Connecticut State Advertising Regulations
Since 2012, Connecticut medical marijuana program has expanded each year. Connecticut’s cannabis advertising regulations are outlined in Chapter 420f, Section 21a-408-68, 21a-408-69 and 21a-408-70 of the Connecticut General Statutes. Connecticut’s advertising regulations require all advertisements to be submitted to the Commissioner of Consumer Protection at the time or prior to the dissemination of the advertisement.
Any statement regarding the safety or efficacy of marijuana must be supported by substantial evidence or clinical data.
Advertisements must not depict individuals under 18, suggest their presence, or use symbols, figures, or language typically associated with minors, except when addressing medical marijuana products for minor patients.
No offers, prizes, awards, or inducements related to the purchase of marijuana or certification for its use may be provided to qualifying patients, primary caregivers, physicians, or APRNs, except for non-product-specific price discounts, which are permitted.
A producer shall not advertise the price of its marijuana, except that it may make a price list available to a dispensary facility.
An advertisement does not satisfy the requirement that it present a “true statement” of information relating to side effects, consequences, contraindications, and effectiveness if it fails to present a fair balance between information relating to side effects, consequences, contraindications and effectiveness in that the information relating to effectiveness is presented in greater scope, depth, or detail than is the information relating to side effects, consequences and contraindications, taking into account all implementing factors such as typography, layout, contrast, headlines, paragraphing, white space, and any other techniques apt to achieve emphasis.
A dispensary facility shall not advertise marijuana brand names or utilize graphics related to marijuana or paraphernalia on the exterior of the dispensary facility or the building in which the dispensary facility is located.
Other provisions related to digital advertising
An advertisement is false, lacking in fair balance, or otherwise misleading if it contains a representation or suggestion that a marijuana strain, brand or product is better, more effective, useful in a broader range of conditions or patients or safer than other drugs or treatments including other marijuana strains or products, unless such a claim has been demonstrated by substantial evidence or substantial clinical experience.
An advertisement for marijuana or any material product shall not encourage or represent the use of marijuana for a condition other than a debilitating medical condition.
An advertisement for marijuana or any material product shall not contain any statement that is false or misleading.
No advertisement may be disseminated if the submitter of the advertisement has received information that has not been widely publicized in medical literature that the use of the marijuana product or strain may cause fatalities or serious damage to a patient.
An advertisement is false, lacking in fair balance, or otherwise misleading if it uses a quote or paraphrase out of context or without citing conflicting information from the same source, to convey a false or misleading idea.
A producer, production facility employee, producer backer; dispensary facility employee, dispensary facility backer, a physician; or an APRN, in any combination, shall not cooperate, directly or indirectly, in an advertising if such advertising has the purpose or effect of steering or influencing patient or caregiver choice with regard to the selection of a physician, or APRN, dispensary or marijuana product. A producer, dispensary facility, physician or APRN make advertisements of another party available to patients or primary caregivers so long as such producer, dispensary facility, physician or APRN does so on the same terms for all such other businesses in the same category.
Any statement that indicates or implies that the product or entity in the advertisement has been approved or endorsed by the commissioner, department, the state of Connecticut or any person or entity associated with the state of Connecticut.
An advertisement for marijuana or any material product shall not encourage or represent the use of marijuana for a condition other than a debilitating medical condition.
An advertisement is false, lacking in fair balance, or otherwise misleading if it fails to provide adequate emphasis for the fact that two or more facing pages are part of the same advertisement when only one page contains information relating to side effects, consequences and contraindications.
Any statement, design, representation, picture or illustration related to the safety or efficacy of marijuana, unless supported by substantial evidence or substantial clinical data.
All advertisements for marijuana or marijuana products that make a statement relating to side effects, consequences, contraindications and effectiveness shall present a true statement of such information.
When applicable, advertisements broadcast through media such as radio, television, or other electronic media shall include such information in the audio or audio and visual parts of the presentation.
Any statement, design, representation, picture or illustration portraying anyone under the age of 18, objects suggestive of the presence of anyone under the age of 18, or containing the use of a figure, symbol or language that is customarily associated with anyone under the age of 18, except that an advertisement may address medical marijuana products as they relate to minor patients.
An advertisement is false, lacking in fair balance, or otherwise misleading if it uses data favorable to a marijuana product derived from patients treated with a different product or dosages different from those approved in the state of Connecticut.
An advertisement for marijuana or any material product shall not contain any statement, design, or representation, picture or illustration that is obscene or indecent.
An advertisement is false, lacking in fair balance, or otherwise misleading if it contains favorable information or opinions about a marijuana product previously regarded as valid but which have been rendered invalid by contrary and more credible recent information.
An advertisement for marijuana or any material product shall not encourage or represent the recreational use of marijuana.
False or misleading information in any part of the advertisement shall not be corrected by the inclusion of a true statement in another distinct part of the advertisement.
An advertisement for marijuana or any material product shall not contain falsely disparages a competitor’s product.
An advertisement for marijuana or any material product shall not encourage or represent the recreational use of marijuana.
An advertisement is false, lacking in fair balance, or otherwise misleading if it contains favorable information or conclusions from a study that is inadequate in design, scope, or conduct to furnish significant support for such information or conclusions.
Any advertisement for marijuana or a marijuana product shall be submitted to the commissioner, on a form or in a format prescribed by the commissioner, at the same time as, or prior to, the dissemination of the advertisement.