Cannabis Legalization and Regulation Map
Cannabis Legalization and Regulation by State
*State regulations change due to legislative and administrative revisions as well as litigation. OAAA endeavors to update this information as needed; please email [email protected] with new information.
Summary
- Any advertisement must be submitted to and approved by the Commission
- Among other restrictions, there shall be no advertising –
- On billboards
- Within 500 feet of a facility that may be attractive to minors
- On radio, TV, broadcast, cable, social media or internet-based platform
- On any portable sign
- On any brochure or similar handout
- Containing a cartoon
- On any apparel
- Suggesting a relationship to edibles
- Containing false or misleading content
- Depicting cannabis plants
- Containing slang cannabis terms
Summary
- Medical and Adult Use
- Among other restrictions, there shall be no advertising –
- Referencing sales
- Referencing games involving the consumption or prize(s) of marijuana
- Not in compliance with a local government’s laws regarding on-premises signage
- Without business name and license number
- Containing false or misleading content
- Promoting excessive consumption
- Representing that marijuana has curative or therapeutic effects
- Depicting underage usage
- Containing a cartoon or other depiction appealing to persons younger than 21 years of age
- Within 1,000 feet of –
- A child-centered facility
- A playground or recreation center
- A public park
- A library
- A game arcade open to persons under 21
- A substance abuse or treatment facility
- On or in a public property
- Without the following warnings –
- “Marijuana has intoxicating effects and may be habit forming and addictive.”
- “Marijuana impairs concentration, coordination, and judgment. Do not operate a vehicle or machinery under its influence.”
- “There are health risks associated with consumption of marijuana.”
- “For use only by adults twenty-one and older. Keep out of the reach of children.”
- “Marijuana should not be used by women who are pregnant or breast feeding.”
- On a website that does not ensure there are no visitors under 21
- Directed towards location-based devices, unless through an app installed by an adult and has an easy opt-out feature
Summary
- Among other restrictions, there shall be no advertising –
- Without advertiser’s name and license number
- Via individualized communication without age verification to prevent viewing by anyone younger than 21
- Facilitating delivery by a non-licensee
- Solicitation or acceptance of orders by a non-licensee
Summary
- Among other restrictions, there shall be no advertising –
- Appealing to children
- No cartoons or toys
- Containing deceptive, false, or misleading statements
- Encouraging transportation of medical marijuana across state lines
- Displaying consumption of marijuana
- Encouraging or promoting marijuana as an intoxicant
- Encouraging excessive or rapid use of marijuana
- Within 1,000 feet of the perimeter of a school or daycare
- On or in a public transport vehicle or shelter
- On or in a public property
- On TV, radio, print, or internet unless there is reliable evidence that no more than 30% of the audience is reasonably expected to be under the age of 18
- Offering coupons, rebates, or promotions
- Containing a cross
- Containing a caduceus
- Containing any other symbol commonly associated with medicine or pharmacies
- On more than 3 signs (no differentiation between on and off-premises)
- On a sign that exceeds 36 square feet (no differentiation between on and off-premises)
- Without inclusion of at least one of the following statements –
- “Marijuana is for use by qualified patients only. Keep out of reach of children.”
- “Marijuana use during pregnancy or breastfeeding poses potential harms to an unborn child or child.”
- “Marijuana is not approved by the United States Food and Drug Administration to treat, cure, or prevent any disease.”
- “Do not operate a vehicle or machinery under the influence of marijuana.”
Summary
- Medicinal & Adult-Use
- Among other restrictions, there shall be no advertising –
- That does not contain the licensee’s license number
- On broadcast or print media unless at least 71.6% of the audience is expected to be 21 years or older
- Involving direct advertising unless age affirmation methods are used to ensure the recipient is at least 21 years old
- That isn’t truthful and appropriately substantiated
- That is false, untrue, or misleading
- Inconsistent with a product’s label
- On a state or interstate highway that crosses the CA border
- Intending to encourage persons under 21 years of age to consume cannabis
- Attractive to children
- Within 1,000 feet of a daycare, school, playground, or youth center
- Regarding a cannabis cartridge without the statement that “A spent cannabis cartridge shall be properly disposed of as hazardous waste at a household hazardous waste collection facility or other approved facility.”
- That creates a misleading impression as to the effects on health of cannabis consumption
Summary
- Medical & Retail
- Among other restrictions, there shall be no advertising –
- Of a deceptive, false, or misleading nature
- Unless it includes a notice regarding the potential risks of marijuana overconsumption
- Through TV, radio, print, or internet except where at least 71.6% of the audience is reasonably expected to be at least 21 years old
- That asserts marijuana products are safe because they are regulated by the state or because they are tested
- Unless it complies with local laws and ordinances
- Within 500 feet of a school, church, or public playground
- Specifically targeting persons under the age of 21, i.e., through cartoons or similar images
- Of a location based targeted basis except through an app installed by a person aged 21 or older and that includes an easy opt-out feature
- Of a “pop-up” nature on the internet
- Of event sponsorship except where at least 71.6% of the audience is reasonably expected to be aged 21 or older
Summary
- Medicinal
- Among other restrictions, there shall be no advertising –
- That has the purpose or effect of steering patients into selecting a physician, APRN, dispensary, or marijuana product
- That is false, misleading, or deceptive
- Disparaging of a competitor’s products
- That is obscene or indecent
- That portrays the use of marijuana for a condition other than a debilitating medical condition
- That encourages the recreational use of marijuana
- That claims or implies a curative or therapeutic effect unless substantiated under law
- Portraying anyone who is or appears to be under the age of 18 or objects suggestive of the presence of anyone under 18, excepting products that relate to minor patients
- Offering any prize, award, or inducement to a qualifying patient, excepting price discounts
- Indicating the product has been approved by the state or federal government
- Among other restrictions, there shall be no advertising –
- Adult-Use
- Among other restrictions, there shall be no advertising –
- By billboard within 1,500 feet of a school, church, recreation center, playground, public park, or library
- By billboard between the hours of 6a-11p
- Through any medium unless the advertiser has reliable evidence that at least 90% of the audience is reasonably expected to be at least 21 years old
- Within 500 feet of a school, recreation center, child care center, playground, public park, or library
- Unless such advertisement contains the following warning in at least 10% of the space in a print medium or if in an audio medium in the same speed as the rest of the advertisement – “Do not use cannabis if you are under twenty-one years of age. Keep cannabis out of the reach of children.”
