Notice Regarding Advertising or Promoting Commercial Cannabis by Non-Licensees
Any non-licensee advertising or promoting commercial cannabis on behalf of a licensee must comply with the statutes and regulations governing such activity. Failure to do so may result in significant penalties. In addition to satisfying all applicable legal requirements, any advertising or promoting of commercial cannabis must:
- Identify the licensee responsible for the advertising content, including the responsible licensee’s state license number. This requirement applies to any advertising displayed by a technology platform on an internet web page or by an outdoor advertising company subject to the OutdoorAdvertising Act.
- Not be published or disseminated to a disproportionately underage audience. As a consequence, an advertisement or promotion must not be displayed without first obtaining reliable, up-to-date audience composition data demonstrating that at least 71.6 percent of the audience viewing the advertising or marketing is reasonably expected to be 21 years of age or older.
- Be truthful and appropriately substantiated.
- Failure to comply with these and other legal requirements may result in the issuance of a citation. Each day of non-compliant advertising is considered a separate violation subject to separate fines. Violations by unlicensed persons are subject to fines of up to thirty-thousand dollars ($30,000) per day.