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Delaware

Cannabis Advertising State Regulations

Delaware State Advertising Regulations

Delaware medical marijuana advertising regulations can be found in the Delaware’s Medical Marijuana Act in Title 16, Chapter 4919A of the Delaware Code.

Listed to the right are provisions related to digital advertising:

No person may advertise medical marijuana sales in print, broadcast, or by paid in-person solicitation of customers. This shall not prevent appropriate signs on the property of the registered compassion center, listings in business directories including phone books, listings in trade or medical publications, or the sponsorship of health or not-for-profit charity or advocacy events.

A physician shall not refer patients to a registered compassion center or registered designated caregiver, advertise in a registered compassion center, or, if the physician issues written certifications, hold any financial interest in a registered compassion center.

Discounts / Promotions:

Allowed

Creative Guidelines:

Avoid Targeting Minors: Use adult-focused imagery and language, avoiding cartoons or playful designs.

No False Claims: Ensure all claims about benefits and safety are backed by credible evidence.

Balanced Information: Present side effects and benefits fairly, with evidence supporting health claims.

Accurate Representation: Avoid deceptive visuals or descriptions, accurately representing the product.

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Synopsis:

(a) General Prohibitions:

No advertising in print, broadcast, or paid in-person solicitations. Signs only.
Physicians cannot refer patients, advertise in compassion centers, or hold financial interests in these centers.

(b) Content Restrictions:

Ads must not portray individuals under 18 or use imagery appealing to minors.
No prizes, awards, or inducements related to marijuana purchases or certifications are allowed, except for non-product specific price discounts.

Producers cannot advertise specific prices; only price lists may be available to dispensaries.
Advertisements must present a balanced view of side effects and effectiveness, avoiding misleading information.

(d) Advertising and Exterior Signage:

Dispensaries cannot advertise brand names or use related graphics on exterior signs.
Ads must not claim superiority or safety without substantial evidence.

(e) Misleading Information and Endorsements:

Ads must not contain false or misleading statements, or suggest endorsements by state entities.
No misleading quotes or out-of-context information allowed.

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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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