CBD Advertising Laws by State

Marketing Regulations and CBD Advertising Rules You Need to Know

SEO With David is a premier advertising and marketing agency within the CBD industry that has worked with some of the largest CBD companies successfully. We used government laws and regulations within each state to create this guide only. Specifically citing the laws and codes state by state for the advertising guidelines to ensure this guide is as accurate as possible.

Understanding CBD advertising – The FDA states businesses and individuals cannot make unproven claims that CBD could treat serious or life-threatening diseases in a CBD marketing campaign.

Companies cannot mislead to forgo effective treatment or therapy for serious or life-threatening diseases when marketing CBD products. This means a CBD business cannot state their CBD can cure, mitigate, treat, or prevent a disease when they advertise CBD products. CBD cannot be marketed as a dietary supplement or drug. 

The FTC regulates CBD advertising restrictions as well as the FDA and states the following on CBD advertisements:

1.) No deceptive advertising these are the CBD advertising rules. An advertisement is deceptive if it contains, “a misrepresentation or omission that is likely to mislead consumers acting reasonably under the circumstances to their detriment.” 

2.) All “objective” claims require substantiation in your marketing. “The level of substantiation required depends on a number of factors, including the type of claim being made.” This means if a CBD company makes a claim that their product can prevent, treat, or cure a disease in their marketing they are required to present competent and reliable scientific evidence to substantiate these claims. 

3.) Do not guarantee results when marketing. 

4.) Do not link to articles that contain dubious medical claims related to CBD on your website or in your advertisements when marketing.

CBD Advertising Rules on Ingestible Products

The FDA states that ingestible CBD products are not dietary supplements and are illegal to put in food and beverages.

CBD Advertising Restrictions on Non-Ingestible Products

All CBD products that are non-ingestible which do not violate FDA and FTC guidelines are legal.

Understanding CBD Advertising Inhalable Hemp Products

Inhalable hemp products which are legal federally and compliant with the FDA and FTC guidelines are legal.

CBD Beverages

CBD and hemp are not allowed to be put in food. CBD is legal to put in beverages depending on the state.

Alabama

Following the passage of the 2018 hemp farm bill, the Alabama Attorney General Steve Marshall stated that CBD products are legal that are sold by a licensed vendor and contain no more than 0.3% THC by weight. Attorney General Steve Marshall cautioned consumers to be careful since Alabama has not drafted regulations for the testing and labeling of CBD products.

This means companies marketing and advertising CBD are subject to the same rules set forth by the FDA and FTC as well as their merchants regulations. The ADAI (Alabama Department of Agriculture and Industries) regulates the licensing of the industrial hemp growers and processors under the 2018 farm bill and the Alabama Industrial Hemp Research Program Act passed in 2016 within Alabama. 

The Alabama Industrial Hemp Research Program Act tasked the Alabama Department of Agriculture and Industries (ADAI) with the licensing and inspection program for the production of industrial hemp. This pilot program will continue to be active until the FDA finishes creating the industrial hemp regulations and reviews. 

This pilot program makes it illegal for growers and processors to work with industrial hemp in Alabama without a permit. Since the passing of the 2018 Farm Bill Federally the Governor of Alabama Kay Ivey signed SB 225 redefining and rescheduling CBD to align with the federal definitions set forth in the 2018 Farm Bill and gives permission to Alabama pharmacies to sell CBD products.

Advertising Regulations

The FDA states businesses and individuals cannot make unproven claims that CBD could treat serious or life-threatening diseases. Companies cannot mislead to forgo effective treatment or therapy for serious or life-threatening diseases. This means a CBD business cannot state their CBD can cure, mitigate, treat, or prevent a disease. CBD cannot be marketed as a dietary supplement or drug. 

The FTC regulates CBD as well as the FDA and states the following:

1.) No deceptive advertising. An advertisement is deceptive if it contains, “a misrepresentation or omission that is likely to mislead consumers acting reasonably under the circumstances to their detriment.” 

2.) All “objective” claims require substantiation. “The level of substantiation required depends on a number of factors, including the type of claim being made.” This means if a CBD company makes a claim that their product can prevent, treat, or cure a disease there requires competent and reliable scientific evidence to substantiate these claims. 

3.) Do not guarantee results. 

4.) Do not link to articles that contain dubious medical claims related to CBD on your website or in your advertisements. 

Several reports are required regularly by the ADAI for the participants in the Alabama Industrial Hemp Research Program. Failure to report, falsely reporting, not paying fees, or growing a crop that contains more than 0.3% THC is subject to civil penalties up to $500 and disciplinary sanctions including revocation of an application. 

The cultivation or manufacturing of cannabis could result in a sentence of two years to life and a fine up to $60,000, depending on the degree of violation by the manufacturer.

Since the passing of Senate Bill 6 the final regulations have been finalized and became effective on April 4th, 2020 officially making it legal for authorized and licensed growers, processors, and manufacturers to produce, process, and market CBD products in the state of Alaska. 

Industrial hemp is defined under the bill as any part of the cannabis plant with a concentration of less than 0.3% THC which is in alignment with the current federal definition of the 2018 Farm Bill. 

The current regulations are the following: 

All industrial hemp products are required to undergo a cannabinoid potency test to determine cannabinoid concentrations. Companies selling industrial hemp products including CBD cannot make any health, medical, or therapeutic claims on their labels or in their marketing materials. These are the strict labeling requirements set forth by the bill for CBD oil and industrial hemp products:

• The product name
• Batch and lot number for the product
• Expiration date
• Total quantity of the product by weight or volume
• Serving size and/or recommended dose
• List of all ingredients
• Cannot contain any statements that have not been approved by the Food and Drug Administration or the Alaskan Department of Environment Conservation.
• The name of the industrial hemp pilot program where the product originated under.
• The industrial hemp pilot program that authorized the processing and testing of the industrial hemp in the product
• The label must provide a warning if the product contains any delta-9 THC even within the 0.3% threshold.

Licensed state retailers are permitted to sell CBD derived from cannabis in Alaska.

