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State by State Background
Maine

Cannabis Advertising State Regulations

Download the State By State Cannabis Ad Regulations Ebook

Maine State Advertising Regulations

Maine legalized medical marijuana back in 1999, and recently legalizing adult use in 2018 despite the fact that recreational dispensaries were not able to open until 2020.

Listed below are provisions related to digital advertising:

Signs, advertising and marketing used by or on behalf of a licensee may not be placed or otherwise used within 1,000 feet of the property line of a preexisting public or private school, except that, if a municipality by ordinance or other regulation, or, in the case of a town, plantation or township located in the unorganized and reorganized areas, the Maine Land Use Planning Commission, chooses to prohibit the placement or use of signs or advertising by or on behalf of a marijuana establishment at distances greater than or less than 1,000 feet but not less than 500 feet from the property line of a preexisting public or private school, that greater or lesser distance applies.

Other provisions related to digital advertising

A prohibition on unsolicited advertising or marketing on the Internet, including, but not limited to, banner advertisements on mass-market websites.

A prohibition on opt-in advertising or marketing that does not permit an easy and permanent opt-out feature.

Signs, advertising and marketing used by or on behalf of a licensee may not involve advertising or marketing that has a high likelihood of reaching persons under 21 years of age or that is specifically designed to appeal particularly to persons under 21 years of age.

A retail marijuana to a food product if the manufacturer of the food product holds a trademark to the food product’s name, except that a retail marijuana product’s manufacturing facility licensee may use a trademarked food product if the licensee uses the product as a component or as part of a receipt and if the licensee does not state or advertise to the consumer that the final retail product contains a trademarked food product.

Signs, advertising and marketing used by or on behalf of a licensee may not violate any other requirement or restriction on signs, advertising and marketing imposed by the department.

Signs, advertising and marketing used by or on behalf of a licensee may not be misleading, deceptive or false.

A prohibition on advertising or marketing directed toward location-based devices, including, but not limited to, cellular telephones, unless the marketing is a mobile device application installed on the device by the owner of the device who is 21 years of age or older and includes a permanent and easy opt-out feature.

A prohibition on health or physical benefit claims in advertising or marketing, including, but not limited to health or physical benefit claims on the label or packaging of adult use marijuana or an adult use marijuana product.

Discounts / Promotions:

Allowed

Creative Guidelines:

  • Cannot display consumption of cannabis
  • Cannot include the term candy or candies and cannot imitate candy advertising

Synopsis:

Advertising for a cannabis establishment may not:

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

(2) Display consumption of cannabis or cannabis products;

(3) Include claims related to potency (beyond listing of cannabinoid content);

(4) Depict activities or conditions considered risky when under the influence of cannabis, such as operating a motorized vehicle, boat or machinery, being pregnant or breastfeeding;

(5) Contain any content that can reasonably be considered to target or is designed to appeal particularly to individuals under the age of 21, including but not limited to images of persons under 21 years of age, cartoons, toys or similar images and items typically marketed towards persons under 21 years of age or references to products that are commonly associated with persons under 21 years of age or marketed by persons under 21 years of age;

(6) Contain any imitation of candy advertising;

(7) Include the term "candy" or "candies";

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

(9) Assert that cannabis or cannabis products are safe because they are regulated by the Department or have been tested by a testing facility or otherwise make claims that any government agency endorses or supports cannabis;

(10) Make claims that cannabis has curative or therapeutic effects;

(11) Contain any health or physical benefit claims, including but not limited to health or physical benefit claims on labels or packaging; or

(12) Contain material that encourages excessive or rapid consumption.

C. No licensee or agent of a licensee may:

(1) Make any deceptive, false or misleading assertions or statements on any informational material, any sign or any document provided to a consumer;

(2) Distribute handbills in public areas or on publicly owned property;

(3) Utilize television, radio, print media or internet advertising in cases where there is a high likelihood it will reach person under the age of 21. Licensees or an agent of a licensee must take reasonable steps to ensure that any mass marketing or advertising does not reach persons under the age of 21, including, for example, using marketing information from the vendor or employing age verification techniques commonly used in internet advertising to avoid reaching persons under the age of 21;

(4) Utilize vehicle wraps or advertising affixed to any motor vehicle, except that a licensee may sell or give away stickers, including bumper stickers, with a total surface area of less than 36 square inches;

(5) Advertise within a prohibited distance of the property line of an existing public or private school, which shall be:

(a) A distance of 500 feet or more as established by the municipality in which the advertising is located;

(b) A distance of 500 feet or more as established by the Maine Land Use Planning Commission for advertising located in unorganized or deorganized areas; or

(c) A distance of 1,000 feet if no other distance has been set by a municipality or the Maine Land Use Planning Commission.

(6) Engage in advertising via marketing directed towards location-based devices, including but not limited to cellular phones, unless the marketing is a mobile device application installed on the device by the owner of the device who is 21 years of age or older and includes a permanent and easy opt-out feature; or

(7) Permit use of the licensee's trademarks, brands, names, locations or other distinguishing characteristics for third-party use on advertising in a manner that does not comply with this Section or any other statute, rule or regulation.

D. In the event a third-party has used licensee brand, trademarks, brands, names, locations or other distinguishing characteristics in an advertisement that does not comply with this Section or any other statute, rule or regulation, the licensee must immediately notify the Department, issue a cease-and-desist order to the third-party and pursue appropriate legal action.

5.3 - Websites

In addition to complying with the advertisement criteria and prohibitions outlined in Section 5.2, a cannabis establishment advertising on a website must utilize appropriate measures to ensure that individuals visiting the web page are over 21 years of age.

5.4 - Required Statements

A licensee must include the following statements, either in print or audio, on all print, television, radio and internet advertising in font size legible to the viewer or at a volume and speed that is readily understandable by the average listener:

A. "For use only by adults twenty-one years of age and older."

B. The license number of the cannabis establishment.

5.5 - Branding and Logos

A licensee may utilize a brand name or brand names and a logo or logos for the marketing, advertising or other promotion of the licensee's business, cannabis or cannabis products, provided that the use of the brand name or logo in advertising, marketing, signage, non-cannabis items (such as clothing, lighters or stickers), packaging and labeling does not violate the requirements of this rule. Branding and logos appropriate for use on marketing and advertising may not be acceptable for inclusion on packaging and labeling required on all cannabis and cannabis products in accordance with section 9 of this rule.

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.