- Any outdoor signage will be deemed to meet the above audience requirement and will be exempt from the 500 feet spacing and the above warning if it –
- Contains only the name and logo of the advertiser
- Does not contain any cannabis plant imagery
- Contains no more than 3 colors
- Is located
- On the advertiser’s premises
- On commercial property on which advertiser is a tenant
- By anyone who is not the holder of a cannabis establishment license
- Targeting or designed to appeal to persons under 21 years of age, i.e., spokespersons or celebrities who appeal to persons under 21, depictions of persons under 25 consuming cannabis, or the inclusion of objects (i.e., toys, cartoons, etc.) suggesting the presence of persons under 21 or which may be appealing to persons under 21
- Depicting cannabis
- Of a location based targeted basis except through an app installed by a person aged 21 or older and that includes an easy opt-out feature and warnings that cannabis is restricted to persons aged 21 or older
- That claims or implies a curative or therapeutic effect unless substantiated under law
- In sponsorship of an event unless not more than 10% of the audience is reasonably expected to be under the age of 21
- Encouraging the growth of cannabis for distribution outside the state
- Encouraging the transportation of cannabis across state lines
- Encouraging illegal activity
- Using any term (i.e., “drug store”, “apothecary”, “medicine shop”, “drug”) or symbol indicating the advertiser is a pharmacy
- On or in public transportation, shelters, or venues, or upon any public or private vehicle, unless such vehicle is owned by the advertiser
- Using a radio or loudspeaker in a vehicle or outside of a facility
- That is false, misleading, or deceptive
- That is obscene or indecent
- Indicating the product has been approved by the state or federal government
- Unless any such advertisement is maintained in a log containing a copy of all advertisements including the medium, location, and date range for same
- Among other restrictions, there shall be no advertising –
Summary
- Medical
- Among other restrictions, there shall be no advertising –
- On billboards
- Except for on-premises signage and a few other minor exceptions
- Among other restrictions, there shall be no advertising –
- Recreational
- Among other restrictions, there shall be no advertising –
- That has a high likelihood of reaching minors
- Regulations for Recreational cannabis are being developed (2024) by the Delaware Department of Safety and Homeland Security in partnership with the Department of Health and Social Services
Summary
- There is no provision for out-of-home advertising
- Among other restrictions, there shall be no advertising –
- Visible to the public from any public place except –
- An on-premises sign with name or approved trade name or logo
- Internet advertising –
- Approved by the Office
- That is not attractive to children
- That does not promote the recreational use of marijuana
- Not by pop ups
- Must have an easy opt out feature if by opt-in marketing
- Via website which must contain –
- Each product for purchase, including –
- Form
- Strain
- Cannabidiol (CBD) content
- THC content
- Dose unit
- Total number of doses available
- Ratio of CBD to THC
- The price for a 30-, 50-, and 70-day supply
- The price for all products
- Any discount policies and eligibility for same
- Visible to the public from any public place except –
Summary
- No advertising is permitted
Summary
- No advertising is permitted –
- Except via website containing only general information on –
- Contact information
- Retail dispensing location
- List of products in compliance with the rules
- Except via website containing only general information on –
- Except via private messaging system requested by an individual
- Displaying cannabis or cannabis products in public view
- Containing the words “candy” or “candies”
- Making unsubstantiated, false, or misleading health or benefit claims
- In general, billboards are prohibited
This state does not allow cannabis of any kind.
Summary
- Medical
- Among other restrictions, there shall be no advertising –
- Within 1,000 feet of the perimeter of a school, playground, recreation center, child care center, public park, library, or any game arcade not restricted to persons 21 years of age or older
- On or in a public vehicle or shelter
- On or in publicly-owned or operated property
- Cultivation centers are prohibited from advertising to the public
- Among other restrictions, there shall be no advertising –
- Adult Use
- Among other restrictions, there shall be no advertising –
- That is false or misleading
- Promoting overconsumption of cannabis
- Depicting actual consumption of cannabis
- Depicting a person under 21 years of age consuming cannabis
- Making any health or therapeutic claims about cannabis
- Including the image of a cannabis leaf or bud
- Including any image likely to appeal to persons under the age of 21, i.e., cartoons, toys, animals, or children
- Within 1,000 feet of the perimeter of a school, playground, recreation center, child care center, public park, library, or any game arcade not restricted to persons 21 years of age or older
- On or in a public vehicle or shelter
- On or in publicly-owned or operated property
- Among other restrictions, there shall be no advertising –
Summary
- No regulations pertaining to advertising
Summary
- Among other restrictions, there shall be no advertising –
- Other than business name and logo which shall not include
- Images of cannabis or cannabis paraphernalia
- Slang terms for cannabis
- Names of cannabis strains
- Unsubstantiated medical claims
- Medical symbols
- Of false, misleading, or unsubstantiated health statements on a manufacturer’s website
- Any advertising other than name and logo must receive prior approval of the Bureau of Cannabis Regulation
Summary
- No advertising is permitted, except –
- On-premises
- Business directories
- Phone books
- Trade or medical publications
- Sponsorship of health or non-profit charity or advocacy events
Summary
- There are no laws or regulations regarding advertising or marketing
Summary
- Medical
- Among other restrictions, there shall be no advertising –
- Of a misleading, deceptive, or false nature
- That has a high likelihood of reaching persons under 21 years old
- Designed to appeal to persons under 21 years old
- Within 1,000 feet of the boundary of a school (however, a municipality may increase such distance or decrease it to not less than 500 feet)
- In conjunction with Adult Recreational usage
- Claiming health or physical benefits
- Of an unsolicited nature on the internet, such as banner ads or mass-market websites
- Of an opt-in nature that does not permit an easy and permanent opt-out feature
- Of a location based targeted basis except through an app installed by a person aged 21 or older and that includes an easy opt-out feature and warnings that cannabis is restricted to persons aged 21 or older
- Among other restrictions, there shall be no advertising –
- Adult Use
- Among other restrictions, there shall be no advertising –
- That is attractive to persons under 21 years of age
- That promotes irresponsible use
- That promotes illegal activity
- That is contrary to consumer protections
- That presents a significant risk to public health and safety
- Of a deceptive, false, or misleading nature
- Displaying consumption of cannabis
- Including claims of potency, other than listing cannabinoid content
- Depicting activities considered risky when under the influence of cannabis, i.e., driving a car, operating a boat or machinery, or being pregnant or breastfeeding
