New Rules on Medical Cannabis Advertising Proposed in Montana

Cannabtimes

<![CDATA[Montana’s medical cannabis licensees will soon be subject to new advertising limitations and requirements. The Montana Department of Revenue announced proposed rule changes for advertising last month and plans to hold a public hearing Aug. 13 to consider the adoption of the rules, which are slated to take effect Jan. 1, 2022—coinciding with the start of adult-use sales. Some of the notable provisions proposed by the department include: Licensed businesses would be limited to two outdoor signs, which must be affixed to a building or permanent structure—billboards, banners and flags would be prohibited. Each outdoor sign is limited to 1,600 square inches (or roughly 11 square feet) and must include required warning language. A licensee may use the terms “marijuana” or “cannabis” in its signage or its electronic advertising, but may not use colloquial terms (e.g., pot, reefer, ganga, weed) or contain depictions of cannabis plants or paraphernalia. All advertising must be in black font with white background and include licensing, age restriction and warning statements.Businesses would not be allowed to advertise on social media platforms, TV, radio or in print, such as newspapers or magazines. Businesses would not be allowed to sponsor a charitable, sports or similar event, nor offer promotional items, giveaways, coupons or merchandise.  A business that advertises via webpage must utilize appropriate measures to verify that individuals visiting the webpage are over 21 years of age. As passed under provisions of Initiative 190—the state’s voter-approved ballot measure to legalize adult-use cannabis—the Department of Revenue is now responsible for administering the entirety of Montana’s cannabis regulatory framework for both medical and adult use. On the heels of the voter-approved measure, the Montana Legislature passed House Bill 249, which allowed medical cannabis businesses to engage in some electronic advertising activity that was previously prohibited, such as by website,…

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