or whenever new designs are created. Files should be submitted to the Education and Information Officer at medicalmarijuana@health.nv.gov. The submitted artwork will be reviewed by the Advertising Guidelines Workgroup to evaluate compliance with the advertising guidelines. The Advertising Guidelines Workgroup will submit a form to the Administrator indicating their recommendation to approve or deny the proposed artwork. If the proposed artwork is not recommended, the reason for the recommended denial of any portion of the submission will be indicated on the form. The Administrator has final say on approvals and denials for the names, logos, signs or advertisements. The form will provide the opportunity for the Administrator’s feedback and decision. Appeals of the Administrator’s final decision are not permitted. The following guidelines will be used to evaluate MME names, logos, signs, and advertisements:

4.1 Overall design of any submission should be tasteful, respectful, and medically-focused. The look must be “medical” or “pharmaceutical,” and should contain no reference to or perception of being high, fun or recreational in nature. Names, logos, signs or advertisements most likely to be approved will not appeal to minors, contain cartoon*-like figures or illustrations or contain attempts at humor.

4.2 Preferred typography selections include using clean fonts (sans serif), and avoiding script, decorative or gimmicky fonts. It is preferred that a maximum of two fonts and three colors are used in the designs.

4.3 Acceptable words or references include, but are not limited to: green; wellness; compassion; health; patient; therapy; care; garden; nature; marijuana; and cannabis.

4.4 Designers shall avoid making unfounded claims or promises or using the word “cure.”

4.5 Designers shall avoid using marijuana slang such as bud, pot, weed, grass, joint, doobie, 420.

4.6 All logos submitted for approval must also be used on business cards, letterhead, and any other types of stationery used by the MME, as well as any advertisements purchased by the MME. Different logos, other than those approved by the Administrator, will not be permitted.

RETAIL ADVERTISING EMERGENCY RULES:

Refer to Nevada Department of Taxation Emergency Regulations.

  1. A marijuana establishment:
    1. a. Shall not engage in advertising which contains any statement or illustration:
      1. Is false or misleading;
      2. Promotes overconsumption of marijuana or marijuana products;
      3. Depicts actual consumption of marijuana or marijuana products;
      4. Depicts a child or other person who is less than 21 years of age consuming marijuana or marijuana products or objects suggesting the presence of a child, including, without limitation, toys, characters or cartoons, or contains any other depiction which is designed in any way to be appealing to or encourage consumption of marijuana or marijuana products by a person who is less than 21 years of age.
    2. b. Shall not advertise in any publication or on radio, television, or any other medium if 30 percent or more of the audience of that medium is reasonably expected to be persons who are less than 21 years of age.
    3. c. Shall not place an advertisement:
      1. Within 1,000 feet of a public or private school, playground, public park or library, but may maintain such an advertisement if it was initially placed before the school, playground, public park or library was located within 1,000 feet of the location of the advertisement;
      2. On or inside of a motor vehicle used for public transportation or any shelter for public transportation; or
      3. At a sports or entertainment event to which persons who are less than 21 years of age are allowed entry.
  1. Shall not advertise or offer any marijuana or marijuana product as “free” or “donated” without a purchase.
  2. Shall ensure that all advertising by the marijuana establishment contains such warnings as may be prescribed by the Department , which must include, without limitation, the following words:
    1. “Keep out of reach of children”; and
    2. “For use only by adults 21 years of age and older.”
~

Canada

The Cannabis Act and Cannabis Regulations – Promotion prohibitions

PDF version (584 Kb)

Disclaimer

This document is provided for informational purposes. The reader is encouraged to consult the Cannabis Act and the applicable regulations. In the event of any discrepancy between the legislation and this document, the legislation shall prevail. The reader is also encouraged to consult any other legislation that may apply to them or their activities, such as any applicable federal, provincial or territorial legislation.

Health Canada reserves the right to modify this document as appropriate and without notice.

Prohibitions included in this document pertaining to Part 6.1 of the Cannabis Regulations came into effect on October 17, 2019. Other prohibitions referenced came into force on October 17, 2018.

Did you know?

As set out in the purpose section of the Cannabis Act, the legislation aims to protect public health and public safety, including protecting the health of young persons by restricting their access to cannabis, protecting young persons and others from inducements to use cannabis and enhancing public awareness of the health risks associated with cannabis use.

As outlined in this document, the Cannabis Act and the Cannabis Regulations specify a number of prohibitions related to the promotion of cannabis, cannabis accessories and services related to cannabis, as well as limited authorizations to engage in specific types of promotion.

This document focuses on the prohibitions and authorizations found in sections 16 to 24 of the Cannabis Act and Part 6.1 of the Cannabis Regulations. Persons intending to engage in activities relating to the promotion of cannabis, cannabis accessories or services related to cannabis are encouraged to review the Cannabis Act and its regulations in their entirety, as other provisions could apply to their activities depending on the circumstances.

