Advertisement Review (US and Canada):

Cphere deploys an in-depth creative asset and inventory review process to ensure all advertisements distributed via our programmatic media solutions meet state/local advertising regulations and quality control standards.

We have a team of cannabis marketing experts who thoroughly review creative advertisements and available targeting strategies to ensure all cannabis-related advertisements adhere to all brand safety standards and are in compliance with state and local advertising regulations. Non-compliance with cannabis advertising laws can have serious financial or business impacts on publishers and demand partners. Cphere helps facilitate compliant issuance of programmatic advertising.

Cannabis & CBD Advertising Standards:

Due to the prohibition of cannabis in most countries around the world, Cphere will currently only accept and serve cannabis advertisements in the United States and Canada. This is subject to review as countries continue to advance their regulations and legal stance on cannabis advertising.

The following conditions apply to advertising and marketing for CBD, cannabis and vaping:

(1)  All advertisers and ad campaigns must be reviewed by the Law Dept. in advance. This includes review of initial and final creative assets by the Law Department and any subsequent new creative.
(2) Advertising campaigns will be only accepted for the states which have legalized recreational marijuana, medical marijuana, non-ingestible CBD Products (<0.03% THC), and vaping.
(3) The client must review and approve all advertising or other content we create, including for compliance with federal and state laws and regulations. Approval must be in writing (email).
(4) Advertisers must sign our IO (with T&Cs) and ad agreements, confirming at a minimum, they (a) are in compliance with all laws and (b) will indemnify us in the event of a legal challenge (including related to the ad content).
(5) Types of advertising and digital marketing that is offered:
• geo-targeted (by state) digital ads on O&O sites and 3rd party sites to the extent permitted by publisher/DSP;
• images of individuals in the creative is permissible with a subscript under the photo that the person is a model;
• images of individuals using marijuana and ingesting CBD products are not accepted;
• no health or therapeutic claims for CBD products can be included in the ads;
• no prominent images of the CBD products; and
• no flavored vaping products.

Ads for medical or recreational cannabis must typically include the following information:

• (Recreational/Medical) marijuana is available under (your state name) law, however it is illegal under Federal law;
• (Recreational/Medical marijuana is not available to individuals under the age of (18/21 [determined by your state law]); and
• The advertiser’s state registration or license number must be included in the ad (your advertiser should provide that registration/license number).

Ads for medical or recreational cannabis typically CANNOT include the following information:

• Prohibited content varies widely under state law. The advertiser is responsible for making sure its marketing is compliant with any state in which the advertising will be published.
• At a minimum, no advertising can target under-age consumers, nor include images of cannabis use, paraphernalia, and/or cannabis which might be viewed as glorifying.

Ads for CBD products must typically include the following information:

(1) The product is not intended to prevent, treat, diagnose or cure any condition or disease and has not been tested or approved by the FDA.

Prohibited Cannabis Advertisements Include:

(1) False or misleading content;
(2) Promotion of excessive consumption; (3) Depictions of underage consumption of cannabis;
(4) Objects or characters that promote the consumption of cannabis to young people (e.g. toys, cartoon characters, or any other depictions designed to appeal to a person under legal age);
(5) A design, representation, picture or illustration that is obscene or indecent.
(6) Cannabis accessories (e.g. bongs, pipes, cannabis-specific vapes); or
(7) Cannabis edibles: (e.g. infused chocolate, cookies, gummy bears, etc.)

General CBD Advertising Standards:

In addition to the above requirements Cphere will not approve advertisements for CBD products in the US that are:
(1) Food;
(2) Products intended to be used in animals; or
(3) Dietary supplements.

Guidelines for Canadian Advertising Regulations:

Cphere may approve ads for all legal cannabis products in Canada which include: cannabis flower, CBD products, oils, extracts, concentrates, edibles and cannabis accessories. Cphere prohibits cannabis advertisements in Canada from including:
(1) A depiction of a person, character or animal (real or fictional);
(2) An association with a way of life or image that is glamorous, recreational, exciting, promoting vitality, and/or is risky or daring;
(3) False, misleading, or deceptive claims;
(4) References appealing to young persons (e.g. toys, cartoon characters, or any other depictions designed to appeal to a person under the legal age);
(5) Information about cannabis price or distribution;
(6) The use of testimonials or endorsements; or
(7) Inducements for the purchase of cannabis.

Cannabis/CBD advertisements that include the above will not be approved for programmatic media distribution.

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.

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.

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.

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.

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.

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.

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.

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.

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.”

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.

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.

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 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.

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.

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).

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.

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

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

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.]