Applications for growing, processing, and retail licenses must include the applicant’s full legal name, any applicable business licenses, the address, GPS coordinates, and map of the industrial hemp production area. 

There are application and registration fees that are required as well. The fee schedule is the following:

• $100 non-refundable application fee ($50 non-refundable application fee for renewals); 
• $200 annual grower registration fee; 
• $250 annual processor registration fee (for products not intended for animal or human consumption); 
• $650 annual processor registration fee (for products intended for animal or human consumption);
• $300 annual retailer registration fee.

Registered growers are granted the authority to grow, store, and sell raw industrial hemp. All harvests are sampled and tested by the state to check THC concentration. 

Buildings primarily used for residential purposes such as a personal home are not permitted to grow, store, or process industrial hemp. For the full regulations read the legislation passed in Senate Bill 6 located here.

• “Industrial hemp” is defined as a cannabis plant that contains less than 0.3% THC by dry weight.
• Any part of the plant that fits the definition above is allowed.
• Arizona’s industrial hemp program is designed to research the growth, cultivation, and marketing of industrial hemp, hemp seeds, and hemp products. 
• ‘Hemp products’ are defined as all products formulated from a legal industrial hemp plant that fits the state’s definition. This wording allows and legalized the sale of CBD products derived from industrial hemp as well.

CBD products derived from cannabis is legal both recreationally and medically for people 21 years or older as set forth by the “smart and safe” act passed in proposition 207. 

The FTC regulates CBD as well as the FDA and states the following:

1.) No deceptive advertising. An advertisement is deceptive if it contains, “a misrepresentation or omission that is likely to mislead consumers acting reasonably under the circumstances to their detriment.” 

2.) All “objective” claims require substantiation. “The level of substantiation required depends on a number of factors, including the type of claim being made.” This means if a CBD company makes a claim that their product can prevent, treat, or cure a disease there requires competent and reliable scientific evidence to substantiate these claims. 

3.) Do not guarantee results. 

4.) Do not link to articles that contain dubious medical claims related to CBD on your website or in your advertisements.

You do not need a license issued by the Department if you are selling, manufacturing, or marketing any post-processed hemp materials including CBD oil and hemp-derived products. You only need a license for growth and cultivation of industrial hemp.

• Fiber – in the form of whole stalks, including leaf and seed materials, and bales of stalks
• Roots – including raw roots
• Leaves or Floral Material – including fresh, unprocessed, dried, and/or ground biomass
• Grain (food product) – in the form of a raw, unprocessed seed
• Seed (for replication) – including whole seed, clean or uncleaned
• Transplants – including rooted plants, cuttings, seedlings, immature plants

In-program materials that require an industrial hemp license under the Industrial Hemp Program of Arizona or an approved USDA hemp program are considered as the following:

• Viable seed
• Live plants
• Live leaf and/or floral material

The FTC regulates CBD as well as the FDA and states the following:

1.) No deceptive advertising. An advertisement is deceptive if it contains, “a misrepresentation or omission that is likely to mislead consumers acting reasonably under the circumstances to their detriment.” 

2.) All “objective” claims require substantiation. “The level of substantiation required depends on a number of factors, including the type of claim being made.” This means if a CBD company makes a claim that their product can prevent, treat, or cure a disease there requires competent and reliable scientific evidence to substantiate these claims. 

3.) Do not guarantee results. 

4.) Do not link to articles that contain dubious medical claims related to CBD on your website or in your advertisements.

Until the FDA rules that industrial hemp-derived CBD oil and CBD products can be used as a food or California makes a determination that they are safe to use for human and animal consumption, CBD products are not an approved food, food ingredient, food additive, or dietary supplement.” 

Currently there is bill AB 228 which allows the sale of CBD as food, food ingredient, food additive, or dietary supplement and cosmetic products without restrictions until the bill is passed and signed by the governor. 

The FTC regulates CBD as well as the FDA and states the following:

1.) No deceptive advertising. An advertisement is deceptive if it contains, “a misrepresentation or omission that is likely to mislead consumers acting reasonably under the circumstances to their detriment.” 

2.) All “objective” claims require substantiation. “The level of substantiation required depends on a number of factors, including the type of claim being made.” This means if a CBD company makes a claim that their product can prevent, treat, or cure a disease there requires competent and reliable scientific evidence to substantiate these claims. 

3.) Do not guarantee results. 

4.) Do not link to articles that contain dubious medical claims related to CBD on your website or in your advertisements.

The commissioner or an approved third-party testing facility collects the samples. Third-party testing facilities are required to have an International Organization for Standardization (ISO) / International Electrotechnical Commission (IEC) 17025 accreditation and use a validated method for total THC analysis. If your industrial hemp product does not meet these requirements they will be destroyed. 

“The State Health Department’s Hemp Program regulates and inspects all hemp manufacturing operations in Colorado. Industrial hemp farms are licensed and regulated by the Colorado Department of Agriculture, once the crop leaves the farm it is this department’s responsibility to oversee the manufacturing, packaging, warehousing, and distribution of hemp products. This includes extractions, any additional processing, and the relabeling or repackaging of all industrial hemp containing food, supplement, and cosmetic products.”

“Colorado Revised Statutes (C.R.S.) §35-61-101(7) defines industrial hemp as: “… a plant of the genus cannabis and any part of the plant, whether growing or not, containing a delta-9 tetrahydrocannabinol (THC) concentration of no more than three-tenths of one percent on a dry weight basis.”

Advertise that products have been tested by a facility. This includes billboards but requires special stipulations and regulations.

Event Sponsorship –

Companies can sponsor a charitable, sports, or similar event.

Safety Claims –

Companies can advertise that products have been tested by a testing facility.

Packaging and Labeling – 

Companies are allowed to utilize a “marketing layer” to align with partner brands. Insert marketing and educational collateral within opaque exit bags. Solicit feedback on the patients’ experience. Include codes to unlock loyalty rewards. 

Engage in advertising at or in connection with an event unless the cannabis establishment can provide proof that at least 70% of the audience at the event and/or viewing is 18+ (M) or 21+ (R).