- Containing content reasonably considered to target persons under 21 years of age, i.e., cartoons, toys, or other products marketed to or by persons under 21
- Imitating candy advertising
- Including the term “candy” or “candies”
- Encouraging illegal activity, including transportation of cannabis across state lines
- Asserting cannabis is safe because regulated or tested or otherwise claiming state support of cannabis
- Claiming cannabis has curative or therapeutic effects
- Claiming health or physical benefits
- Encouraging excessive or rapid consumption
- On handbills to be distributed in public
- Utilizing TV, radio, print, or internet where there is a high likelihood such advertising will reach a person under the age of 21
- Utilizing vehicle wraps, except for stickers not exceeding 36 square inches
- Within 500 feet of a city or unorganized/disorganized area school
- Within 1,000 feet of a school if the city has not prescribed a distance
- Among other restrictions, there shall be no advertising –
Summary
- Medical & Adult-Use
- Among other restrictions, there shall be no advertising –
- Making therapeutic or medical claims unless –
- Supported by competent and reliable scientific evidence
- It includes information on the most serious side effects or risks
- Making therapeutic or medical claims unless –
- Among other restrictions, there shall be no advertising –
- Via any out-of-home means
- In violation of Unfair or Deceptive Trade Practices
- Targeting persons under 21 years of age
- Including material attractive to minors, i.e., cartoons, mascots, or other depiction commonly used in marketing to persons under 21
- Displaying the use of cannabis
- Encouraging cannabis as an intoxicant
- That is obscene
- By means of TV, radio, internet, electronic, or print unless 85% of the audience is reasonably expected to be at least 21, as determined by reliable data
- On a website unless employing a neutral age-screening mechanism, to ensure the visitor is at least 21 years of age, prior to access or collection of any information
- Medical & Adult Use
- Unless otherwise prohibited, as set forth below, advertising much contain the statement “Please Consume Responsibly” in a conspicuous manner, as well as at least 2 of the following health warnings –
- “This product may cause impairment and may be habit forming.”
- “Marijuana can impair concentration, coordination and judgment. Do not operate a vehicle or machinery under the influence of this drug.”
- “There may be health risks associated with consumption of this product.”
- “For use only by adults 21 years of age or older. Keep out of the reach of children.”
- “Marijuana should not be used by women who are pregnant or breastfeeding.”
- Among other restrictions, there shall be no advertising –
- Of a deceptive, false, fraudulent, or misleading nature
- Of any nature or medium unless at least 85% of the audience is reasonably expected to be 21 years of age or older or comprised of individuals with debilitating conditions, as determined by reliable data
- Portraying anyone under the age of 21
- Containing mascots, cartoons, celebrity endorsements, or anything deemed to appeal to a person less than 21
- Promoting usage in persons less than 21
- Of a promotional nature that include giveaways or coupons
- Asserting marijuana is safe
- Via neon signs
- Via vehicular radio or loudspeaker
- Via radio or loudspeaker of a marijuana establishment
- Offensive or disparaging to certain groups
- Solely for the promotion of marijuana on MTC Branded Goods, i.e., clothing, cups, or other similar portable promotional items
- Of event sponsorship except where at least 85% of the audience is reasonably expected to be aged 21 or older, based upon reliable data
- On a website unless an entrant can be verified to be at least 21 or a Qualified Patient or Caregiver
- Via pop-up unless installed on a device by the owner who is a Qualified Patient, Caregiver, or is 21 or older
- On or in public or private vehicles, public transportation waiting areas
- The price of marijuana
- Unless otherwise prohibited, as set forth below, advertising much contain the statement “Please Consume Responsibly” in a conspicuous manner, as well as at least 2 of the following health warnings –
Summary
- Medical & Adult-Use
- Among other restrictions, there shall be no advertising –
- Of a deceptive, false, or misleading nature
- Claiming health benefits
- Where more than 30% of the audience is reasonably expected to be 17 or younger for Medical or younger than 21 for Adult-Use
- For Medical unless it is advertised as “medical marihuana” for use only by registered qualifying patients or primary caregivers
- Among other restrictions, there shall be no advertising –
Summary
- Medical (health care practitioners)
- Among other restrictions, there shall be no advertising –
- Containing false or misleading statements
- Using slang cannabis terms
- States or implies the practitioner is endorsed by the state
- Including images of cannabis or paraphernalia
- Containing medical symbols
- Not containing a warning specified by the Office regarding impairment and health risks
- Adult-Use
- Among other restrictions, there shall be no advertising –
- Via outdoor advertising
- Containing false or misleading statements
- Containing unverified health or therapeutic claims
- Promoting overconsumption
- Depicting a person under 21 years of age consuming cannabis
- Likely to appeal to or encourage consumption by persons under 21, including cartoons, toys, animals, or children
- Via any medium if 30% or more of the audience is reasonably expected to be under 21, as determined by reliable data
- Via pop-ups
- Via direct communication without a method of verifying the recipient is 21 or older
- Via location-based devices unless the owner is 21 or older
- Via direct communication without a method of verifying the recipient is 21 or older
- Via location-based devices unless the owner is 21 or older
- Among other restrictions, there shall be no advertising –
Summary
- Among other restrictions, there shall be no advertising –
- By practitioners through any media while also not –
- Containing false or misleading statements
- Using slang terminology
- Stating or implying a practitioner is endorsed by the state
- Using the Medical Cannabis Program logo
- Including images of cannabis
- Containing medical symbols
- By practitioners through any media while also not –
- By medical cannabis establishments through any media
- By Licensees
- Depicting cannabis consumption
- Promoting overconsumption
- Making any health or therapeutic claims
- Making any safety claims
- Including any image or phrase likely to appeal to minors, including cartoons, toys, animals, or children
Summary
- Medical & Adult-Use
- Among other restrictions, there shall be no advertising –
- That is false or misleading
- That marijuana is curative or therapeutic
- That is attractive to children, i.e., cartoons, animals, or fruit
- Any statement inconsistent with labeling
- On outdoor signage that is not in compliance with local ordinances
- Among other restrictions, there shall be no advertising –
Summary
- No provision for out-of-home advertising
- Medical & Adult-Use
- Among other restrictions, there shall be no advertising –
- Via any media other than electronic means such as maintaining a website or web applications that –
- Is false or misleading
- Promotes overconsumption
- Depicts consumption
- Depicts consumption by a person under 21 years of age
- Makes any health or therapeutic claim
- Is designed to appeal to persons under 21, including cartoons, animals, children, etc.
