What Are The Specific Rules And Restrictions For Advertising And Marketing Marijuana Products in Hawaii?Advertising and marketing marijuana products in Hawaii is prohibited. This includes any form of digital marketing, television, radio, and print advertising. Additionally, billboards, product placements, sponsorships or endorsements are not allowed. All marijuana products must be consumed in a private home, so cannabis retailers are prohibited from providing sample products. Sales to minors are also prohibited. Marijuana products must also not be advertised or marketed in any way that associates it with the use of other drugs, alcohol, or tobacco products. Furthermore, no advertising should associate marijuana with violence or any kind of criminal activity. Lastly, no advertising or marketing should in any way imply that marijuana is safe for use by minors.
Are There Limitations On Where Marijuana Advertisements Can Be Displayed, Such As Near Schools Or Parks in Hawaii?Yes, there are limitations on where marijuana advertisements can be displayed in Hawaii. Marijuana advertisements must not be displayed within 1,000 feet of a school, playground, or any other area where children congregate. Additionally, advertisements cannot be visible from a public right-of-way or be placed in a manner that would attract minors.
How Do State Regulations Address Advertising To Minors Or Individuals Under The Legal Age For Marijuana Consumption in Hawaii?In Hawaii, advertising of marijuana and marijuana products to minors or individuals under the legal age for marijuana consumption is strictly prohibited. Advertising is regulated by the Hawaii Department of Health and must adhere to the following guidelines:
1. Advertising must not be designed to appeal primarily to minors.
2. Advertising must not target minors or promote excessive consumption.
3. Advertising must not include any statements or other information that is deceptive, false, or misleading.
4. Advertising must not contain messages that encourage irresponsible or illegal use of marijuana or marijuana products.
5. Advertising must not contain images, language, music, gestures, characters, or slogans that are known to appeal primarily to minors.
6. Advertising must not feature individuals under 21 years of age in any manner, including endorsements or testimonials.
7. Advertising must not display any contact information for minors, such as mailing lists, email addresses, or telephone numbers.
8. Marijuana-related advertising must not be placed in media where more than 30 percent of the audience is reasonably expected to be under the legal age for marijuana consumption.
9. Marijuana-related advertising must not be placed in media with substantial audiences of individuals under 21 years of age unless such advertising is placed only in media where it can be clearly shown that no more than 15 percent of the audience is under 21 years of age.
What Are The Guidelines For Advertising Via Television, Radio, Print Media, And Online Platforms in Hawaii?Television, Radio, Print Media, and Online Platforms Advertising Guidelines in Hawaii
1. Television and Radio:
-All advertisements must adhere to the Hawaii Revised Statutes § 481-2, which prohibits any form of false or deceptive advertising.
-All ads must be truthful and accurately describe the goods or services being advertised.
-Advertisements must include a disclosure of all material facts about the product or service being advertised.
-Advertisements may not make false or unsubstantiated claims or misrepresent the product or service being advertised.
2. Print Media:
-Advertisers must not use false, misleading, or deceptive statements or imagery in print media ads.
-All advertisements must be clear and conspicuous and must contain the correct name and address of the advertiser.
-Advertisements must include a disclosure of all material facts about the product or service being advertised.
3. Online Platforms:
-Advertisers must comply with the Hawaii Revised Statutes, Chapter 489, which addresses deceptive trade practices.
-Advertisements must be clear and conspicuous and must include the name and address of the advertiser.
-Advertisements must be truthful and accurately describe the goods or services being advertised, and may not make false or unsubstantiated claims.
-Advertisers must make sure that all claims are verifiable and supported by empirical data or research.
Are There Restrictions On Using Billboards Or Outdoor Advertising For Marijuana Products in Hawaii?Yes, there are restrictions on using billboards or outdoor advertising for marijuana products in Hawaii. Specifically, the Department of Health has issued rules that prohibit any advertisement or promotion that would appeal to minors; advertise to anyone outside state borders; contain reckless or false statements; depict the use of marijuana; or contain language intended to encourage overconsumption or excessive use of marijuana products. Additionally, any visual ads are limited in size, must not be visible from a public highway, and must have a sign notifying passerby that the advertiser is a licensed medical cannabis dispensary.
Do State Regulations Prohibit False Or Misleading Advertising Claims For Marijuana Products in Hawaii?Yes, Hawaii’s medical marijuana dispensary laws prohibit false or misleading advertising claims. As of July 2019, the Department of Health requires licensed medical marijuana dispensaries to comply with the following advertising regulations:
1. All advertising must be truthful, non-misleading, and accurately reflect the characteristics of the medical marijuana products being advertised.
2. Advertising must not target persons under 21 years of age.
3. Advertising must not contain any statements that are false or misleading, including statements regarding the efficacy or safety of the product.
4. Advertising must not contain any information that could be interpreted as encouraging excessive consumption.
5. Advertising must not contain any information that could be interpreted as encouraging irresponsible driving or other activities that may be hazardous to health or safety.
How Are Social Media And Digital Advertising Platforms Regulated For Marijuana Products in Hawaii?Hawaii does not allow any type of advertising for marijuana products, regardless of whether it’s digital or social media. This is due to the state’s strict regulations on the advertising of marijuana products and cannabis advertising. Additionally, any advertisement that might be considered to be promoting cannabis must be approved by the state’s Department of Health prior to any advertisement being displayed on social media, digital or radio platforms.
