Oregon State Advertising Regulations
Commercial licensees shall not engage in, circulate, or otherwise cause the dissemination of advertising that contains any materials prohibited under Oklahoma law and these rules.
Advertising for medical marijuana and medical marijuana products shall not contain any statements, illustrations, or other material that:
(1) Is deceptive, false, or misleading;
(2) Promotes overconsumption;
(3) Represents that the use of marijuana has curative or therapeutic effects;
(4) Depicts a child or other person under legal age to consume marijuana;
(5) Depicts objects such as toys, cartoons, cartoon characters, or similar images, which suggest the presence of a child, or any other depiction designed in any manner to be especially appealing to children or other persons under legal age to consume marijuana; Has any manner or design that would be especially appealing to children or other persons under eighteen (18) years of age.
No commercial establishment shall engage in false advertising.
No commercial establishment shall sell or offer to sell medical marijuana products by means of any advertisement or promotion that includes any statement, representation, symbol, depiction, or reference, directly or indirectly, which would reasonably be expected to induce minors to purchase or consume marijuana or medical marijuana products.
Commercial licensees shall not engage in, circulate, or otherwise cause the dissemination of advertising that contains any materials prohibited under Oklahoma law and these rules.
“Advertising” means the act of providing consideration for the publication, dissemination, solicitation, or circulation of visual, oral, or written communication to induce directly or indirectly any person to patronize a particular medical marijuana business or to purchase any particular medical marijuana or medical marijuana products. "Advertising" includes marketing but does not include packaging and labeling.
The State of Oregon’s medical marijuana marketing and advertising regulations require the approval of the commissioner prior to an advertisement of an approval medical marijuana product. Listed below are the provisions related to the mandatory warnings that are required for all print, billboard, television, radio and Internet advertising in the font size legible to the viewer:
- “Do not operate a vehicle or machinery under the influence of this drug.”
- “Keep out of the reach of children."
- "For use only by adults twenty-one years of age and older.”
Other provisions related to digital advertising:
A licensee may not 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 device's owner who is 21 years of age or older and includes a permanent and easy opt-out feature.
The Commission serves the interests of the citizens of Oregon by regulating and prohibiting advertising marijuana items in a manner:
(a) That is attractive to minors;
(b) That promotes excessive use;
(c) That promotes activity that is illegal under Oregon law; or
(d) That otherwise presents a significant risk to public health and safety.
A licensee may not use the Commission name or logo on any signs at the premises, on the business’ website, or in any advertising or social media, except to the extent that information is contained on the proof of licensure or is contained in part of warnings, signage or other documents required by these rules.
Marijuana advertising may 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 21, including but not limited to images of minors, cartoon characters, 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) Specifically encourages the transportation of marijuana items across state lines; (
d) Assert that marijuana items are safe because they are regulated by the Commission or have been tested by a certified laboratory or otherwise make claims that any government agency endorses or supports marijuana;
(e) Make claims that recreational marijuana has curative or therapeutic effects;
(f) Display consumption of marijuana items;
(g) Contain material that encourages the use of marijuana because of its intoxicating effect; or contain material that encourages excessive or rapid consumption.
A licensee who advertises via web page must utilize appropriate measures to ensure that individuals visiting the web page are over 21 years of age.
A licensee may not utilize television, radio, billboards, print media or internet advertising unless the licensee has reliable evidence that no more than 30 percent of the audience for the program, publication or internet web site in or on which the advertising is to air or appear is reasonably expected to be under the age of 21.
A licensee may not 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.
A licensee who advertises via web page must utilize appropriate measures to ensure that individuals visiting the web page are over 21 years of age.
A licensee must remove any sign, display, or advertisement if the Commission finds it violates these rules.
The Commission will notify the licensee and specify a reasonable time period for the licensee to remove any sign, display or advertisement that the Commission finds objectionable.
The Commission also serves the interests of Oregonians by allowing advertising for the purpose of informing the public of the availability and characteristics of marijuana.
The Commission prohibits advertising through handbills that are posted or passed out in public areas such as parking lots and publicly owned property.
A licensee may not utilize television, radio, billboards, print media or internet advertising unless the licensee has reliable evidence that no more than 30 percent of the audience for the program, publication or internet web site in or on which the advertising is to air or appear is reasonably expected to be under the age of 21.
All marijuana advertising by a licensee must conform to these rules.
A licensee may not make any deceptive, false, or misleading assertions or statements on any informational material, any sign, or any document provided to a consumer.