What Are The Specific Rules And Restrictions For Advertising And Marketing Marijuana Products in Maryland?The Maryland Medical Cannabis Commission has put in place specific rules for advertising and marketing marijuana products. According to these rules, advertisements are not allowed on television, radio, or in print media. Additionally, no advertising is allowed that shows or suggests the use of marijuana products by minors. Advertising also cannot contain any information that can be false or misleading, and must include a disclaimer that states that the product has not been evaluated by the Maryland Department of Health. Furthermore, advertising must not contain any endorsements by celebrities or professional athletes.
In addition to these rules, the Commission also places restrictions on how marijuana products can be marketed. For instance, businesses are not allowed to engage in promotional activities such as giveaways, discounts, or any other type of incentive program. Additionally, dispensaries cannot advertise their prices or sales promotions. Finally, businesses must follow all local and state laws when it comes to advertising marijuana products.
Are There Limitations On Where Marijuana Advertisements Can Be Displayed, Such As Near Schools Or Parks in Maryland?Yes, marijuana advertisements cannot be placed within 500 feet of schools, playgrounds, public parks, public housing or churches in Maryland. Additionally, advertisements cannot be placed on television or radio in Maryland or any other form of mass media. Any advertising must be posted in an area only accessible to persons 21 years of age or older.
How Do State Regulations Address Advertising To Minors Or Individuals Under The Legal Age For Marijuana Consumption in Maryland?In Maryland, marijuana advertising is restricted by the state’s Medical Cannabis Commission. Advertising is not allowed to target individuals under the legal age for marijuana consumption.
Additionally, the Maryland Medical Cannabis Commission has strict rules concerning advertising in general. All ads must be truthful, not misleading, and accurately reflect the products being advertised. Ads must also include a warning label that states that marijuana use by minors is illegal and can be dangerous to their health, as well as prominently displaying the URL for the Commission’s website (mmcc.maryland.gov). Ads must not appeal to minors, and they must not depict minors using or implying that they use marijuana or its products. Lastly, ads must not create the impression that marijuana use is socially acceptable, safe, or in any way encourages its use.
What Are The Guidelines For Advertising Via Television, Radio, Print Media, And Online Platforms in Maryland?Television, radio, and print media advertising in Maryland must comply with the Maryland Advertising Act and the applicable federal laws. The Maryland Advertising Act sets out certain restrictions on the content and placement of advertisements, as well as other requirements.
For example, the Act prohibits false or misleading advertising, or advertising that may be considered offensive. It also requires that all advertisements must include a disclosure of the source of the advertisement, as well as whether the advertiser is a political candidate or party.
Online platforms must comply with the CAN-SPAM Act of 2003, which requires that all commercial email messages must contain valid contact information, a clear subject line, and an opt-out option. Additionally, any website used to advertise or promote products or services must include a clear statement of the website’s purpose and a disclosure of any relationship between the website and its advertiser.
Are There Restrictions On Using Billboards Or Outdoor Advertising For Marijuana Products in Maryland?Yes, there are restrictions on using billboards or outdoor advertising for marijuana products in Maryland. The Maryland Medical Cannabis Commission has adopted the following regulations regarding marijuana-related outdoor advertising:
1. No outdoor advertising, signs, displays, or other types of advertising may be located within 1,000 feet of a school, daycare center, park, playground, or publicly owned recreational facility.
2. Outdoor advertising must display the state-provided warning statement on all advertisements that would be visible to minors.
3. All other outdoor signs and advertisements must include a conspicuous statement that the product is intended for adults 21 and older and is not intended for use by minors.
4. All outdoor signs and advertisements must also include a statement that the product may only be purchased by persons 21 years of age or older with a valid government-issued ID.
5. Outdoor advertisements, signs, displays, or other types of advertising may not depict any products in a manner that is appealing to minors or encourages the use of marijuana by minors.
6. Outdoor advertisements, signs, displays, or other types of advertising may not directly target individuals under 21 years of age.