What does “promote” mean?

The Cannabis Act defines “promote” as: in respect of a thing or service, means to make, for the purpose of selling the thing or service, a representation – other than a representation on a package or label – about the thing or service by any means, whether directly or indirectly, that is likely to influence and shape attitudes, beliefs and behaviours about the thing or service.

To whom do the promotions prohibitions apply?

The prohibitions in sections 17 to 23 of the Cannabis Act and Part 6.1 of the Cannabis Regulations can potentially apply to any person (individual or organization) engaging in relevant activities, such as the promotion of cannabis, cannabis accessories and services related to cannabis, including:

  • persons who produce, sell or distribute cannabis;
  • persons who sell or distribute cannabis accessories;
  • persons who provide cannabis-related services; or
  • media organizations.

The prohibition in section 24 of the Cannabis Act can potentially apply to any person (individual or organization) that sells cannabis or a cannabis accessory and engages in relevant activities.

What promotions are prohibited?

Sections 17 to 24 of the Cannabis Act contain a number of provisions relating to the prohibition on the promotion of cannabis, cannabis accessories and services related to cannabis.

1. General prohibitions on the promotion of cannabis

The Cannabis Act provides that, unless authorized under the Cannabis Act, it is prohibited to promote cannabis or a cannabis accessory or any service related to cannabis, including:

  • by communicating information about its price or distribution;
  • by doing so in a manner that there are reasonable grounds to believe could be appealing to young persons;
  • by means of a testimonial or endorsement, however displayed or communicated;
  • by means of the depiction of a person, character or animal, whether real or fictional; or
  • by presenting it or any of its brand elements in a manner that associates it or the brand element with, or evokes a positive or negative emotion about or image of, a way of life such as one that includes glamour, recreation, excitement, vitality, risk or daring. [Subsection 17(1)]

2. False promotion

Cannabis cannot be promoted in a manner that is false, misleading or deceptive or that is likely to create an erroneous impression about its characteristics, value, quantity, composition, strength, concentration, potency, purity, quality, merit, safety, health effects or health risks. A cannabis accessory cannot be promoted in a manner that is false, misleading or deceptive or that is likely to create an erroneous impression about its design, construction, performance, intended use, characteristics, value, composition, merit, safety, health effects or health risks. [Subsections 18(1) and (2)]

3. Use of certain terms, etc.

It is prohibited to use any term, expression, logo, symbol or illustration specified in regulations made under paragraph 139(1)(z.1) in the promotion of cannabis, a cannabis accessory or a service related to cannabis. [Section 19]

4. Publication, etc. of prohibited promotion

It is prohibited to publish, broadcast or otherwise disseminate, on behalf of another person, with or without consideration, any promotion that is prohibited by any of sections 17 to 22. This prohibition does not apply in the circumstances described in subsection 23(2). [Section 23]

5. Promotion using foreign media

It is prohibited to promote, in any way that is prohibited by Part 1 of the Cannabis Act, cannabis, a cannabis accessory, a service related to cannabis or a brand element of any of those things in a publication that is published outside Canada, a broadcast that originates outside Canada or any other communication that originates outside Canada. [Section 20]

6. Sponsorship

It is prohibited to display, refer to or otherwise use any of the following, directly or indirectly in a promotion that is used in the sponsorship of a person, entity, event, activity or facility [Section 21]:

  • a brand element of cannabis, of a cannabis accessory or of a service related to cannabis; and
  • the name of a person that:
    • produces, sells or distributes cannabis,
    • sells or distributes a cannabis accessory, or
    • provides a service related to cannabis.

7. Name of facility

It is prohibited to display on a facility, as part of the name of the facility or otherwise, if the facility is used for a sports or cultural event or activity [Section 22]:

  • a brand element of cannabis, a cannabis accessory or a service related to cannabis; or
  • the name of a person that
    • produces, sells or distributes cannabis,
    • sells or distributes a cannabis accessory, or
    • provides a service related to cannabis.

8. Inducements

Unless authorized under the Cannabis Act, it is prohibited for a person that sells cannabis or a cannabis accessory [Subsection 24(1)]:

  • to provide or offer to provide cannabis or a cannabis accessory if it is provided or offered to be provided without monetary consideration or in consideration of the purchase of any thing or service or the provision of any service;
  • to provide or offer to provide any thing that is not cannabis or a cannabis accessory, including a right to participate in a game, draw, lottery or contest, if it is provided or offered to be provided as an inducement for the purchase of cannabis or a cannabis accessory; or
  • to provide or offer to provide any service if it is provided or offered to be provided as an inducement for the purchase of cannabis or a cannabis accessory.

Other relevant prohibitions are found in the Cannabis Act and its regulations.