- Uses pop-ups
- Via any media other than electronic means such as maintaining a website or web applications that –
- Among other restrictions, there shall be no advertising –
- Directs advertising to mobile devices via push notifications unless the viewer has opted to receive same
This state does not allow cannabis of any kind.
- No provision for out-of-home advertising
- Medical & Adult-Use
- Among other restrictions, there shall be no advertising –
- That appeals to children, i.e., cartoons, mascots, actions figures, balloons, fruit, or toys
- That is false or misleading
- Promoting overconsumption
- Depicting actual consumption
- Depicting or suggesting the presence of a child or designed to be appealing to anyone under 21 years of age
- Via any media if 30% or more of the audience is reasonably expected to be less than 21
- Within 1,000 feet of a school, playground, public park, library; provided, however, that an advertisement that predates any such use may be maintained
- On or inside a public transportation vehicle or shelter
- At a sports event where persons under 21 are allowed
- At an entertainment event where 30% or more of attendees are less than 21
- “Free” or “donated” cannabis without a purchase
- Without the following warnings –
- “Keep out of reach of children.”
- “For use only by adults 21 years of age and older.”
- Without the name and license number of the advertising establishment
- Local governments may adopt more restrictive rules and regulations
- The statement: “Keep out of reach of children” and “For use only by adults 21 years of age and older.” must be on every advertisement.
Summary
- Among other restrictions, there shall be no advertising –
- Via any media other than –
- On-premises signage, which must contain –
- “Therapeutic Cannabis Dispensary”
- No flashing lights
- No illumination during non-business hours
- On-premises signage, which must contain –
- Phone book or business directory
- Website and social media accounts, which must be age restricted to discourage minors from accessing such sites, and which may contain –
- Name and location
- Contact information
- Hours of operation
- Services provided
- Strains of available cannabis but not brand names
- Products available
- Product pricing and discounts
- Required educational material
- Any other information not intended to induce the purchase of cannabis by persons other than qualified patients and caregivers
- Complying direct communications to qualified patients and caregivers
- Directed to minors or to persons 25 years or younger who are not qualified patients or caregivers
- Any name and logo shall not contain –
- Medical symbols
- Images of cannabis or paraphernalia
- Slang cannabis terms
Summary
- Medicinal
- Among other restrictions, there shall be no advertising –
- Except for black text on a white background on external signage, labeling, and brochures
- On illuminated signage
- On the exterior of a facility any medicinal marijuana or brand names except to identify the building by permitted name
- The price of marijuana (except in a catalogue at the business)
- On t-shirts or novelty items with cannabis symbols or references
- Adult Personal-Use
- Among other restrictions, there shall be no advertising –
- On a billboard unless it is on the property where the cannabis business is located
- Unless there is reliable evidence at least 71.6% of the audience is reasonably expected to be 21 years of age or older
- Without the following warning – “This product contains cannabis. For use only by adults 21 years of age or older. Keep out of the reach of children. There may be health risks associated with the consumption of this product, including for women who are pregnant, breastfeeding, or planning on becoming pregnant. Do not drive a motor vehicle or operate heavy machinery while using this product.”
- Unless disclosed the facility is licensed by the state
- Targeting or appealing to persons under 21, and not to include a depiction of a person under 21 consuming cannabis or including toys, characters, cartoons suggesting the presence of a person younger than 21 or designed to appeal to a person under 21
- On TV, radio, or streaming services between 6a-10p, except that online advertising has no time restrictions
- Within 200 feet of a school
- Towards location-based devices unless via a mobile app installed on a device owned by a person 21 or older and which includes an easy opt-out along with warnings that cannabis is restricted to persons 21 and older
- At or in connection with events unless there is reliable evidence no more than 20% of the audience is reasonably expected to be under 21
- In any arena, stadium, mall, fair, or arcade unless persons under 21 are prohibited
- Suggesting cannabis is safe because it is regulated or tested
- Promoting rapid or over consumption
- That is deceptive, false, or misleading
- Advertising the price of cannabis (except at the business or on such business’ website)
- On t-shirts or novelty items with cannabis symbols or references
- Under any alternate name
- That appeals to minors
- Promoting excessive use
- Promoting illegal activity
- Presenting a significant risk to health and safety
- Among other restrictions, there shall be no advertising –
Summary
- Among other restrictions, there shall be no advertising –
- Medical & Adult-Use
- On radio, TV, other broadcast media, internet pop-ups, or mass transit vehicles (except for subscribers to such subscription-based media who are 21 years of age or older and except for persons 21 or older who solicited such advertising)
- Of a false, deceptive, or misleading nature
- Within 300’ of a school, daycare, or church
- Depicting consumption by children or anyone appearing to be younger than 21
- Targeting minors or using cartoons or other symbols or images commonly used to market products to minors
- Without legibly and accurately identifying the persons responsible for the content
- Via print or digital communications except where at least 70% of the audience is reasonably expected to be 21 or older, as determined by reliable, current data
- Without the statement – “Please Consume Responsibly” in a conspicuous manner
- Without the following warnings in type size of at least 10% of the largest type used in the ad
- “For use only by adults 21 and older.”
- “Keep out of reach of children.”
- “This product is not approved by the FDA to treat, cure, or prevent any disease. FDA has not evaluated this product for safety, effectiveness, and quality.”
- “Do not drive a motor vehicle or operate machinery while under the influence of cannabis.”
- “There may be long term adverse health effects from consumption of cannabis, including additional risks for women who are or may become pregnant or are breastfeeding.”
- Making unproven health claims
- Designed to mimic any other product brand
- Medical & Adult-Use
Summary
- Medical
- Among other restrictions, there shall be no advertising –
- No billboards
- On Outdoor Signage unless regarding location of a medical cannabis dispensing sites is permitted provided such signs are limited to the following information –
- Business or trade name
- Business location
- Nature of the business
- Affixed to a building or permanent structure
- Not illuminated by neon lights
- Not on vehicles owned, leased, or utilized by registered organizations
- No more than 2 signs per dispensing site
- Do not depict cannabis or the act of smoking or vaping
- On any sign or placard, regardless of size, in arenas, stadiums, malls, fairs, and video game arcades, except for adult-only facilities
- Unless true and accurate statements as to effectiveness, side effects, consequences, or contraindications with a fair balance to each
- Jeopardizing public health or safety, promoting youth use, or be attractive to persons under 21 years of age
- Unless the following statements are included in a conspicuous manner or read clearly at the same volume and pace as the rest of the advertisement –
- “Keep out of reach of children and pets.”
