The boon of digital and non-digital advertising for cannabis products is imminent. Your state’s advertising regulations could range from limits on ads that appeal to children to banning cannabis advertising altogether. In California, cannabis physicians that wish to advertise for recommendations must provide a notice to consumers. Colorado and New York, for instance, have very complex cannabis advertising laws. In New York, provisions exist to protect your business from competitors. Doing your homework could make the difference between facing harsh fines that could threaten your business. Dozens of other states presently have no advertising rules defined.
Alaska
Advertising regulations for the recreational industry have yet to be determined.
Arizona
There are no current regulations for advertising medical cannabis.
California
Per the section 2525.5 of the Medical Marijuana Regulation and Safety Act:
(a) A person shall not distribute any form of advertising for physician recommendations for medical cannabis in California unless the advertisement bears the following:
NOTICE TO CONSUMERS: The Compassionate Use Act of 1996 ensures that seriously ill Californians have the right to obtain and use cannabis for medical purposes where medical use is deemed appropriate and has been recommended by a physician who has determined that the person’s health would benefit from the use of medical cannabis. Recommendations must come from an attending physician as defined in Section 11362.7 of the Health and Safety Code. Cannabis is a Schedule I drug according to the federal Controlled Substances Act. Activity related to cannabis use is subject to federal prosecution, regardless of the protections provided by state law.
(b) Advertising for attending physician recommendations for medical cannabis shall meet all of the requirements in Section 651. Price advertising shall not be fraudulent, deceitful, or misleading, including bait, discounts, premiums, gifts, or statements of a similar nature.
Colorado
Colorado’s advertising regulations are well defined per the Colorado Retail Marijuana Regulations:
R 1102 – No Deceptive, False or Misleading Statements
R 1107 –Advertising: Internet (30 percent of the audience must be reasonably expected to be under the age of 21.)
R 1108 – Advertising: Targeting Out-of-State Persons Prohibited.
R 1109 – Signage and Advertising: No Safety Claims Because Regulated by State Licensing Authority
R 1110– Signage and Advertising: No Safety Claims Because Tested by a Retail Marijuana Testing Facility
R 1112– Signage and Advertising: No Content That Targets Minors
R 1113 – No Marketing Directed Toward Location-Based Devices(cellphones)
R 1114 – Pop-Up Advertising(No unsolicited pop-up advertising)
R 1115 – Advertising: Event Sponsorship(30 percent of audience must be reasonably expected to be under 21.)
Connecticut
Sec. 21a-408-66. Marketing: prohibited conduct, statements and illustrations
a) There shall be no direct or indirect cooperative advertising between patients/personnel.
(b) An advertisement for marijuana or any marijuana product shall not contain..
(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;
Sec. 21a-408-67. Marijuana advertising; requirements for true statements and fair balance
Sec. 21a-408-68. Marijuana marketing; advertising at a dispensary facility; advertising prices
Delaware
Per the Delaware Medical Marijuana Act,
4919A Requirements, Effective until Nov. 29, 2016.
(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 centers/listings.
(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.
District of Columbia
Per 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;
5801.1 A registered cultivation center or dispensary cannot market to children.
5801.2 A dispensary or cultivation center must not have misleading labeling information.
5801.3 A registration card is required for the purchase of medical marijuana.
Florida
No advertising regulations yet.
Georgia
No advertising regulations yet.
Hawaii
Per 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…
Illinois
Per the Rules for the Administration of the Compassionate Use of Medical Cannabis Pilot Program
Section 1290.455
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 or digital advertising.
Maine
Maine has currently has no rules defined.
Maryland
Maryland currently has no rules defined.
Massachusetts
Per 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 marijuana symbols are prohibited from use in this logo.
(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…
(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…
(d) Any statement, design, representation, picture, or illustration portraying anyone under 18 years of age.
Michigan
There are currently no restrictions on advertising.
Montana
Per the Montana Code Annotated 2015 – Montana Marijuana Act, advertising is prohibited.
Nevada
Per the Chapter 453A – Medical Use of Marijuana
NAC?453A.402
A medical marijuana establishment shall not use:
1.?A name or logo unless the name or logo has been approved by the Administrator of the Division; or
2.?Any sign or advertisement unless the sign or advertisement has been approved by the Administrator of the Division.
New Hampshire
Per the 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.
New Jersey
Per the Final Rules for the NJ Medicinal Marijuana Program
(d) Alternative treatment centers shall not advertise the price of marijuana, except that:
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.
(f) Alternative treatment centers shall not produce any items for sale or promotional gifts bearing cannabis symbols.
New Mexico
No advertising regulations.
New York
Per the Official Compilation of Codes, Rules and Regulations of the State of New York for Medical Marijuana
1004.16 Medical marihuana marketing and advertising restrictions.
(d) All advertisements must be represented accurately.
(e) An advertisement does not present a “true and accurate statement,” fails to present accurate information.
(f) An advertisement is false, lacking in fair balance, or otherwise misleading if it:
Contains a representation that one brand or form is better, more effective/safer than other drugs.
Contains favorable opinions about a marihuana product previously regarded as valid but which have been rendered invalid.
Uses a quote or paraphrase out of context…
Uses a study on persons without a debilitating medical condition without disclosing that data.
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;
Contains favorable information or conclusions from a study that is inadequate in design, scope, or conduct…
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 the complete information.
(g) False or misleading information.
(h) An advertisement for any approved medical marihuana product shall not contain:
Any statement that is false or misleading;
Any statement that falsely disparages a competitor’s products;
Any statement, design, or representation, picture or illustration that is obscene or indecent;
Any statement, design, representation, picture or illustration that encourages or represents the use of marihuana for a condition other than a serious condition.
Any statement, design, representation, picture or illustration that encourages or represents the recreational use of marihuana;
Any statement, design, representation, picture or illustration related to the safety or efficacy of marihuana, unless supported by substantial evidence or substantial clinical data;
Any statement, design, representation, picture or illustration portraying or appealing to anyone under the age of 18.
Any offer of a prize, award or inducement to a certified patient/caregiver.
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.
(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:
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;
An annotated summary of the proposed advertisement showing all claims with support.
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;
Verification that a spokesperson who is represented as an actual patient is indeed an actual patient;
Verification that an official translation of a foreign language advertisement is accurate;
Annotated references to support disease or epidemiology information, cross-referenced to the advertisement summary; and
A final copy of the advertisement.
(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.
(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.
(n) The department may:
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
Require that changes be made to the advertisement that are:
Necessary to protect the public health, safety and welfare; or
Consistent with dispensing information for the product under review.
Oregon
Per Measure 91, the following is prohibited:
(a) Is attractive to minors
(b) Promotes excessive use
(c) Promotes illegal activity
(d)Presents a significant risk to public health and safety
Rhode Island
No advertising regulations.
Texas
No advertising regulations.
Vermont
No advertising regulations.
Washington
Per the Washington State Legislature section on cannabis advertising
WAC 314-55-155 Advertising
(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.
(ii) Is designed in any manner that would be especially appealing to children.
(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.”
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