Do State Regulations Prohibit False Or Misleading Advertising Claims For Marijuana Products in Maryland?Yes, state regulations in Maryland do prohibit false or misleading advertising claims for marijuana products. The Maryland Medical Cannabis Commission (MMCC) regulates advertising for medical cannabis products in the state, and its regulations explicitly forbid any false or misleading advertising. MMCC regulations also ban advertising that targets minors, and any advertising must include a disclaimer stating that the advertised product is for use by adults 21 years of age or older.
How Are Social Media And Digital Advertising Platforms Regulated For Marijuana Products in Maryland?In Maryland, marijuana products are regulated by the Maryland Medical Cannabis Commission (MMCC). The MMCC does not allow for advertisement of marijuana products on radio, television, or print media. However, digital advertising on social media and other online platforms is permitted as long as the ads comply with the MMCC regulations. These regulations require that advertisers provide a disclaimer saying that the products are only available to people over 21 years of age and include information on the medical benefits of cannabis products. Additionally, ads must not contain any information that could be deemed as false or misleading. Finally, advertisers must also ensure that their ads are not appearing on any websites or platforms that target minors.
Are There Rules Governing The Use Of Endorsements Or Testimonials In Marijuana Advertisements in Maryland?Yes, there are rules governing the use of endorsements and testimonials in marijuana advertisements in Maryland. According to the Maryland Medical Cannabis Commission (MMCC), all endorsements and testimonials must be “genuine, accurate, and must not be misleading or deceptive.” Additionally, all endorsements must include the individual’s name, title, and relationship to the cannabis product, and must not be used to promote any health related claims. Endorsements or testimonials must also be in compliance with any applicable law or regulation.
Do State Regulations Require Health And Safety Warnings In Marijuana Advertisements in Maryland?No, state regulations do not require health and safety warnings in marijuana advertisements in Maryland. However, the Maryland Medical Cannabis Commission strongly recommends that all medical cannabis advertisements include a warning about the potential risks associated with cannabis use. The warning should provide information on the possible effects of cannabis use, including potential impairment of motor skills and cognition, as well as potential for addiction. Additionally, the Commission recommends that all medical cannabis advertisements include a statement that cannabis should not be used by persons under the age of 21.
Is It Allowed To Use Cartoons, Mascots, Or Imagery That May Appeal To Children In Marijuana Ads in Maryland?No, it is not allowed to use cartoons, mascots, or imagery that may appeal to children in marijuana ads in Maryland. All advertising of medical or recreational marijuana must be done in a manner that limits access to audiences under the age of 21.
How Do Marijuana Advertising Regulations Apply To Packaging And Labeling in Maryland?In Maryland, marijuana advertising regulations apply to packaging and labeling in the same way that they apply to other forms of advertising. Specifically, marijuana packaging and labeling must not contain any false or misleading statements, claims, or representations about the product or its contents. Additionally, marijuana packaging and labeling must display the license number of the dispensary or retail outlet where the product was purchased. The packaging and labeling must also contain a statement that the product is for use only by adults 21 years of age or older.
Are There Restrictions On Giveaways, Promotions, Or Contests Related To Marijuana Products in Maryland?Yes, there are restrictions on giveaways, promotions, and contests related to marijuana products in Maryland. Currently, any form of promotion of marijuana products is prohibited. This includes giveaways, promotional discounts, and contests that involve the exchange of cash or goods. Additionally, marijuana businesses may not engage in any activity that promotes the use of marijuana in any way.
What Penalties Or Consequences Can Businesses Face For Non-Compliance With Advertising Regulations in Maryland?Businesses that fail to comply with advertising regulations in Maryland can face serious consequences, including civil and criminal penalties, fines, injunctions, and other forms of relief.
The Maryland Code (MD Code) sets out the specific violations and penalties for non-compliance with advertising regulations in the state. Depending on the severity of the violation and the type of business involved, the fines can range from $1,000 to $10,000 for each offense. Additionally, businesses can also face criminal penalties for violations, including up to one year in prison for each violation.
Additionally, businesses may be subject to an injunction or other form of relief if they are found to be in violation of advertising regulations. This can include an order to cease and desist from engaging in the illegal activity or an order to make restitution for any losses sustained as a result of the violation.
Finally, businesses found to be in violation of advertising regulations may also be subject to financial sanctions, including the forfeiture of any monies received as a result of their illegal activity.