- “In case of accidental ingestion or overconsumption, contact the National Poison Control Center hotline 1-800-222-1222 or call 9-1-1.”
- “Please consume responsibly.”
- Any other statements or warnings directed by the [Office of Cannabis Management]
- All such statements or warnings in print or digital media shall be displayed –
- In English
- In Times New Roman, Calibri, Arial, or Helvetica
- In at least a size 6 font
- Bolded
- Legibly, unobscured, and visible to the consumer
- In a bright yellow text box to stand out from the surrounding advertisement, unless the surrounding ad is in yellow, in which case the text box shall be offset with a distinctive border
- All such statements or warnings in print or digital media shall be displayed –
- Unless there is reliable evidence that at least 90% of the audience is reasonably expected to be 21 years of age or older
- At or in sponsorship of an event unless there is reliable evidence that at least 90% of the audience is reasonably expected to be 21 or older
- Any apparel displaying brand or trademark must only be in adult sizes
- Unless name and registration number are legibly included
- Via a website or app unless such media contain an age verification system preventing anyone under 21 from visiting, unless such person is at least 18 and is a certified patient or caregiver visiting the website to purchase medical cannabis
- Using slang cannabis terms
- Asserting cannabis is safe because it is regulated or approved by the state
- Relating to safety or efficacy of medical cannabis
- That is false, misleading, or deceptive
- Disparaging products from another licensed entity
- Using the term “organic”
- Promoting overconsumption
- Encouraging transportation of medical cannabis across state lines or illegal activity
- Containing offers of prizes or awards as an inducement to purchase, except for discounts
- Marketing free promotional items, except ones that promote public safety efforts, i.e., a lock box or safety storage bag
- On promotional gifts, i.e., t-shirts, bearing any reference to medical cannabis except as may be sold to certified patients or caregivers
- Depicting a child or person appearing to be under 21; any such talent shall be at least 25 and an actual certified patient, caregiver, or health care practitioner, not a model or actor
- Containing any obscenity or indecency
- Within 500 feet of a school, recreation center, childcare center, playground, public park, or library
- On handbills passed out in public areas
- Via unsolicited pop-ups except on age-restricted websites for persons 21 or older, unless such person is at least 18 and is a certified patient or caregiver visiting the website to purchase medical cannabis
- Using a commercial mascot
Adult-Use/Recreational
- Among other restrictions, there shall be no advertising –
- On outdoor signs except by licensees authorized to conduct retail sales, provided such signs –
- Are not billboards
- Are for the purpose of alerting people to an authorized retail dispensary’s location
- Are limited to the following information –
- Licensee’s name, entity name, or d/b/a
- Dispensary address, phone number, email address, and website
- Nature of the business
- Are affixed to a building or permanent structure
- Are not on vehicles
- Do not total more than 2 per licensed premises
- On outdoor signs except by licensees authorized to conduct retail sales, provided such signs –
- On any sign or placard, regardless of size, in arenas, stadiums, malls, fairs, and video game arcades, except for adult-only facilities
- Containing only visual elements or a combination of audio and visual elements, unless the following statements shall be included in a conspicuous manner or clearly read aloud at the same pace and volume and in the same language as the rest of the advertisement – “For use only by adults 21 years of age and older. Keep out of reach of children and pets. In case of accidental ingestion or overconsumption, contact the Poison Center at 1-888-222-1222 or call 9-1-1. Please consume responsibly.”
- Containing only auditory elements, unless the following statement should be clearly read aloud at the same volume and pace and in the same language as the rest of the advertisement – “For use only by adults 21 and older. Keep out of reach of children and pets. In case of accidental ingestion or overconsumption, contact the Poison Center. Consume responsibly.”
- Without inclusion of one of the following warnings in a rotating manner in a conspicuous manner or clearly read aloud at the same pace and volume and in the same language as the rest of the advertisement –
- “Cannabis can be addictive.”
- “Cannabis can impair concentration and coordination. Do not operate a vehicle or machinery under the influence of cannabis.”
- “There may be health risks associated with consumption of this product.”
- “Cannabis is not recommended for use by persons who are pregnant or nursing.”