Safety Claims – 

Assert that it’s products are safe because they are regulated. Assert that it’s products are safe because they are tested.

Packaging and Labeling – 

Make health claims. Use the word “candy” or “candies”.  Cannot transport cannabis products without compliant labeling & packaging. Certify your products are “organic” or “contaminant free”. 

Advertising: Television, Radio, Print Media, Internet –

Target out of state persons.

Pop Up Advertising –

Utilize unsolicited pop up advertising on the internet.

Advertising violations directly targeting minors (R).

Packaging and labeling violations that directly impact consumer safety.

The penalties for violation of these rules include license suspension, a fine per individual violation, a fine in lieu of suspension of up to $100,000, and/or license revocation. 

Hemp that contains more than 0.3% THC is destroyed. The growers could have their certificates suspended or revoked. Crops that test over 1% THC are classified as illegal marijuana grow and growers could be subject to illegal persecution. 

The fee for hemp testing is $150 per sample, plus $35 per hour and 25 cents per mile for drive time. 

• Clearly identify hemp as an ingredient.
• Clearly identify CBD and the amount of CBD if added as an isolate;
• Include a statement that the FDA has not evaluated products.
• Contain no therapeutic or nutritional benefit claims.

The CBD need not be sourced from within Connecticut, but must be legally acquired. (“Low THC” means up to 0.3% THC, on a dry weight basis.)”

“If a person in Connecticut is converting hemp into a product such as CBD that will be ingested, inhaled, absorbed, or otherwise internally consumed (a “consumable”), he or she must obtain a Department of Consumer Protection (DCP) manufacturer of hemp consumables license, regardless of where the hemp was grown.

If a person is not processing hemp but is only adding CBD to a consumable, he or she must comply with the appropriate food manufacturing laws.” 

This means companies can legally sell CBD as long they are not processing or manufacturing hemp into CBD. In order to process or manufacture hemp in the State of Connecticut a business or individual must obtain a state license.

Businesses and individuals can even add CBD to food in the state of Connecticut as long they are complying with the appropriate food manufacturing laws.

• Post the passage of PA 19-3 the law requires anyone converting hemp plant into CBD intended for human ingestion, inhalation, or absorption to obtain a Department of Consumer Protection (DCP) manufacturer license with Connecticut’s Hemp Pilot Program.
• Other credentials that may be required under the DCP include the Manufacturer of Electronic Cigarettes, Manufacturer of Cosmetics, or possibly a credential from the Food Division.
• If an individual or business decides to grow hemp within the State of Connecticut they require a Department of Agriculture producer license, processing hemp for animal food or textiles requires a producer license too. 

Cannabis-derived CBD oil must contain at least 15 percent CBD but no more than 7 percent THC, or must be diluted to contain 50 milligrams of CBD per millileter, and no more than 7 percent THC.

Senate Bill 170 signed into effect by Democratic Gov. John Carney, created a new identification card for patients whose doctors have recommended that they access CBD-dominant varieties of cannabis for anxiolytic purposes.

State licensed dispensaries are only allowed to sell cannabidiol-rich medical marijuana products to patients who have a qualified CBD-rich card.

The FDA states businesses and individuals cannot make unproven claims that CBD could treat serious or life-threatening diseases. Companies cannot mislead to forgo effective treatment or therapy for serious or life-threatening diseases. This means a CBD business cannot state their CBD can cure, mitigate, treat, or prevent a disease. CBD cannot be marketed as a dietary supplement or drug. 

The FTC regulates CBD as well as the FDA and states the following:

1.) No deceptive advertising. An advertisement is deceptive if it contains, “a misrepresentation or omission that is likely to mislead consumers acting reasonably under the circumstances to their detriment.” 

2.) All “objective” claims require substantiation. “The level of substantiation required depends on a number of factors, including the type of claim being made.” This means if a CBD company makes a claim that their product can prevent, treat, or cure a disease there requires competent and reliable scientific evidence to substantiate these claims. 

3.) Do not guarantee results. 

4.) Do not link to articles that contain dubious medical claims related to CBD on your website or in your advertisements.

Those who apply are required to pass a criminal background check and provide fingerprints. More so, the business or individual must notify a Department representative at least 15 days before the harvest to sample the crop for THC levels. 

Hemp processing requires another licensing application located here. 

Law SB 1020 passed in July 2019 introduced several key changes:

• CBD must contain 0.3% THC or less by weight.
• Hemp extracts from legal hemp plants are legal that are intended for ingestion and do not contain any controlled substances.
• Under this legislation the state of Florida defines that hemp-derived cannabinoids are not controlled substances. 

The FDA states businesses and individuals cannot make unproven claims that CBD could treat serious or life-threatening diseases. Companies cannot mislead to forgo effective treatment or therapy for serious or life-threatening diseases. This means a CBD business cannot state their CBD can cure, mitigate, treat, or prevent a disease. CBD cannot be marketed as a dietary supplement or drug. 

The FTC regulates CBD as well as the FDA and states the following:

1.) No deceptive advertising. An advertisement is deceptive if it contains, “a misrepresentation or omission that is likely to mislead consumers acting reasonably under the circumstances to their detriment.” 

2.) All “objective” claims require substantiation. “The level of substantiation required depends on a number of factors, including the type of claim being made.” This means if a CBD company makes a claim that their product can prevent, treat, or cure a disease there requires competent and reliable scientific evidence to substantiate these claims. 

3.) Do not guarantee results. 

4.) Do not link to articles that contain dubious medical claims related to CBD on your website or in your advertisements.

1. the hemp extract is the product of a batch tested by the independent testing laboratory;
2. the batch contained a total delta-9 tetrahydrocannabinol concentration that did not exceed 0.3 percent on a dry-weight basis pursuant to the testing of a random sample of the batch;
3. and the batch does not contain contaminants unsafe for human consumption. The product packaging must include:

1. a scannable barcode or quick response code linked to the certificate of analysis of the hemp extract by an independent testing laboratory;
2. the batch number;
3. the internet address of a website where batch information may be obtained;
4. the expiration date;
5. the number of milligrams of hemp extract; 

6) a statement that the product contains a total delta-9 tetrahydrocannabinol concentration that does not exceed 0.3 percent on a dry-weight basis.