What promotion can be permitted?

The Cannabis Act contains exceptions that provide limited authorizations for the promotion of cannabis and cannabis accessories and services related to cannabis by certain persons in specific circumstances, subject to the applicable prohibitions listed above and any other applicable prohibitions, including those set out in Part 6.1 of the Cannabis Regulations.

1. Informational promotion or brand-preference promotion

Subsection 17(2) of Cannabis Act provides that, subject to the regulations, a person that is authorized to produce, sell or distribute cannabis may promote cannabis by means of informational promotion or brand-preference promotion if the promotion is:

  • in a communication that is addressed and sent to an individual who is 18 years of age or older and is identified by name;
  • in a place where young persons are not permitted by law;
  • communicated by means of a telecommunication, where the person responsible for the content of the promotion has taken reasonable steps to ensure that the promotion cannot be accessed by a young person;
  • in a prescribed place; or
  • done in a prescribed manner.

Subsection 17(3) of Cannabis Act provides that, subject to the regulations, a person may promote a cannabis accessory or a service related to cannabis by means of informational promotion or brand-preference promotion if the promotion is:

  • in a communication that is addressed and sent to an individual who is 18 years of age or older and is identified by name;
  • in a place where young persons are not permitted by law;
  • communicated by means of a telecommunication, where the person responsible for the content of the promotion has taken reasonable steps to ensure that the promotion cannot be accessed by a young person;
  • in a prescribed place; or
  • done in a prescribed manner.

The Cannabis Regulations contain the following prohibition applicable with respect to paragraphs 17(2)(b) and (3)(b):

  • Place where young persons are not permitted
    • It is prohibited to promote cannabis, a cannabis accessory or a service related to cannabis under paragraphs 17(2)(b) and (3)(b) of the Cannabis Act in such a manner that the promotion may be audible or visible from outside a place where young persons are not permitted by law. (section 104.17 of the Cannabis Regulations)

2. Point of sale

Subsection 17(4) of Cannabis Act provides that, subject to the regulations, a person that is authorized to sell cannabis may promote it at the point of sale if the promotion indicates only its availability, its price or its availability and price.

Subsection 17(5) of Cannabis Act provides that, subject to the regulations, a person that sells a cannabis accessory or provides a service related to cannabis may promote it at the point of sale if the promotion indicates only its availability, its price or its availability and price.

3. Brand element on other things

Subsection 17(6) of Cannabis Act provides that, subject to the regulations, a person may promote cannabis, a cannabis accessory or a service related to cannabis by displaying a brand element of cannabis, of a cannabis accessory or of a service related to cannabis on a thing that is not cannabis or a cannabis accessory, other than:

  • a thing that is associated with young persons;
  • a thing that there are reasonable grounds to believe could be appealing to young persons; or
  • a thing that is associated with a way of life such as one that includes glamour, recreation, excitement, vitality, risk or daring.

Part 6.1 of the Cannabis Regulations contains the following prohibitions applicable with respect to subsection 17(6) of the Cannabis Act:

  • Number of brand elements

    • It is prohibited to promote cannabis, a cannabis accessory or a service related to cannabis under Subsection 17(6) of the Cannabis Act in a manner that results:
      • In the same brand element being displayed more than once on a thing referred to in that subsection; or
      • In more than one brand element being displayed on the thing. (section 104.18 of the Cannabis Regulations)
  • Public place frequented mainly by young persons

    • It is prohibited to promote cannabis, a cannabis accessory or a service related to cannabis under subsection 17(6) of the Cannabis Act by displaying a brand element of cannabis, of a cannabis accessory or of a service related to cannabis on any thing that is in a school, a public playground, a daycare facility or any other public place frequented mainly by young persons or that is visible from such a place. (section 104.19 of the Cannabis Regulations)
  • Dimensions of brand element

    • A brand element referred to in subsection 17(6) of the Cannabis Act must meet the following requirements:
      • the surface area must be smaller than or equal to 300 cm2; and
      • the height of any letter, character or number must be smaller than or equal to 4 cm. (section 104.2 of the Cannabis Regulations)

Part 6.1 of the Cannabis Regulations contains the following prohibitions that are applicable with respect to subsections 17(2) to (6) of the Cannabis Act:

  1. Flavours

    It is prohibited to promote a cannabis extract – or a cannabis accessory that contains a cannabis extract – under subsections 17(2) to (6) of the Cannabis Act in a manner that could cause a person to believe that the cannabis extract or the cannabis accessory has a flavour set out in column 1 of Schedule 3 of the Tobacco and Vaping Products Act, other than the flavour of cannabis. (section 104.11 of the Cannabis Regulations)

  2. Health and cosmetic benefits

    It is prohibited to promote cannabis, a cannabis accessory or a service related to cannabis under subsections 17(2) to (6) of the Cannabis Act if there are reasonable grounds to believe that the promotion could create the impression that health or cosmetic benefits may be derived from the service or the use of the cannabis or the cannabis accessory. (subsection 104.12(1) of the Cannabis Regulations)

    Subsection (1) does not apply with respect to a medical device in respect of which a licence has been issued under subsection 36(1) of the Medical Devices Regulations.