- Other warnings as determined by the [Office of Cannabis Management]
- All such statements or warnings in print or digital media shall be displayed –
- In the same language as the advertisement
- In Times New Roman, Calibri, Arial, or Helvetica
- In at least a size 6 font
- Bolded
- Legibly, unobscured, and visible to the consumer
- In a bright yellow text box to stand out from the surrounding advertisement, unless the surrounding ad is in yellow, in which case the text box shall be offset with a distinctive border
- All such statements or warnings in print or digital media shall be displayed –
- Without inclusion of the state HOPEline substance use disorder resource helpline
- Via any means, other than an outdoor sign, unless upon reliable evidence at least 90% of the audience is reasonably expected to be 21 years of age or older
- At an event unless the advertisements consist only of the licensee’s logo and the following text –
- Licensee’s name, entity name, or d/b/a
- Licensee’s website, email address, and phone number
- Nature of the business
- If licensee is authorized for retail, the retail dispensary’s location
- Licensee branded apparel shall only be in adult sizes and sold at the licensee’s location
- Without licensee’s name and license number
- Via a website or app without age verification designed to prevent persons under 21 from visiting
- Using images attractive to persons under 21
- Using audio that may be attractive to persons under 21, i.e., children’s voices or cartoon voices
- Using slang cannabis terms unless such term is in the licensee’s name, d/b/a, or logo
- Of a false or misleading nature
- Making health or therapeutic claims
- Promoting rapid or over consumption
- Promoting potency or THC concentration
- Promoting price, discounts, customer loyalty programs, or coupons
- Asserting cannabis products are safe because they are regulated
- Using the term “organic”, except in compliance with the law
- Using the term “craft”, except in compliance with the law
- Using the term “gluten-free”, except in compliance with the law
- Using the term “vegan”, except in compliance with the law
- Using the term “kosher”, except in compliance with the law
- Containing an obscenity or indecency
- Within 500’ of a school, recreation center, childcare center, playground, public park, or library
- Disparaging the cannabis of another business
- Encouraging the transportation of cannabis across state lines or illegal activity
- On handbills passed out in public areas
- Including medical symbols
- Via unsolicited pop-ups except on age-restricted websites for persons 21 or older, who consent to view cannabis-related material
- On items for sale or promotional gifts, i.e., t-shirts, bearing any reference to cannabis except as may be sold to consumers
- Using a commercial mascot
Summary
- A dispensary may –
- Display its business name and logo on labels, signs, websites, and informational material provided to registered patients and caregivers
- The name and logo may not include –
- Images of marijuana or paraphernalia
- Slang references to marijuana
- Names of marijuana strains
- Medical symbols
- Maintain a website that may contain –
- Facility name
- Contact information
- Hours of operation
- Marijuana offered
- Product pricing
- A manufacturing facility may display its name and logo on labels, websites, and informational material
- The name and logo may not include –
- Images of marijuana or paraphernalia
- Slang references to marijuana
- Names of marijuana strains
- Medical symbols
- The name and logo may not include –
- Maintain a website that may contain –
- Facility name
- Phone number
- Other than the above, all other advertising must be preapproved by the Department
- A health care provider may not advertise in a dispensary
Summary
- Medical
- An advertisement –
- Is prohibited –
- On billboards
- If there is a high probability of reaching persons under 18
- Within 500 feet of a prohibited facility, game arcade admitting anyone under 21, or a business where the advertisement targets or is attractive to children
- On radio, TV, broadcast, cable, on-demand, satellite, or internet
- On any portable sign
- On a handbill or flyer in a public place
- On private property without the consent of the owner
- On or in a vehicle or public transit shelter
- On or in public property, including managed property
- From including any cartoons, fictional characters, or pop culture icon whose target audience is children or youth
- From selling or distributing any apparel or other merchandise to persons under 18
- From suggesting the product or entity has been approved by the state
- From encouraging the use of medical marijuana for a condition other than a qualifying medical condition
- From containing a statement or design that –
- Is false or misleading
- Contains marijuana leaves
- Slang terms
- Disparages a competitor’s products
- Is obscene or indecent
- Relates to safety or efficacy of medical marijuana
- From displaying external signage larger than 16” in height by 18” in width that is not attached to the business’ permanent structure
- From illuminating a sign advertising medical marijuana
- From selling or distributing clothing or wearable accessories unless to an employee for ID purposes at the business
- From advertising medical marijuana on the business’ exterior
- Is prohibited –
- An advertisement –
- Shall not encourage, promote, or otherwise create any impression that marijuana is legal or acceptable for use outside the scope of the law
- Shall not infer marijuana has any health or therapeutic benefits
- Must be preapproved by the Department, along with name, logo, and sign
- May be by a developed website requiring age affirmation of at least 18 years of age prior to access and setting forth –
- Name
- Business address
- Contact information
- Services provided
- Such website shall not –
- Allow direct engagement or user-generated content or reviews
- Allow for the transmission of content to persons under 18
- Target a group with a high likelihood of reaching persons under 18
- Display content that has not been preapproved by the Department
- Transact business
- Non-Medical
- There shall be no advertisements
- That are false or misleading
- That target minors
- That promote excessive use
- That promote illegal activity
- Regulations are set to be issued by the Department on or before September 2024
- There shall be no advertisements
Summary
- An advertisement shall not –
- Contain any matter which would reasonably be expected to induce minors to purchase or consume marijuana or medical marijuana products
- Be deceptive, false, or misleading
- Promote overconsumption
- Represent curative or therapeutic effects
- Depict a child or other under legal age person consuming marijuana
- Depict images (i.e., toys, cartoons, etc.) that suggest the presence of a child
- Contain any depiction that may be appealing to children or persons under 18 years of age
- Could cause a reasonable patient to believe the medical marijuana was grown in another state
- Contain the term “organic” unless authorized by the National Organic Program
- Indicate the medical marijuana is “Pesticide-free” unless grown without any pesticide
Summary
- Medical
- Advertising shall not –
- Use the Authority or the OMMP name or logo
- Contain deceptive, false, or misleading statements
- Contain any content reasonably considered to target minors, i.e., cartoons, toys, or similar items typically marketed to minors
- Encourage transportation across state lines
- Assert marijuana is safe because is regulated or tested
- Make claims of curative or therapeutic effects
- Display consumption of marijuana
- Be displayed without including the following statements –
- “Do not operate a vehicle or machinery under the influence of marijuana.”
- “Keep marijuana out of the reach of children.”
- Advertising shall not –
- Recreational
- Advertising shall not –
- Use the Authority or the OMMP name or logo
- Be attractive to minors
- Promote excessive use
- Promote illegal activity
- Present a significant risk to public health and safety
- Contain deceptive, false, or misleading statements
- Contain any content reasonably considered to target persons under 21 years of age, i.e., images of minors, cartoons, toys, or references to products commonly associated or marketed to minors
- Encourage transportation across state lines
- Assert marijuana is safe because is regulated or tested
- Make claims of curative or therapeutic effects
- Display consumption of marijuana
- Encourage the use of marijuana because of its intoxicating effect
- Encourage excessive or rapid consumption
- Be displayed without including the following legible statements –
- “Do not operate a vehicle or machinery under the influence of this drug.”
- “For use only by adults twenty-one years of age and older.”
- “Keep out of the reach of children.”
