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Arkansas

Cannabis Advertising State Regulations

Arkansas’s State Advertising Regulations

Arkansas’s medical marijuana program is regulated by the Arkansas Department of Health’s Rules and Regulations Governing Medical Marijuana Registration, Testing, and Labeling.

Arkansas enacted new legislation in 2019 that placed increased regulation on advertising and labeling of medical cannabis products and dispensaries.

Marijuana advertising and marketing must contain the following statements based on medical or adult use:

“Marijuana should not be used by women who are pregnant or breastfeeding.”
“Marijuana use during pregnancy or breastfeeding posses potential harms.”
“Marijuana is not approved by the FDA to treat, cure, or prevent any disease.”
“Do not operate a vehicle or machinery under the influence of marijuana.”

Other provisions related to digital advertising:

Advertisements shall not contain any deceptive, false, or misleading statements.

Advertisements must not display the consumption of marijuana.

Cultivation facilities shall not advertise through any public medium or means designed to market their products to the public.

Advertisements must not contain any content that can be considered to target or appeal to individuals under the age of 21.

Advertisements must include at least one statutory disclaimer.

Advertisements must not promote or encourage intoxication through the use of cannabis products.

Cultivation facilities may market their products directly to dispensaries by any means directed solely to the dispensaries and not available to the public.

Advertisements shall not contain any content that can reasonably be considered to target children, including but considered to target children, including, but not limited to cartoon characters; toys; or similar images and items typically marketed towards children.

Digital advertisements must only be displayed on websites that have reliable evidence that no more than 28.4 percent of the audience is expected to be under the age of 21.

Advertisements must not encourage the transport of cannabis products across state lines.

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Discounts / Promotions:

Allowed

Creative Guidelines:

Avoid Deception & Child Appeal: No false claims or content targeting children (e.g., cartoons, toys).

No Intoxicant Promotion: Don't promote marijuana as an intoxicant or encourage heavy use.

Include Health Warnings: Display warnings like "Not FDA-approved" and "Keep out of children's reach."

Target Adult Audiences: Design ads to reach an audience where at least 70% are 18+.

No Cannabis Consumption in Ads: Avoid showing or encouraging marijuana use.

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Synopsis:

Advertising for medical marijuana by dispensaries shall not:

Contain statements that are deceptive, false, or misleading;
Contain any content that can reasonably be considered to target children, including, but not limited to:
- Cartoon characters;
- Toys; or
- Similar images and items typically marketed towards children.
Encourage the transportation of medical marijuana across state lines;
Display consumption of marijuana;
Contain material that encourages or promotes marijuana for use as an intoxicant; or
Contain material that encourages excessive or rapid use or consumption.

ii. Advertising and marketing for medical marijuana shall include 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.”;
“Marijuana is not approved by the FDA to treat, cure, or prevent any disease.”; and ABC – 41 4. “Do not operate a vehicle or machinery under the influence of marijuana.”

iii. Dispensaries shall not make any deceptive, false, or misleading assertions or statement on any information material, any sign, or any document provided to a consumer.

Advertising Audience Restrictions

A dispensary shall not utilize television, radio, print media, or the internet to advertise and market medical marijuana, unless the licensee has reliable evidence that no more than 30 percent of the audience for the program, publication, or website in or on which the advertisement is to air or appear is reasonably expected to be under the age of 18.
Upon request by the division, a licensee shall provide the evidence relied upon to make the determination that no more than 30 percent of the audience for the advertisement is expected to be under the age of 18.

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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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