The cultivation and processing of hemp in the State of Georgia requires licensing under the Georgia Hemp Program. Here are the grower licensing application guidelines and application. 

More so, Georgia has had a restricted medical marijuana program since 2015 which permits qualifying patients to access CBD-rich cannabis oil that contains 5% THC or less. In 2020 dispensaries and pharmacies can sell cannabis oil and apply for a license to distribute low THC oil to patients.

This means a CBD business cannot state their CBD can cure, mitigate, treat, or prevent a disease. CBD cannot be marketed as a dietary supplement or drug. 

The FTC regulates CBD as well as the FDA and states the following:

1.) No deceptive advertising. An advertisement is deceptive if it contains, “a misrepresentation or omission that is likely to mislead consumers acting reasonably under the circumstances to their detriment.” 

2.) All “objective” claims require substantiation. “The level of substantiation required depends on a number of factors, including the type of claim being made.” This means if a CBD company makes a claim that their product can prevent, treat, or cure a disease there requires competent and reliable scientific evidence to substantiate these claims. 

3.) Do not guarantee results. 

4.) Do not link to articles that contain dubious medical claims related to CBD on your website or in your advertisements.

Applicants must undergo a criminal background check performed by local law enforcement. If you have been convicted prior in relation to the controlled substances are not eligible to apply for licenses and applicants must qualify with agricultural experience. The licensing fees occur annually at a cost of $50 per acre, with a maximum fee of $5,000. 

Written permission is required prior to the GDA inspecting the premises and hemp grown at the premises. Internal personnel or independent lab testing contractors must provide samples of hemp and hemp-derived CBD products that have passed tests. The lab tests must prove the samples contain 0.3% THC or less. Crops that have more than 0.3% THC must be destroyed.

Keep in mind under the Hawaii Food and Drug Cosmetic Act, state officials have the authority to remove CBD products from store shelves, and could impose fines of up to $10,000 per violation per day on businesses selling CBD products. Thus far no businesses have been punished by the state of Hawaii and the state is focused on educational programs. 

The FTC regulates CBD as well as the FDA and states the following:

1.) No deceptive advertising. An advertisement is deceptive if it contains, “a misrepresentation or omission that is likely to mislead consumers acting reasonably under the circumstances to their detriment.” 

2.) All “objective” claims require substantiation. “The level of substantiation required depends on a number of factors, including the type of claim being made.” This means if a CBD company makes a claim that their product can prevent, treat, or cure a disease there requires competent and reliable scientific evidence to substantiate these claims. 

3.) Do not guarantee results. 

4.) Do not link to articles that contain dubious medical claims related to CBD on your website or in your advertisements.

“Idaho Code §37-2705(a) and (d)(19) and (27) define as schedule I controlled substances any “material, compound, mixture or preparation which contains any quantity’ of either marihuana” ((d)(19)) or “Tetrahydrocannabinols” (i.e., THC) ((d)(27)). Therefore, in order for an oil extracted from the cannabis plant to not be a controlled substance, two conditions must be met. First, the oil extract cannot contain “any quantity” of THC — not just less than .3%. Second, the oil extract cannot be deemed “marijuana” under Idaho Code §37-2701(t)…”

“In sum, unless an oil extract contains no THC and is excluded from the definition of “marijuana” under Idaho Code §37-2701 (t)…, such oil is a controlled substance in Idaho.”

“2015 Idaho Att’y Gen. Ann. Rpt. 132-133″

“With regard to potentially THC-free CBD products, the 2015 Opinion states:”

“Assuming cannabidiol does not contain any THC (which is more than the undersigned knows), in order to not be deemed “marijuana” under Idaho Code §37-2701(t), it must be derived or produced from (a) mature stalks of the plant, (b) fiber produced from the stalks, (c) oil or cake made from the seeds or the achene of such plant, (d) any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, or (e) the sterilized seed of such plant which is incapable of germination.”

2015 Idaho Att’y Gen. Ann. Rpt. 133

“In other words, the CBD must both contain zero THC and be derived from one of the five identified parts of the cannabis plant, otherwise it is illegal in Idaho under current law.”

The FTC regulates CBD as well as the FDA and states the following:

1.) No deceptive advertising. An advertisement is deceptive if it contains, “a misrepresentation or omission that is likely to mislead consumers acting reasonably under the circumstances to their detriment.” 

2.) All “objective” claims require substantiation. “The level of substantiation required depends on a number of factors, including the type of claim being made.” This means if a CBD company makes a claim that their product can prevent, treat, or cure a disease there requires competent and reliable scientific evidence to substantiate these claims. 

3.) Do not guarantee results. 

4.) Do not link to articles that contain dubious medical claims related to CBD on your website or in your advertisements.

The Illinois Department of Agriculture recently submitted a revised Hemp Plan to USDA for approval which will put in place permanent state rules for hemp and hemp-derived products within the state of Illinois. Under the temporary rules set forth by the Industrial Hemp Act under 2019 the state’s rules for hemp and hemp-derived products are consistent with the state and federal laws.

The FTC regulates CBD as well as the FDA and states the following:

1.) No deceptive advertising. An advertisement is deceptive if it contains, “a misrepresentation or omission that is likely to mislead consumers acting reasonably under the circumstances to their detriment.” 

2.) All “objective” claims require substantiation. “The level of substantiation required depends on a number of factors, including the type of claim being made.” This means if a CBD company makes a claim that their product can prevent, treat, or cure a disease there requires competent and reliable scientific evidence to substantiate these claims. 

3.) Do not guarantee results. 

4.) Do not link to articles that contain dubious medical claims related to CBD on your website or in your advertisements.

• Name and Personal address.
• Business address.
• Type of business or organization.
• Map and legal description of the proposed growing area. 
• Types of hemp proposed for cultivation.
• $100 application fee. 

Applications are processed within 30 days and are valid if approved for up to three calendar years from the date of issuance. 