Are There Rules Governing The Use Of Endorsements Or Testimonials In Marijuana Advertisements in Hawaii?Yes, there are rules governing the use of endorsements or testimonials in marijuana advertisements in Hawaii. According to the Hawaii Administrative Rules, Chapter 8-122-12, endorsements or testimonials must comply with all applicable laws and regulations and be truthful, not misleading, and not deceptive. Additionally, any endorsements or testimonials must provide full disclosure of any material connection between the endorser and the advertiser. Finally, any endorsements or testimonials must not be used to encourage minors to use marijuana or to promote drug use generally.
Do State Regulations Require Health And Safety Warnings In Marijuana Advertisements in Hawaii?No. The Hawaii Department of Health does not require health and safety warnings in marijuana advertisements. However, they do regulate the advertising of marijuana-related products and services to ensure that ads do not target minors or encourage irresponsible use.
Is It Allowed To Use Cartoons, Mascots, Or Imagery That May Appeal To Children In Marijuana Ads in Hawaii?No. It is illegal to advertise marijuana in Hawaii, regardless of the imagery used. Advertising marijuana, or any other controlled substance, is a violation of both federal and state laws. Therefore, advertising marijuana with cartoons, mascots, or imagery that may appeal to children is prohibited.
How Do Marijuana Advertising Regulations Apply To Packaging And Labeling in Hawaii?In Hawaii, recreational marijuana advertising is strictly prohibited. This includes on television, radio, or any other type of public advertising. Additionally, all marijuana packaging and labeling must comply with the Hawaii Department of Health (DOH) rules and regulations. These rules include product packaging and labeling design requirements, health warnings, product-specific information, and other requirements. Additionally, all marijuana products must be clearly labeled with information about the product’s cannabinoid content. Finally, all marijuana products must comply with all applicable federal labeling requirements. For example, all products must include warnings about the potential health risks associated with using marijuana.
Are There Restrictions On Giveaways, Promotions, Or Contests Related To Marijuana Products in Hawaii?Yes, giveaways, promotions, and contests related to marijuana products in Hawaii are subject to restrictions. For example, the Hawaii Department of Health Rules for Dispensaries prohibits the giving away of any cannabis product, or discounts or other inducements to encourage the purchase of cannabis products. Additionally, any promotions or contests involving cannabis products must comply with all applicable laws and regulations.
What Penalties Or Consequences Can Businesses Face For Non-Compliance With Advertising Regulations in Hawaii?1. Fines: Businesses that violate Hawaii’s advertising regulations may be subject to fines of up to $10,000 per violation from the Hawaii State Department of Commerce & Consumer Affairs (DCCA).
2. Suspension of Licenses: Businesses may also have their license suspended if they are found to be in violation of Hawaii’s advertising regulations.
3. Cease and Desist Orders: The DCCA may issue cease and desist orders to businesses that violate Hawaii’s advertising regulations, requiring them to immediately stop all questionable advertising practices.
4. Other Enforcement Measures: The DCCA may take other enforcement measures, including issuing formal warnings, fining businesses, or mandating corrective action plans.
Do State Regulations Distinguish Between Medical And Recreational Marijuana Advertising in Hawaii?Yes, state regulations in Hawaii distinguish between medical and recreational marijuana advertising. Medical marijuana advertising is allowed, while recreational marijuana advertising is not. For example, advertising of medical marijuana is allowed on television, radio, print publications, and internet websites that are limited to adults 21 years of age or older. However, recreational marijuana advertising is prohibited in all media outlets.
How Do Advertising Regulations Apply To Out-Of-State Or National Cannabis Brands in Hawaii?Advertising regulations for cannabis in Hawaii are similar to those of other states. Cannabis businesses are prohibited from making false, misleading or deceptive claims in their advertising and marketing materials. Furthermore, cannabis advertising must not target anyone under the age of 21 or encourage the use of cannabis by minors. All advertising materials must include a warning about the potential risks associated with cannabis use. Additionally, cannabis advertising in Hawaii is prohibited from featuring images of minors, celebrities, or cartoon characters. Out-of-state or national cannabis brands must also comply with any local ordinances or laws that may apply to their advertising in Hawaii.
Are There Restrictions On The Use Of Terms Like Medical, Therapeutic, Or Natural In Marijuana Advertisements in Hawaii?Yes, there are restrictions on the use of terms like medical, therapeutic, or natural when advertising marijuana in Hawaii. According to the state’s Department of Health, marijuana advertisements may not include words or phrases that suggest the drug has medicinal or therapeutic value. This includes phrases such as “natural remedy,” “medicinal effects,” “therapeutic benefits,” and “cures disease.” Ads may also not include pictures of medical professionals or health care symbols, and the Department of Health reserves the right to review and reject any ads deemed inappropriate.
What Resources Are Available To Help Businesses Understand And Comply With Marijuana Advertising Regulations in Hawaii?1. Hawaii Department of Health: This is a great resource for businesses interested in understanding and complying with marijuana advertising regulations in Hawaii. The department provides an overview of laws, regulations, and guidelines related to marijuana advertising that are administered by the Medical Cannabis Dispensary Program.
2. Hawaii Medical Marijuana Dispensary Program: This program provides information specific to medical marijuana dispensaries regarding advertising requirements and restrictions for the state of Hawaii.
3. Attorney General’s Office: The Hawaii Attorney General’s office has published guidelines outlining the advertising restrictions applicable to marijuana businesses in the state. This document is a great resource for businesses looking to understand and comply with advertising regulations in Hawaii.
4. Hawaii State Legislature Website: The Hawaii State Legislature website provides information on all laws related to marijuana advertising in the state, including the statutes governing the medical cannabis dispensary program.
5. National Cannabis Industry Association (NCIA): The NCIA provides resources and education for cannabis businesses, including information on advertising regulations in Hawaii and other states.