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State by State Background
Michigan

Cannabis Advertising State Regulations

Download the State By State Cannabis Ad Regulations Ebook

Michigan State Advertising Regulations

Michigan legalized recreational cannabis in 2018 with the official Adult Use Marijuana Establishments Act in 2019 which requires all advertisements to include the following warnings:

  • “For use by registered qualifying patients only. Keep out of reach of children.”
  • “National poison control center 1-800-222-1222.”
  • “It is illegal to drive a motor vehicle while under the influence of marijuana.”

Other provisions related to digital advertising:

A licensee shall not advertise or market a marijuana product to members of the public unless the licensee has reliable evidence that no more than 30 percent of the audience or readership for the television program, radio program, internet web site, or print publication, is reasonably expected to be under 21 years of age. Any marijuana product advertised or marketed under this rule shall include the warnings listed in Rule 49(1)(k).

A licensee shall not engage in advertising that is deceptive, false, or misleading. A licensee shall not make any deceptive, false, or misleading assertions or statements on any marijuana product, any sign, or any document provided.

A marijuana product must be marketed or advertised as “marijuana” for use only by individuals 21 years of age or older.

A marijuana establishment shall comply with all municipal ordinances, state law, and these rules that regulate signs and advertising.

Sponsorships targeted to members under 21 years of age are prohibited.

A marijuana product must not be marketed or advertised to individuals under 21 years of age.

Before a marijuana product is sold or the universal symbol for marijuana product published on the agency’s website.

Discounts / Promotions:

Cannot advertise pricing, promotional offers, or potency

Creative Guidelines:

  • programmatic ads allowed
  • You cannot advertise pricing, promotional offers, or potency.
  • Cannot use marijuana or products on the ads
  • Must not appeal to children
  • REJECT any ad containing the word “dispensary.”
  • Do NOT accept ads that contain any deceptive, false, or misleading statements.
  • Do NOT accept advertising containing any health claims.
  • Do NOT advertise recreational marijuana in your publication unless there is reliable evidence that at least 70% of your audience is reasonably believed to be over the age of 21.
  • Do NOT run advertisements for recreational products targeting individuals under the age of 21.
  • All recreational marijuana ads MUST run with the following required warning statement: “For use by individuals 21 years of age or older only. Keep out of reach of children. It is illegal to drive a motor vehicle while under the influence of marihuana. National Poison Control Center 1-800-222-1222

Synopsis:

Section R. 420.507 - Marketing and advertising restrictions

Rule 7.

(1) A marihuana product may only be advertised or marketed in compliance with all applicable municipal ordinances, state law, and these rules that regulate signs and advertising.

(2) A licensee may not advertise a marihuana product in a way that is deceptive, false, or misleading, or make any deceptive, false, or misleading assertions or statements on any marihuana product, sign, or document provided.

(3) Marihuana product marketing, advertising, packaging, and labeling must not contain any claim related to health or health benefits, unless a qualified health claim has received and complies with a Letter of Enforcement Discretion issued by the United States Food and Drug Administration (FDA), or the health claim has been approved under the significant scientific agreement standard by the FDA.

(4) A marihuana product must not be advertised or marketed to members of the public unless the person advertising the product has reliable evidence that no more than 30% of the audience or readership for the television program, radio program, internet website, or print publication, is reasonably expected to be under the age listed in subrules (7) and (8) of this rule. Any marihuana product advertised or marketed must include the warnings listed in R 420.504(1)(k).

(5) A person receiving reasonable payment under a licensing agreement or contract approved by the agency concerning the licensing of intellectual property, including, but not limited to, brands and recipes, is responsible for any marketing or advertising undertaken by either party to the agreement.

(6) A marihuana product marketed or advertised under the MMFLA (Medical Marihuana Facilities Licensing Act must be marketed or advertised as "medical marihuana" for use only by registered qualifying patients or registered primary caregivers

(7) A marihuana product marketed or advertised under the MMFLA must not be marketed or advertised to minors aged 17 years or younger. Sponsorships targeting individuals aged 17 years or younger are prohibited.

(8) A marihuana product marketed or advertised under the MRTMA (Michigan Regulation and Taxation of Marijuana Act) must be marketed or advertised as "marihuana" for use only by individuals 21 years of age or older.

(9) A marihuana product marketed or advertised under the MRTMA must not be marketed or advertised to individuals under 21 years of age. Sponsorships targeting individuals under 21 years of age are prohibited.

Mich. Admin. Code R. 420.507

You cannot advertise pricing, promotional offers, or potency.

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.