Current licensing fees are:

• $1,000 for a three-year license
• $700 for a two-year license
• $375 for one-year license

Anyone with a felony related to controlled substances in the state of Illinois 10 years prior to their application date is ineligible for a hemp cultivation license. Failure to comply with licensing procedure could result in fines of up to $10,000 per violation.

Random testing occurs to ensure that the THC concentration of the hemp does not exceed 0.3% by weight. The Illinois Department of Agriculture collects samples and test them directly by the department or sent to an approved third-party lab for testing. There are opportunities to pay for a retest if THC levels fall between 0.3% and 0.7%. Any crop over 0.7% of THC levels is destroyed.

• The name and post office box of the cultivation center. 
• Registered name of the cannabis product.
• A serial number that aligns with the producer batch and lot number.
• Date of testing and packaging.
• Identification of the testing laboratory.
• Date of manufacture and “use by” date
• Content of THC, tetrahydrocannabinolic acid (THCA), CBD, cannabidiolic acid (CBDA), and any other ingredients besides cannabis.
• Clear language that the product is not for medical use and not for resale or transfer.

This means a CBD business cannot state their CBD can cure, mitigate, treat, or prevent a disease. CBD cannot be marketed as a dietary supplement or drug. 

The FTC regulates CBD as well as the FDA and states the following:

1.) No deceptive advertising. An advertisement is deceptive if it contains, “a misrepresentation or omission that is likely to mislead consumers acting reasonably under the circumstances to their detriment.” 

2.) All “objective” claims require substantiation. “The level of substantiation required depends on a number of factors, including the type of claim being made.” This means if a CBD company makes a claim that their product can prevent, treat, or cure a disease there requires competent and reliable scientific evidence to substantiate these claims. 

3.) Do not guarantee results. 

4.) Do not link to articles that contain dubious medical claims related to CBD on your website or in your advertisements.

General growers and processor licenses are made available by the Indiana Hemp Regulatory Agency with Purdue University. Applicants must provide GPS coordinates of the property, written consent for a background check along with the applicable fee, and a signed statement that the applicant has not been convicted of any drug-related felony or misdemeanor in the previous ten years. 

mCBD is any pharmaceutical grade cannabinoid found in a cannabis plant with a THC level of no more than 3% that is manufactured and distributed pursuant to the Iowa Department of Public Health’s mCBD program. 

There are only two licensed manufacturers within Iowa that manufacture mCBD for distribution to state residents of Iowa with state-issued mCBD registration cards at Iowa’s five licensed dispensaries. 

The Iowa Hemp Act passed as the SF 599 was signed by Gov. Kim Reynolds in May 2019, this bill will create a state hemp plan that allows the growing, processing, and sale of hemp-derived products in the state of Iowa. The Iowa State Hemp Program is pending approval by the federal government.

The FTC regulates CBD as well as the FDA and states the following:

1.) No deceptive advertising. An advertisement is deceptive if it contains, “a misrepresentation or omission that is likely to mislead consumers acting reasonably under the circumstances to their detriment.” 

2.) All “objective” claims require substantiation. “The level of substantiation required depends on a number of factors, including the type of claim being made.” This means if a CBD company makes a claim that their product can prevent, treat, or cure a disease there requires competent and reliable scientific evidence to substantiate these claims. 

3.) Do not guarantee results. 

4.) Do not link to articles that contain dubious medical claims related to CBD on your website or in your advertisements.

As stated in KRS 260.858(3), “It is unlawful for a person who does not hold a license issued by the department, or who is not an agent of a licensee, to cultivate, handle, process, or market living industrial hemp plants or viable seeds, leaf materials, or floral materials derived from industrial hemp. Penalties for persons who cultivate, handle, process, or market living industrial hemp plants or viable seeds, leaf materials, or floral materials derived from industrial hemp without a license are the same as those penalties that are applicable to persons who violate KRS Chapter 218A, relating to marijuana.” 

The following hemp-derived products are not allowed to be manufactured:

1. Hemp cigarettes
2. Hemp cigars
3. Chew, dip, or other smokeless material consisting of hemp leaf material or hemp floral material
4. Hemp leaf material or floral material teas.
5. Whole hemp buds
6. Ground hemp floral material
7. Ground hemp leaf material
8. Any hemp product with a delta-9 THC concentration in excess of zero and three-tenths (0.3) percent.

The FTC regulates CBD as well as the FDA and states the following:

1.) No deceptive advertising. An advertisement is deceptive if it contains, “a misrepresentation or omission that is likely to mislead consumers acting reasonably under the circumstances to their detriment.” 

2.) All “objective” claims require substantiation. “The level of substantiation required depends on a number of factors, including the type of claim being made.” This means if a CBD company makes a claim that their product can prevent, treat, or cure a disease there requires competent and reliable scientific evidence to substantiate these claims. 

3.) Do not guarantee results. 

4.) Do not link to articles that contain dubious medical claims related to CBD on your website or in your advertisements.

The seeds must be provided by an educational institution with a DEA license and user varieties that are expected to be low in THC. Kentucky tests samples of the crop to ensure the THC content is 0.3% or below. Growers and processors are required by law to save their lab test results to ensure their availability to the KDA and law enforcement officials for a minimum of three years.

• Inhalable CBD
• Food products that contain CBD
• Alcoholic beverages that contain CBD
• Any CBD used as a food additive 
• CBD marketed as a dietary supplement

The FTC regulates CBD as well as the FDA and states the following:

1.) No deceptive advertising. An advertisement is deceptive if it contains, “a misrepresentation or omission that is likely to mislead consumers acting reasonably under the circumstances to their detriment.” 

2.) All “objective” claims require substantiation. “The level of substantiation required depends on a number of factors, including the type of claim being made.” This means if a CBD company makes a claim that their product can prevent, treat, or cure a disease there requires competent and reliable scientific evidence to substantiate these claims. 

3.) Do not guarantee results. 

4.) Do not link to articles that contain dubious medical claims related to CBD on your website or in your advertisements.

• All labels must include the ingredients, the amount by weight, and the name, address, and zip code of the manufacturer.
• Labels must not include any health claims, including that hemp, CBD, or the product can diagnose, treat, cure, or prevent any disease, injury, or condition.
• If a food product containing CBD is sold in a restaurant, the menu must clearly state the inclusion of CBD and the weight by item.

