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State by State Background
Mississippi

Cannabis Advertising State Regulations

Download the State By State Cannabis Ad Regulations Ebook

Mississippi State Advertising Regulations

The Mississippi Medical Cannabis Program outlines specific definitions and regulations regarding advertising, branding, and educational activities for licensed medical cannabis establishments. Advertising is defined as any promotional activity aimed at encouraging the purchase of medical cannabis, excluding product labeling. Branding involves creating a distinct identity for a cannabis business using names, logos, and symbols. The program provides a clear understanding of what constitutes cannabis and cannabis products, as well as the scope of marketing activities available to licensed establishments.

Strict prohibitions are in place to ensure that advertising does not target minors or mislead consumers. Cannabis businesses are banned from using broadcast and electronic media, including radio, TV, social media, and public displays for their promotions. Additionally, advertisements must not depict the consumption of cannabis, promote overuse, make unverified health or safety claims, or include imagery that could appeal to children, such as cartoons or animals. These regulations are designed to maintain public safety and ensure marketing practices align with the state's legal framework.

Branding and educational activities are permitted but with clear restrictions to prevent targeting vulnerable populations. Businesses can establish online and social media presence, participate in sponsorships, and provide educational materials about the risks and benefits of cannabis use. However, branding must not promote non-medical use or target minors. Any inducements like discounts or promotions must comply with tracking and usage regulations, ensuring that all practices remain within the bounds of Mississippi's medical cannabis laws.

Discounts / Promotions:

Allowed

Creative Guidelines:

  • Educational Focus: Create content that educates patients on the safe use of medical cannabis, without including images of cannabis leaf or bud.
  • Professional Branding: Use clear, professional branding, avoiding elements that appeal to minors.
  • Patient-Centric Marketing: Design marketing strategies that focus on patient needs, using compliant testimonials.
  • Discreet Advertising: Keep ads out of public view and avoid window displays.
  • Transparent Promotions: Clearly outline discounts and promotions, ensuring compliance with usage limits.

Synopsis:

Rule 15-22-3-1.2.2

No Medical Cannabis Establishment shall engage in advertising that contains any statement or illustration that:

1. Depicts the actual consumption of cannabis or cannabis products;

2. Promotes the overconsumption of cannabis or cannabis products;

3. Makes any health, medicinal, or therapeutic claims about cannabis or cannabis products;

4. Makes safety claims of any type;

5. Includes the image of a cannabis leaf or bud; or

6. Includes any image designed or likely to appeal to minors, including cartoons, toys, animals, or children or any other likeness, images, characters, or phrases that are designed in any manner to be appealing to children and/or youth.

Rule 3.4.1 Licensed Entities are prohibited from using inducements to persuade or influence the use of medical marijuana.

Examples of inducements include, but are not limited to:

a. The use of discount cards;

b. The use of coupons;

c. The use of “punch cards” to offer discounts/free products;

d. Promotion of sales/discounts on medical marijuana of any type;

e. The use of “buy one, get one” discount approaches;

f. The use of any type of “daily deal”, “weekly deal”, “monthly deal”, etc.;

g. Product give-aways of any type; and, h. Product sampling of any type.

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.