  3. Energy value and amount of nutrient

    Subsection 104.13(1) of the Cannabis Regulations provides that is prohibited to promote edible cannabis – or a cannabis accessory that contains edible cannabis – under subsections 17(2) to (6) of the Cannabis Act by communicating information about the energy value referred to in item 2 of the table to section 132.22, or the amount of any nutrient referred to in items 3 to 15 of that table or in items 5 to 37 of the table to section B.01.402 of the Food and Drug Regulations.

    However, subsection 104.13(2) of the Cannabis Regulations provides that, despite subsection 104.13(1), edible cannabis or a cannabis accessory that contains edible cannabis may be promoted by reproducing the nutrition facts table that is required to be included on the label of any container in which edible cannabis is packaged in accordance with these Regulations using smaller, larger or identical dimensions and spacing.

  4. Dietary requirements

    It is prohibited to promote edible cannabis – or a cannabis accessory that contains edible cannabis – under subsections 17(2) to (6) of the Cannabis Act if there are reasonable grounds to believe that the promotion could create the impression that the edible cannabis or accessory is intended

    • to meet the particular dietary requirements of an individual
      • who has a physical or physiological condition as a result of a disease, disorder or injury, or
      • for whom a particular effect, including weight loss, is to be obtained by a controlled intake of food; or
    • to meet the dietary requirements of young persons. (section 104.14 of the Cannabis Regulations)

  5. Alcoholic beverages

    It is prohibited to promote cannabis, a cannabis accessory or a service related to cannabis under subsections 17(2) to (6) of the Cannabis Act if there are reasonable grounds to believe that the promotion could associate the cannabis, the cannabis accessory or the service with an alcoholic beverage. (section 104.15 of the Cannabis Regulations)

  6. Tobacco products and vaping products

    It is prohibited to promote cannabis, a cannabis accessory or any service related to cannabis under subsections 17(2) to (6) of the Cannabis Act if there are reasonable grounds to believe that the promotion could associate the cannabis, the cannabis accessory or the service with a tobacco product, as defined in section 2 of the Tobacco and Vaping Products Act, or a vaping product to which that Act applies. (section 104.16 of the Cannabis Regulations)

When are the promotion prohibitions not applicable?

Section 16 of the Cannabis Act provides that, subject to the regulations, the provisions of sections 17 to 24 do not apply:

  • To a literary, dramatic, musical, cinematographic, scientific, educational or artistic work, production or performance that uses or depicts cannabis, a cannabis accessory or a service related to cannabis, or a brand element of any of those things, whatever the mode or form of its expression, if no consideration is given, directly or indirectly, for that use or depiction in the work, production or performance;
  • To a report, commentary or opinion in respect of cannabis, a cannabis accessory or a service related to cannabis or a brand element of any of those things, if no consideration is given, directly or indirectly, for the reference to the cannabis, cannabis accessory, service or brand element in that report, commentary or opinion; or
  • To specific categories of intra-industry promotion, provided that the promotion is not directed, either directly or indirectly, at consumers.

Furthermore, section 104.1 of the Cannabis Regulations provides that sections 104.11 to 104.16 of the Cannabis Regulations do not apply to a prescription drug or combination product.

Do any other acts and regulations apply to the promotion of cannabis?

In addition to the Cannabis Act and its regulations, other legislation – for example other federal and provincial legislation – contain provisions related to the promotion of cannabis, cannabis accessories or services related to cannabis. One example is the Food and Drugs Act and its regulations, which could apply to cannabis in certain circumstances (see the Cannabis Exemption (Food and Drugs Act) Regulations).

In addition to the Cannabis Act and its regulations, the reader should consult any other legislation that may apply to their activities.

How can you assess if your promotional activities comply with the Cannabis Act?

Persons intending to engage in promotional activities related to cannabis are encouraged to carefully consider the prohibitions in sections 17 to 24 of the Cannabis Act and Part 6.1 of the Cannabis Regulations, as well as all other applicable provisions of the Cannabis Act and its regulations, and other federal and provincial or territorial legislation to assess whether the activities are permitted.

Health Canada will assess compliance with the provisions of the Cannabis Act and its regulations relating to promotion on a case-by-case basis. The particular facts of each circumstance will be examined and considered. The purpose, content and context of a communication or message and the intended audience are examples of factors that may be taken into consideration when assessing whether a promotional activity is prohibited.

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