The FDA states businesses and individuals cannot make unproven claims that CBD could treat serious or life-threatening diseases. Companies cannot mislead to forgo effective treatment or therapy for serious or life-threatening diseases. This means a CBD business cannot state their CBD can cure, mitigate, treat, or prevent a disease. CBD cannot be marketed as a dietary supplement or drug. 

The FTC regulates CBD as well as the FDA and states the following:

1.) No deceptive advertising. An advertisement is deceptive if it contains, “a misrepresentation or omission that is likely to mislead consumers acting reasonably under the circumstances to their detriment.” 

2.) All “objective” claims require substantiation. “The level of substantiation required depends on a number of factors, including the type of claim being made.” This means if a CBD company makes a claim that their product can prevent, treat, or cure a disease there requires competent and reliable scientific evidence to substantiate these claims. 

3.) Do not guarantee results. 

4.) Do not link to articles that contain dubious medical claims related to CBD on your website or in your advertisements.

Detailed information regarding the boundaries and dimensions of proposed growing sites are required to be completed by the applicant. Industrial hemp is required to be planted by a certified seed source which are approved by the Association of Seed Certifying Agencies or another approved agency. 

In addition, the seeds are required to come from plants that were tested during the active growing season and found to produce industrial hemp with 0.3% THC or less. Crop samples are required to be submitted for testing. There could be random inspection, sampling, or testing of hemp crops which can happen at anytime the department deems necessary (although if you have a license you will be notified prior). All crops that test above 0.3% of THC must be destroyed. 

The state of Maine has a USDA approved hemp production plan.

Do

Pertains to all advertising:

Include a statement that medical cannabis products are for use only by a certified patient.

Medical & Therapeutic Claims:

Make medical or therapeutic claims only when supported by substantial clinical evidence.

Include information on side effects & risks.

Websites:

Use an age screening mechanism (18+)

Social Media & Mobile Apps:

Include notifications that:

1. A person must be at least 18 years or older to view the content.
2. Cannabis use is only for certified patients.

Product Packaging:

Include the following statements:

1. Consumption of medical cannabis may impair your ability to drive a car or operate machinery. Please use extreme caution.
2. There may be health risks associated with cannabis use, especially during pregnancy or breast-feeding.
3. This package contains cannabis. Keep out of reach of children and animals.

Do Not

Pertains to all advertising:

Do not make false or misleading statements.

Do not use designs or pictures that: Encourage recreational use of cannabis, Target minors (Cartoons, mascots), Display use of cannabis (smoking or vaping), and are obscene. 

Signage: (This does not apply to ads placed on property owned or leased by a grower, processor, or dispensary) 

Do not place ads within 500 feet of a: school, Licensed Child Care Facility (including registered home child care centers), Substance Abuse or Treatment Facility, Library or Recreation Center, or Public park or Playground. 

Product packaging:

Do not use labels or packaging that: Resembles commercially available food or candy, Contain statements or designs suggesting the product is anything other than medical cannabis, Contain logos that suggest the product has been endorsed by another state or agency.​

For starters the state of Massachusetts does not regulate the advertising and marketing of hemp-derived CBD products within the state of Massachusetts. However Massachusetts does have some restrictions on the types of cannabis products containing hemp or CBD that you can and cannot sell. These restrictions are the following:

The state leaves regulation of advertising and marketing of hemp-derived products up to the FDA and FTC which have the following guidelines:

The Department of Agricultural Resources in the commonwealth of Massachusetts is strictly regulating the wholesale market and not the retail market (direct to consumer sales).

The wholesale market includes the following types of transactions:

• Wholesale of industrial hemp from Massachusetts Grower to Massachusetts Grower
• Wholesale of industrial hemp from Massachusetts Grower to Massachusetts Processor
• Wholesale of industrial hemp from Massachusetts Processor to Massachusetts Retailer

Retail establishments do not need a license to sell hemp-derived products in Massachusetts. The following hemp-derived products are legally allowed to be wholesaled in Massachusetts:

• Hemp seed  
• Hemp seed oil
• Hulled hemp seed
• Hemp seed powder
• Hemp protein
• Clothing
• Building material
• Items made from hemp fiber
• Non-food CBD products for human consumption that DO NOT make any medicinal/therapeutic claims on the label and  are not marketed as a dietary supplement, unless the product has already been approved by the FDA.
• Flower/plant from a Massachusetts licensed Grower to a Massachusetts licensed Grower or Processor

The following hemp-derived products cannot be wholesaled in Massachusetts:

• Any food product containing CBD; 
• Any non-food product containing CBD derived from hemp that makes therapeutic and/or medicinal claims on the label, unless it has already been approved by the FDA;
• Any product containing CBD that is being marketed as dietary supplement, unless already approved by the FDA;
• Animal feed that contains any hemp products, including CBD
• Unprocessed or raw plant hemp, including flower that is meant for end use by a consumer.  

The same hemp-derived products that are allowed and not allowed to be wholesaled are also allowed and not allowed to be sold direct to consumer via retail sales.

The sale of raw flower/hemp is illegal in the state of Massachusetts. Delta-8 THC is illegal to be sold in the state of Massachusetts.

The FDA states businesses and individuals cannot make unproven claims that CBD could treat serious or life-threatening diseases. Companies cannot mislead to forgo effective treatment or therapy for serious or life-threatening diseases. This means a CBD business cannot state their CBD can cure, mitigate, treat, or prevent a disease. CBD cannot be marketed as a dietary supplement or drug. 

The FTC regulates CBD as well as the FDA and states the following:

1.) No deceptive advertising. An advertisement is deceptive if it contains, “a misrepresentation or omission that is likely to mislead consumers acting reasonably under the circumstances to their detriment.” 

2.) All “objective” claims require substantiation. “The level of substantiation required depends on a number of factors, including the type of claim being made.” This means if a CBD company makes a claim that their product can prevent, treat, or cure a disease there requires competent and reliable scientific evidence to substantiate these claims. 

