Medical Marijuana Marketing and Promotional Product Rules and Regulations State by State

While Medical Marijuana is spreading in popularity for treatment of Cancer Related Illnesses, Post Traumatic Stress Disorder (PTSD), Anxiety, Sleep Disorders and even Parkinson's and MS, the rules and regulations on the marketing and selling of promotional products is complex.

Due to this, we have decided to place this State by State rules on marketing and promotional product distribution to help our clients understand the issues involved. Please note that we at Adco Marketing take no responsibility for local or State Laws regarding this issue and this is purely the responsibility of the client. Whether you need our custom grinder, a tin to sell or hold your product in, or a cannabis industry tshirt to help showcase your brand, following these rules will help your process go more smoothly.

We hope this helps!!

RETURN TO OUR MEDICAL CANNIBIS PROMOTIONAL PRODUCTS - CLICK HERE!

Alaska

3 AAC 306.360. Restriction on advertising of marijuana and marijuana products.

(a) A retail marijuana store may have not more than three signs, visible to the general public from the public right-of way, that identify the retail marijuana store by its business name. A sign may be placed in the retail marijuana store’s window or attached to the outside of the licensed premises. The size of each sign may not exceed 4,800 square inches.

(b) An advertisement 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 an object or character, including a toy, a cartoon character, or any other depiction designed to appeal to a person under 21 years of age, that promotes consumption of marijuana.

(c) A retail marijuana store may not place an advertisement for marijuana or a marijuana product, except as provided in (a) of this section,

(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;

(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.

(d) A retail marijuana store may not use giveaway coupons as promotional materials, or conduct promotional activities such as games or competitions to encourage sale of marijuana or marijuana products.

(e) All advertising for marijuana or any marijuana product must contain each of the following warnings:

(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.”

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

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.

(a) All advertisements and marketing shall accurately and legibly identify the licensee responsible for its content.

(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 prior to engaging in such communication or dialogue controlled by the licensee. For purposes of this section, such 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. 26152. No licensee shall:

(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 marijuana 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 State Highway which crosses the border of any other state;

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

(f) Publish or disseminate advertising or marketing containing symbols, language, music, gestures, cartoon characters or other content elements known to appeal primarily to persons below the legal age of consumption; or

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

No licensee shall give away any amount of marijuana or marijuana products, or any marijuana accessories, as part of a business promotion or other commercial activity.
No licensee shall 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 marijuana consumption.
(a) The provisions of subsection (g) of section 26152 shall not apply to the placement of advertising signs inside licensed premises and which are not visible by normal unaided vision from a public place, provided that such advertising signs do not advertise marijuana or marijuana products in a manner intended to encourage persons under the age of 21years to consume marijuana or marijuana products.
(b) This chapter does not apply to any noncommercial speech

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.

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

(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.

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.

District of Columbia - Washington DC

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.

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.

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.

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.

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.

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.

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.

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 Marihuana 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.

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.”

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.

A marijuana establishment:
a. Shall not engage in advertising which contains any statement or illustration:
Is false or misleading;
Promotes overconsumption of marijuana or marijuana products;
Depicts actual consumption of marijuana or marijuana products;
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.
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.
c. Shall not place an advertisement:
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;
On or inside of a motor vehicle used for public transportation or any shelter for public transportation; or
At a sports or entertainment event to which persons who are less than 21 years of age are allowed entry.

Shall not advertise or offer any marijuana or marijuana product as “free” or “donated” without a purchase.
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:
“Keep out of reach of children”; and
“For use only by adults 21 years of age and older.”

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.

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.

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.

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

(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.

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

(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.

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.

Texas

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

Vermont

There are currently no advertising regulations for dispensaries in Vermont. For more information, please refer to the Vermont Marijuana Registry.

PLEASE NOTE THAT THESE LAWS CHANGE CONSTANTLY AND THIS MAY NOT REPRESENT THE LATEST IN CANNABIS AND MEDICAL MARIJUANA PROMOTIONAL PRODUCT AND MARKETING LAWS. We will try to update this section several times a year.

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