Cannabis Legalization and Regulation Map

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 

• 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 
• 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

Summary 

• Medical 
  • Among other restrictions, there shall be no advertising – 
    • On billboards 
    • Except for on-premises signage and a few other minor exceptions 

• 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 

• 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 
• 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 

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 
• 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 

• 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

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 

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 

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 

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 
• Directs advertising to mobile devices via push notifications unless the viewer has opted to receive same 

• 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 

• 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 

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 

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 
• 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 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 
• 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 

• 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 
• 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 

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.” 

• 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 

• Medical 
  • Advertising shall not – 
    • Be displayed on vehicles delivering cannabis – neither shall cannabis insignia nor features indicative of dispensary operations 
• 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 

• 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 
  • 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 
• 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  
  • 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 

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