3.) Do not guarantee results. 

4.) Do not link to articles that contain dubious medical claims related to CBD on your website or in your advertisements.

“Accept ads for industrial hemp, including cannabidiol or “CBD oil,” if the product has less than 0.3% THC on a dry-weight basis. Such products are no longer considered “marijuana” under state and federal law. P.L. 115–334 (U.S. 2018); P.A. 641 (Mich. 2019).”

“The Michigan Legislature directed the Michigan Department of Agriculture and Rural Development to “establish, operate, and administer an industrial hemp licensing and registration program.” P.A. 641. But, Michigan cannot issue licenses or registrations until the USDA approves the program.”

Additionally the federal advertising guidelines for cbd are the following:

The FDA states businesses and individuals cannot make unproven claims that CBD could treat serious or life-threatening diseases. Companies cannot mislead to forgo effective treatment or therapy for serious or life-threatening diseases. This means a CBD business cannot state their CBD can cure, mitigate, treat, or prevent a disease. CBD cannot be marketed as a dietary supplement or drug. 

The FTC regulates CBD as well as the FDA and states the following:

1.) No deceptive advertising. An advertisement is deceptive if it contains, “a misrepresentation or omission that is likely to mislead consumers acting reasonably under the circumstances to their detriment.” 

2.) All “objective” claims require substantiation. “The level of substantiation required depends on a number of factors, including the type of claim being made.” This means if a CBD company makes a claim that their product can prevent, treat, or cure a disease there requires competent and reliable scientific evidence to substantiate these claims. 

3.) Do not guarantee results. 

4.) Do not link to articles that contain dubious medical claims related to CBD on your website or in your advertisements.

“In order to allow for the sale of nonintoxicating cannabinoids extracted from hemp to be sold for

human or animal consumption in Minnesota, the Legislature enacted Minn. Stats. §151.72 in 2019.

That section states that a product containing non intoxicating cannabinoids extracted from hemp may

be sold for human or animal consumption if certain testing and labeling requirements are met. If

those requirements are not met, the products are misbranded and/or adulterated and can’t be legally

sold in the State. Section 151.72 does not allow for the sale of tetrahydrocannabinols or intoxicating

substances extracted or indirectly derived from hemp. (See the next section for additional analysis).

In short, the sale of products that contain cannabinoids or tetrahydrocannabinols, extracted or

indirectly derived from any type of cannabis plant, remains illegal under federal and Minnesota state

law, with certain exceptions. The exceptions would be FDA-approved drugs, such as the recently

approved Epidiolex, the products allowed to be sold under state law by the manufacturers that are”

This means that delta-8 THC is illegal in Minnesota but they are currently working on legislation that may allow delta-8 THC within the state. 

Minnesota follows the federal advertising regulations set forth by the FDA and FTC which are:

The FDA states businesses and individuals cannot make unproven claims that CBD could treat serious or life-threatening diseases. Companies cannot mislead to forgo effective treatment or therapy for serious or life-threatening diseases. This means a CBD business cannot state their CBD can cure, mitigate, treat, or prevent a disease. CBD cannot be marketed as a dietary supplement or drug. 

The FTC regulates CBD as well as the FDA and states the following:

1.) No deceptive advertising. An advertisement is deceptive if it contains, “a misrepresentation or omission that is likely to mislead consumers acting reasonably under the circumstances to their detriment.” 

2.) All “objective” claims require substantiation. “The level of substantiation required depends on a number of factors, including the type of claim being made.” This means if a CBD company makes a claim that their product can prevent, treat, or cure a disease there requires competent and reliable scientific evidence to substantiate these claims. 

3.) Do not guarantee results. 

4.) Do not link to articles that contain dubious medical claims related to CBD on your website or in your advertisements.

Applicants must submit an application, pay the fees, and pass a federal and state criminal background check. Felons related to a controlled substance within the past 10 years are disqualified from submitting an application. Returning applicants are required to submit an application and pay the fees.

Each license is valid until December 31st of the year of issue. Minnesota Department of Agriculture employees inspect fields within 30 days of harvesting. Crops that contain more than 0.3% THC are destroyed. 

 “Although the 2018 Farm Bill legalized hemp production at the federal level, hemp production is still prohibited in Mississippi by state law (§ 41-29-113), and a pilot program has not been created. Hemp is still classified as a Schedule 1 controlled substance in the State of Mississippi. However, the following products are exempted from control:

• THC-containing industrial products made from cannabis stalks (e.g., paper, rope and clothing); 
• Processed cannabis plant materials used for industrial purposes, such as fiber retted from cannabis stalks for use in manufacturing textiles or rope;
• Animal feed mixtures that contain sterilized cannabis seeds and other ingredients (not derived from the cannabis plant) in a formula designed, marketed and distributed for nonhuman consumption;
  
• Personal care products that contain oil from sterilized cannabis seeds, such as shampoos, soaps, and body lotions (if the products do not cause THC to enter the human body); and
  
• Processed cannabis plant extract, oil or resin with a minimum ratio of twenty-to-one cannabidiol to tetrahydrocannabinol (20:1 cannabidiol:tetrahydrocannabinol), and diluted so as to contain at least fifty (50) milligrams of cannabidiol per milliliter, with not more than two and one-half (2.5) milligrams of tetrahydrocannabinol per milliliter.”

However the task force advocated for the amendment of law in Mississippi to allow the cultivation, growing, processing, and manufacturing of commerical hemp in the state of Mississippi. Which created the Mississippi Industrial Hemp Association’s pilot program to help farmers grow hemp.

Outside of the above marketing and advertising CBD is also subject to federal guidelines which are the following:

The FDA states businesses and individuals cannot make unproven claims that CBD could treat serious or life-threatening diseases. Companies cannot mislead to forgo effective treatment or therapy for serious or life-threatening diseases. This means a CBD business cannot state their CBD can cure, mitigate, treat, or prevent a disease. CBD cannot be marketed as a dietary supplement or drug. 

