Cannabis Advertising State Regulations

Allowed

Manufacturers must dial down the coloring on their packaging — a lot. “Limited colors, including a primary color as well as up to two logos or symbols of a different color or colors, whether images or text, including brand, licensee or company logos” must be used, and the word “Marijuana” must be printed in the largest font on the packaging.

May not utilize images or visual representations of marijuana plants, products, or paraphernalia, including representations that indicate the presence of these items, such as smoke.

Should not be appealing to children

(B) No advertisement of marijuana may contain:

1. Any representation that is false or misleading in any way;

2. Any statement representing that the use of marijuana has curative or therapeutic effects or tending to create an impression that it has curative or therapeutic effects unless such statement has been evaluated and approved by the Food and Drug Administration;

3. Any content that is attractive to children, including but not limited to the shape or any part of the shape of an animal or fruit, including realistic, artistic, caricature, or cartoon renderings, and artistic, caricature, or cartoon renderings of the shape or any part of the shape of a human; or

4. Any statement concerning a brand of marijuana that is inconsistent with any statement on the labeling;

(C) Outdoor signage and, if visible from a public right of way, interior signage, must comply with any local ordinances for signs or advertising; and

(D) No licensee shall use exterior signage or advertising that does not accurately reflect a licensee's legal name, business name or d/b/a, or trade name on record with the department.

Signage and advertising on facility premises must comply with the following:

1. A facility may not display marijuana, marijuana paraphernalia, or advertisements for these items in a way that is visible to the general public from a public right-of-way; and
2. Outdoor signage and, if visible to the public, interior signage, must comply with any local ordinances for signs or advertising and— A. May not display any text other than the facility’s business name or trade name, address, phone number, and website; and B. May not utilize images or visual representations of marijuana plants, products, or paraphernalia, including representations that indicate the presence of these items, such as smoke.

The Department of Health and Senior Services (DHSS) does not allow promotional events as it violates state regulations prohibiting dispensing “medical marijuana as part of a promotional event.”

“The Department views a promotional event as any activity, advertisement, or publicity designed to increase interest in purchasing medical marijuana or a particular product or brand of medical marijuana,”

• “Facilities are not allowed to advertise price discounts on a particular product,” and ads promoting holiday discounts are prohibited.
• Discounts are allowed, but they can’t be advertised.
• Dispensaries aren’t allowed to accept online cannabis orders that are routed through a third-party business.