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State by State Background
Kentucky

Cannabis Advertising State Regulations

Download the State By State Cannabis Ad Regulations Ebook

Kentucky State Advertising Regulations

Kentucky’s cannabis advertising laws are highly restrictive, focusing on limiting the public promotion of medicinal cannabis businesses. Cannabis businesses are prohibited from advertising sales of medicinal cannabis through traditional channels such as print, broadcast, or online media, as well as through paid in-person solicitation. However, they can display signs on their property, list their business in directories and trade publications, sponsor health or charity events, and maintain an informational website and social media presence. These online platforms must strictly adhere to guidelines that prevent misleading statements, targeting of minors, and encouragement of illegal activities.

Additionally, Kentucky law forbids cultivators, processors, and producers from displaying any signage, logos, or products on the exterior of their facilities that might indicate the presence of cannabis operations. The state also requires that any online content maintained by cannabis businesses, such as websites and social media accounts, must be accessible to regulatory authorities and continually updated. Strict measures are in place to ensure that these platforms do not target individuals under 18 or display the consumption of medicinal cannabis in a non-educational manner. The law mandates prominent warnings about keeping medicinal cannabis out of reach of children and stipulates that only those over 18 may access the content.

In the event of non-compliance, Kentucky’s regulations empower the cabinet to demand the removal of any advertising materials deemed objectionable or non-conforming, with cannabis businesses required to act promptly upon receiving written notice of violations. While the regulations allow for the promotion of services and products within the cannabis industry, all communications must remain within the legal framework, emphasizing safety, accuracy, and age-appropriate content.

Discounts / Promotions:

Allowed

Creative Guidelines:

Synopsis:

Section 1. Advertising by Cannabis Businesses.

(1) Cannabis businesses shall not advertise medicinal cannabis sales in print, broadcast, online, by paid in-person solicitation of customers, or by any other advertising device, except that cannabis businesses may:

(a) Place appropriate signs on their property identifying their business;

(b) Place listings in business directories;

(c) Place listings in trade or medical publications;

(d) Sponsor health or not-for-profit charity or advocacy events; and

(e) Maintain an informational Web site and social media presence as provided in Section 2 of this administrative regulation.

(2) Cultivators, processors, and producers shall not display any signage, logos, products, or other identifying characteristics on the outside of their respective facilities to alert the public that medicinal cannabis is grown, processed, produced, or stored at the facility.

(3) A cannabis business shall not make any deceptive, false, or misleading assertions or statements on any advertising, advertising device, sign, listing, or informational material.

Section 2. Informational Web site and Social Media Presence.

(1) A cannabis business may maintain an informational Web site and social media presence that provides:

(a) A description of their business and services;

(b) A listing of medicinal cannabis or medicinal cannabis products cultivated, processed, produced, or sold by the cannabis business as well as listing the respective product prices and inducements allowed pursuant to 915 KAR 1:070, Section 5(5);

(c) Educational materials and product information; and

(d) Certificates of analysis provided by safety compliance facilities for its respective harvest batches and production batches.

(2) The Web site and social media presence may also provide contact information for the cannabis business and a listing of the dispensaries where its medicinal cannabis or medicinal cannabis products are sold, if applicable.

(3) A cannabis business shall provide the cabinet with a list of all informational Web site and social media accounts maintained by the cannabis business, including links to the respective webpages, and shall not block or prohibit the cabinet from accessing those informational Web site and any social media postings. A cannabis business shall continually update the list required under this provision and notify the cabinet of any changes within two (2) business days of the activation or deactivation of any informational Web site or social media account.

(4) An informational Web site or social media presence for a cannabis business shall not:

(a) Contain statements that are deceptive, false, or misleading;

(b) Contain any content that can reasonably be considered to target individuals under the age of eighteen (18), including images of minors, cartoons, toys, or similar images and items typically marketed towards minors, or references to products that are commonly associated with minors or marketed by minors;

(c) Encourage the transportation of medicinal cannabis products across state lines or otherwise encourage illegal activity; and

(d) Display consumption of medicinal cannabis in a manner that does not provide an educational benefit.

(5) An informational Web site or social media presence for a cannabis business shall conspicuously display the following statements:

(a) "Medicinal cannabis is for use by cardholders only"; and

(b) "Keep out of reach of children."

(6) A cannabis business that maintains an informational Web site or social media presence shall utilize appropriate measures to ensure that individuals attempting to access the allowable content are eighteen (18) years of age or older.

Section 3. Removal of Objectionable and Non-conforming Advertising.

(1) A cannabis business shall remove any advertising, advertising device, sign, listing, sponsorship, or online material that the cabinet determines to be in violation of this administrative regulation.

(2) The cabinet shall provide written notice to a cannabis business of any violation of this administrative regulation and specify a reasonable time period for the cannabis business to remove any advertising, advertising device, sign, listing, sponsorship, or online material that the cabinet finds objectionable.

Section 4. Advertising to Other Cannabis Businesses.

(1) Cultivators, processors, producers, or dispensaries may directly promote their business, services, medicinal cannabis, medicinal cannabis products, medicinal cannabis accessories, educational materials, and product information to other cultivators, processors, producers, or dispensaries.

(2) A safety compliance facility shall only promote its medicinal cannabis testing services and other activities allowed by KRS 218B.125 to other cannabis businesses.

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.