- Be on handbills distributed in public
- Be made through any media unless there is reliable evidence no more than 30% of the audience is reasonably expected to be under 21
- Be via website unless appropriate measures have been taken to ensure visitors are over 21
- Be via location-based devices unless through an app installed on the device by an owner 21 years of age or older and includes a permanent and easy opt-out
Summary
- Advertising shall not –
- Be inconsistent with federal regulations governing prescription drug advertising
- Be used prior to approval by the Department, except where a dispensary is listing its products, instruments, and devices for sale
- State a practitioner can certify a patient to receive medical marijuana
Summary
- Advertising shall not –
- Be viewable in a public space, i.e., via billboards, bus wraps, benches, adopt-a-highway signs, or any format that may be viewable from roads or walkways
- Target the general public but must be restricted to a registered patient audience
- Be attractive to persons under 21 years of age
- Promote non-medical use
- Promote illegal activity
- Be contrary to state or federal consumer protections
- Present a significant risk to public health and safety
- Contain deceptive, false, or misleading statements
- Display images of marijuana
- Display the consumption, use, or transfer of marijuana
- Include potency claims beyond cannabinoid content
- Include prices or the words “sale”, “discount”, “coupon”, “special”, or similar terms
- Depict persons under the influence of marijuana, including persons driving, operating a boat or machinery, or persons who are pregnant or breastfeeding
- Contain any content that can reasonably be considered to target persons under 21, i.e., cartoons, toys, or similar items typically marketed towards persons under 21
- Contain any imitation of candy advertising
- Include the term “candy” or “candies”
- Encourage transportation across state lines or illegal activity
- Assert marijuana is safe because it is regulated or tested
- Make curative or therapeutic claims
- Make health or physical benefit claims
- Encourage excessive or rapid consumption
- Distribute handbills in public
- Be made within 1,000 feet of a school (or such greater distance prescribed by a city)
- Be made via TV, radio, or print media
- Be directed towards location-based or electronic devices unless via an app targeted to a registered patient audience, not a public audience, with such app installed by the owner who is a registered patient and includes an easy opt-out
- Promotes application or enrollment in the program of a practitioner
- Be via a web platform unless utilizing appropriate measures to prevent use by anyone under 21
- Utilize pop-ups or banner ads other than 21+ age-restricted websites
- Be displayed without the following statements –
- “For use only by qualified patients.”
- Licensee’s license number
Summary
- FDA approved clinical trials to treat certain epileptic patients
- There are no current advertising regulations with regard to such products
Summary
- Advertising shall not be displayed or distributed –
- On a sign or billboard (a dispensary may have an on-premises sign)
- On handbills in public
- Through direct contact unless the recipient is verified to be a cardholder or medical cannabis establishment offered a permanent opt-out
- Via publication (a dispensary may advertise on publications on its premises)
- Via radio, TV, or other media
- Through a practitioner’s facility or targeting a practitioner’s patients
- Targeting
- Non-cardholders, including –
- Suggesting a medical evaluation
- Interacting with the general public at events
- Persons under 21 years of age, including
- Depicting anyone under 21
- Using cartoons, toys, or other images commonly marketed to persons under 21
- Non-cardholders, including –
- Practitioners or health care facilities
- Via website, social media, or mobile apps without –
- Verification the recipient is not an age-restricted cardholder
- Permanent opt-out
- Making deceptive, false, or misleading statements
- Making potency claims beyond cannabinoid content
- Depicting cannabis consumption
- Depicting pregnancy, breastfeeding, or operating a vehicle, boat or machinery
- Depicting or referring to candy
- Encouraging the transportation of cannabis across state lines or other illegal activity
- Asserting cannabis is safe because its regulated or tested
- Making curative or therapeutic claims
- Claiming health or physical benefits
- Encouraging excessive or rapid consumption
- Without including the following –
- “For medical use by qualifying patients only.”
- The ID number of the advertising establishment
Summary
- State legislature set up the Medical Cannabis Commission to study federal and state treatment of marijuana, to determine how to regulate it once it is removed from Schedule I of the federal Controlled Substances Act
- There are no current advertising regulations with regard to such products
Summary
- There are no current advertising regulations with regard to such products
Summary
- Advertising shall not include –
- A promotional discount or incentive
- A specific product, device, brand, or form
- An assurance of a medical outcome
- Licensee’s name and logo –
- May include –
- Medical terms and images
- Terms and images of the cannabis plant form
- May not include –
- Anything connoting recreational usage or appealing to children
- Emphasis on a psychoactive ingredient
- Specific cannabis strain
- Slang cannabis terms
Summary
- Medical
- Advertising shall not –
- Be displayed on vehicles delivering cannabis – neither shall cannabis insignia nor features indicative of dispensary operations
- Advertising shall not –
- Medical & Adult-Use
- All advertising must include the following warning – “Cannabis has not been analyzed or approved by the Food and Drug Administration (FDA). For use by individuals 21 years of age and older or registered qualifying patient only. KEEP THIS PRODUCT AWAY FROM CHILDREN AND PETS. DO NOT USE IF PREGNANT OR BREASTFEEDINGS. Possession or use of cannabis may carry significant legal penalties in some jurisdictions and under federal law. It may not be transported outside of the state of Vermont. The effects of edible cannabis may be delayed by two hours or more. Cannabis may be habit forming and can impair concentration, coordination, and judgment. Persons 25 years and younger may be more likely to experience harm to the developing brain.
It is against the law to drive or operate machinery when under the influence of this product. National Poison Control Center 1-800-222-1222.”
-
- Advertising shall not include –
- Anything that may appeal to persons under 21 years of age, i.e., toys, inflatables, movie characters, cartoons, etc.
- False, untrue, or misleading content
- Any statement inconsistent with brand labeling
- Websites without age-gating
- Social media accounts promoting products except through links to age-gated websites
- Advertising shall not include –
- It is presumed, unless demonstrated to the contrary by a preponderance of the evidence through reliable, current data, that –
- More than 15% of the audience is under 21
- The audience for an outdoor advertisement is the general public, which consists of persons under 21 in the same prevalence as above
Summary
- Medical
- Advertising shall not –
- Be via billboard advertising
- Be at sporting events
- Include false or misleading statements
- Promote overconsumption
- Depict a person younger than 21 years of age
- Appeal to persons younger than 21, including by use of cartoons
- Associate cannabis with candy or a similar product
- Contain any seal, flag, crest or other insignia that would mislead persons to believe cannabis is made or endorsed by the Commonwealth
- Be made through any means unless at least 85% of the audience is reasonably expected to be 18 or older, as determined by reliable, recent data
- Be made through radio or TV outside of regular school hours
- Be made via pop up
- Advertising shall –
- Accurately and legibly identify the advertiser
- Include a statement that cannabis products are for use by certified patients only
- Abide by the following if related to therapeutic or medical claims –
- Be supported by substantial, current data
- Include information on side effects or risks
- Accurately and legibly identify the advertiser
- Advertising may –
- Be made in telephone books, business directories, or other business informational
- Be made via website or social media site and contain –
- Age verification
- Name and location
- Contact information
- Hours of operation
- Laboratory results
- Product information and pricing
- Directions to the location
- Educational materials supported by substantial, current data
- Signs placed on medical facility’s property shall not –
- Display cannabis
- Contain neon or other gases
- Draw undue attention to the facility
- Be illuminated during non-business hours
- Advertising shall not –
- General/Home Cultivation
- Advertising shall not –
- Be displayed on a billboard
- Be for any form of cannabis or synthetic THC or derivative thereof other than for those that may be legally sold in the Commonwealth
- Be broadcast unless at least 71.6% of audience is reasonably expected to be 21 or older, as determined by reliable, recent data
- Be via pop-up
- Be misleading, deceptive, or false
- Target or appeal to persons under 21, i.e., using cartoons, toys, animals, children, or any other image, character, or phrase popularly used in advertising to children
- Depict products in packaging similar to that used to market candy
- Imply (synthetic) cannabis products enhance athleticism or are government endorsed
- Be displayed at a sporting event
- Make any reference to intoxicating effects
- Promote overconsumption or consumption by persons under 21
- Depict a person consuming (synthetic) cannabis/THC or depict anyone under 21
- Display any products where the advertisement is visible by the public from a public place
- Include coupons, giveaways, or on merchandise containing anything other than facility name and contact information
- Be on or in public transport or public transport waiting areas/shelters
- Advertising shall –
- Accurately and legibly identify the advertiser
- Include the following statement – “For use by adults 21 years of age and older.”
