Maryland Cannabis Advertising Laws

Maryland State Advertising Regulations

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Maryland's cannabis advertising laws are stringent and focus on ensuring responsible marketing practices. Websites managed by cannabis-related entities, such as dispensaries and processors, must use age verification mechanisms to confirm users are at least 18 years old. Advertisements cannot include images or designs that encourage recreational use, depict the use of cannabis, or make false or misleading claims. They must avoid any representation that promotes the consumption, smoking, or vaping of cannabis, and cannot be aimed at minors or use appealing visuals like cartoons.

Additionally, advertisements for medical cannabis must clearly state that the product is intended for qualifying patients only. These ads must be placed at least 500 feet from locations such as schools, childcare facilities, and parks. If making any therapeutic or medical claims, advertisements must be supported by substantial clinical evidence and disclose significant side effects or risks. Overall, Maryland's regulations emphasize truthful, age-appropriate, and responsible advertising, prohibiting any content that could mislead, appeal to minors, or promote cannabis as an intoxicant.

Discounts / Promotions:

Allowed

Creative Guidelines:

Neutral Design: Avoid images or designs that promote recreational use or depict cannabis consumption. Focus on educational content.

Avoid Misleading Claims: Ensure all statements are accurate and not misleading. Do not make unsubstantiated health or therapeutic claims.

Minors: Exclude imagery or elements that appeal to minors, such as cartoons or mascots.

Clear Medical Use: Clearly state that medical cannabis is for qualifying patients only and include relevant risk information when making therapeutic claims.

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Synopsis:

An advertisement for cannabis and cannabis products or cannabis–related services that makes therapeutic or medical claims shall:

(1) Be supported by competent and reliable scientific evidence; and

(2) Include information on the most serious and most common side effects or risks associated with the use of cannabis.

(2) An advertisement for a cannabis licensee, cannabis product, or cannabis–related service may not:

(i) violate Title 13, Subtitle 3 of the Commercial Law Article;

(ii) directly or indirectly target individuals under the age of 21 years;

(iii) contain a design, an illustration, a picture, or a representation that:

1. targets or is attractive to minors, including a cartoon character, a mascot, or any other depiction that is commonly used to market products to minors;

2. displays the use of cannabis, including the consumption, smoking, or vaping of cannabis;

3. encourages or promotes cannabis for use as an intoxicant; or

4. is obscene;

(iv) engage in advertising by means of television, radio, Internet, mobile application, social media, or other electronic communication, or print publication, unless at least 85% of the audience is reasonably expected to be at least 21 years old as determined by reliable and current audience composition data; or

(v) engage in advertising by means of placing an advertisement on the side of a building or another publicly visible location of any form, including a sign, a poster, a placard, a device, a graphic display, an outdoor billboard, or a freestanding signboard.

(b) (1) (i) Subject to subparagraph (ii) of this paragraph, each cannabis–related website shall employ a neutral age–screening mechanism that verifies that the user is at least 21 years old, including by using an age–gate, age–screen, or age verification mechanism before the user may access or view any content and before the website may collect the user’s address, email address, phone number, or contact information to disseminate advertisements.

(ii) If a website is appropriate for a qualifying patient who is under the age of 21 years, the website shall provide an alternative screening mechanism for the qualifying patient.

(2) An advertisement placed on social media or a mobile application shall include a notification that an individual must be at least 21 years old to view the content.

(3) The provisions of this subtitle applicable to cannabis licensees may not be avoided by hiring or contracting with a third party or outsourcing advertisements that do not comply with this subtitle.

(4) A cannabis licensee may not allow the use of the licensee’s trademarks, brands, names, locations, or other distinguishing characteristics for third–party use for advertisements that do not comply with this subtitle.

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Disclaimer

Please note that we are not legal professionals, and the information provided in this article should not be interpreted as legal advice. We strongly recommend consulting with legal counsel to ensure compliance with all applicable laws and regulations.

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