- If direct advertising, first verify the recipient is 21 or older
- With regard to outdoor advertising (per statute) –
- No outdoor advertising shall be placed within 500 linear feet on the same side of the road, and parallel to same, of a(n) –
- Church
- Institution of higher learning
- Playground or similar recreational facility
- Substance use disorder treatment center
- Residential dwelling
- No outdoor advertising within 500 feet of a school
- If any outdoor advertisement predates any of the above uses, then it shall be allowed to remain for the remainder of the contract term but no longer than 1 year from the conflicting use
- No outdoor advertising on agricultural, residential, or unzoned property
- No outdoor advertising shall be placed within 500 linear feet on the same side of the road, and parallel to same, of a(n) –
- With regard to outdoor advertising (per Administrative Code) –
- No outdoor advertising within 1,000 feet of a
- School or day care
- Playground or similar recreational or child-centered facility
- Substance use disorder treatment facility
- Advertising shall not –
- D.C. Alcoholic Beverage and Cannabis Administration
- D.C. Code Sections 7-1671.01, et seq. (2024)
- D.C. Mun. Regs. Sections 22-C100, et seq. (2024)
- Notice of Emergency and Proposed Rulemaking MC_Jan31.pdf
- FINAL Special Order - Initiative 71
- Bowser Administration Outlines Changes in District Marijuana Laws
Summary
- Medical
- Advertising shall not –
- Exhibit pricing in the window of a registered establishment
- Be displayed on the interior or exterior of a door or window
- Be illuminated
- Depict a child or immature person or objects (i.e., toys) suggestive of the presence of a child
- Contain any statement or picture designed to appeal to children/immature persons
- Be false or misleading
- Encourage the use/purchase of medical marijuana without a registration card
- Represent that goods or services are compliant with Initiative 71
- Sign Advertising shall –
- Be limited to 10 square feet unless the signage is attached to the exterior of the building and contains only the establishment’s trade name
Summary
- Medical & Retail
- Outdoor advertising shall be limited to –
- 2 separate signs (a double-sided sign shall constitute only 1 sign) –
- Containing only –
- Name
- Location, including physical address, website, email, or phone number
- Nature of the business
- Containing only –
- 2 separate signs (a double-sided sign shall constitute only 1 sign) –
- Outdoor advertising shall be limited to –
- Billboards are limited to providing only the above name, location, and nature information
- Affixed to a building or permanent structure
- Limited to 1,600 square inches
- And shall not–
- Contain depictions of cannabis
- Be via mascot
- Be in an arena, stadium, mall, fair, farmers market, video game arcade – excluding any such venues that are adult only
- Advertising shall not –
- Be false or misleading
- Promote overconsumption
- Represent cannabis has curative or therapeutic effects
- Depict a child or other person under legal age consuming cannabis or including the use of any image designed to likely appeal to persons under legal age, i.e., toys, inflatables, movie characters, cartoons, etc.
- Be placed within 1,000 feet (or such shorter distance prescribed by local jurisdiction) of a school, playground, recreation facility, child care center, public park, library, or game arcade that is not restricted to 21 and older
- Be placed on or in a vehicle or public transport shelter or waiting area
- Be placed without including text that cannabis may only be purchased or possessed by persons 21 years of age or older, i.e., “21+”, “for use by persons 21 and over only”, etc.
- Target persons living outside the state
- All advertising, except outdoor, shall contain the following warnings in type at least 10% of the largest type used in the advertisement
- “This product has intoxicating effects and may be habit forming.”
- “Cannabis can impair concentration, coordination, and judgment. Do not operate a vehicle or machinery under the influence of this drug.”
- “There may be health risks associated with consumption of this product.”
- “For use only by adults 21 and older. Keep out of the reach of children.”
Summary
- Advertising shall not –
- Be used without the Medical Cannabis Advisory Board’s prior approval
- Be inconsistent with federal regulations governing prescription drug advertising
- Be deceptive, false, or misleading
- Contain content targeting persons under 21, i.e., images of minors, cartoons, toys, or products commonly associated with or marketed to minors
- Encourage transportation of medical cannabis across state lines
- Encourage illegal activity
- Display consumption of medical cannabis
- Be displayed without the following statements –
- “Do not operate a vehicle or machinery under the influence of this drug.”
- “Keep out of the reach of children.”
- Be placed on handbills and passed out in public
- Be disseminated via any means unless there is reliable evidence no more than 30% of the audience will be under 21
- Be via website without age verification a visitor is 21 or older
- Be via direct marketing, i.e., to cell phones, unless via a mobile app installed by the phone’s owner who is 21 or older, and the app contains a permanent and easy opt-out feature
Summary
- Wisconsin’s definition of THC excludes cannabidiol products without psychoactive effect as dispensed by a physician or pharmacist as treatment for a medical condition
- The THC definition also excludes a drug product approved by the FDA that contains no more than 0.1% THC
- There are no current advertising regulations with regard to such products
Summary
- Cannabis containing less than 0.3% THC is excluded from the definition of controlled substances
- There are no current advertising regulations with regard to such products
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