The FTC regulates CBD as well as the FDA and states the following:

1.) No deceptive advertising. An advertisement is deceptive if it contains, “a misrepresentation or omission that is likely to mislead consumers acting reasonably under the circumstances to their detriment.” 

2.) All “objective” claims require substantiation. “The level of substantiation required depends on a number of factors, including the type of claim being made.” This means if a CBD company makes a claim that their product can prevent, treat, or cure a disease there requires competent and reliable scientific evidence to substantiate these claims. 

3.) Do not guarantee results. 

4.) Do not link to articles that contain dubious medical claims related to CBD on your website or in your advertisements.

“Viable industrial hemp is plant material capable of living or growing, including agricultural hemp seeds and propagules (transplants, cuttings, or clones). Viable hemp materials fall under the regulatory authority of the Department of Agriculture.

Nonviable industrial hemp is plant material or hemp grain that is not capable of living or growing. Nonviable hemp materials (fiber, grain, etc.) are classified as publically marketable products and do not fall under the regulation of the Department of Agriculture.

The use of hemp in animal and consumer products may be regulated by other entities.”

The FTC regulates CBD as well as the FDA and states the following:

1.) No deceptive advertising. An advertisement is deceptive if it contains, “a misrepresentation or omission that is likely to mislead consumers acting reasonably under the circumstances to their detriment.” 

2.) All “objective” claims require substantiation. “The level of substantiation required depends on a number of factors, including the type of claim being made.” This means if a CBD company makes a claim that their product can prevent, treat, or cure a disease there requires competent and reliable scientific evidence to substantiate these claims. 

3.) Do not guarantee results. 

4.) Do not link to articles that contain dubious medical claims related to CBD on your website or in your advertisements.

The state hemp program was created from the Senate Bill 176 signed in to law in May 2019. According to the Montana Hemp Plan CBD must contain 0.3% THC or less on a dry weight basis. 

42.39.123    ADVERTISING

(1) A licensee may promote its business and market its brand but may not advertise marijuana or marijuana products except in electronic advertising.

(2) “Advertise or advertising” means the publication, dissemination, solicitation, or circulation of visual, oral, or written communication to directly induce any person to purchase or consume marijuana or marijuana products. Advertising does not include branding, marketing, or packaging and labeling of marijuana and marijuana products.

(3) “Billboard” means a sign that directs attention to a business, commodity, service, entertainment, or attraction sold, offered, or existing elsewhere than upon the same premises where such sign is displayed.

(4) A licensee may use the phrase “marijuana” or “cannabis” in its signage or in its electronic advertising.

(5) A licensee’s outdoor signage may not use colloquial terms for marijuana or marijuana products (e.g., pot, reefer, ganja, weed) and may not use an image or visual representation of useable marijuana, marijuana-infused products, marijuana concentrates, marijuana paraphernalia, or an image that indicates the presence of a product such as smoke, edibles, etc.

(6) A licensee’s outdoor signage must comply with any applicable local jurisdiction sign ordinances and regulations.

(7) A marijuana business that maintains a webpage must utilize appropriate measures to verify that individuals visiting the webpage are 21 years of age or older.

(8) Marijuana business social media accounts that advertise marijuana or marijuana products must be private and must contain a clearly visible notice on the main page stating that only persons 21 years of age or older may follow the account.

(9) A marijuana business may not:

(a) engage in advertising via marketing directed towards location-based devices, including, but not limited to cellular phones, unless users affirmatively opt in to receiving push notifications related to marijuana or marijuana-related products;

(b) utilize unsolicited pop-up or push-to advertising on the internet;

(c) advertise on television, radio, or in print such as newspapers, magazines, flyers, and mailers;

(d) engage in advertising or utilize signage that asserts its products are safe;

(e) utilize a billboard;

(f) use objects such as toys or inflatables, movie or cartoon characters, or any other depiction or image likely to be appealing to youth, where the objects, images, or depictions indicate an intent to cause youth to become interested in the purchase or consumption of marijuana products; or

(g) use or employ a commercial mascot outside of, and in proximity to, a licensed marijuana business. A “commercial mascot” means a live human being, animal, or mechanical device used for attracting the attention of motorists and passersby so as to make them aware of marijuana products or the presence of a marijuana business. Commercial mascots include, but are not limited to, inflatable tube displays, persons in costume, or wearing, holding, or spinning a sign with a marijuana-related commercial message or image, where the intent is to draw attention to a marijuana business or its products.

(10) The prohibition in (9)(c) does not prohibit the use of informational pamphlets for dissemination at marijuana trade conferences or the use or distribution of business cards. 

(11) The prohibition in (9)(d) does not prohibit a marijuana business from asserting that its products have been tested by a licensed marijuana testing laboratory.

(12) The department’s enforcement of the advertising restrictions provided under this rule shall begin on January 1, 2022. 

These state guidelines are in place for advertising CBD along with the federal guidelines which are:

The FDA states businesses and individuals cannot make unproven claims that CBD could treat serious or life-threatening diseases. Companies cannot mislead to forgo effective treatment or therapy for serious or life-threatening diseases. This means a CBD business cannot state their CBD can cure, mitigate, treat, or prevent a disease. CBD cannot be marketed as a dietary supplement or drug. 

The FTC regulates CBD as well as the FDA and states the following:

1.) No deceptive advertising. An advertisement is deceptive if it contains, “a misrepresentation or omission that is likely to mislead consumers acting reasonably under the circumstances to their detriment.” 

2.) All “objective” claims require substantiation. “The level of substantiation required depends on a number of factors, including the type of claim being made.” This means if a CBD company makes a claim that their product can prevent, treat, or cure a disease there requires competent and reliable scientific evidence to substantiate these claims. 

3.) Do not guarantee results. 

4.) Do not link to articles that contain dubious medical claims related to CBD on your website or in your advertisements.

Industrial hemp licenses are required to cultivate and process hemp. The fee for an industrial hemp license is $50 and the fee to participate in the pilot program is $400. The Department of Agriculture requires that any hemp cultivated submits documented evidence that the crop does not contain more than 0.3% THC.

The FTC regulates CBD as well as the FDA and states the following:

1.) No deceptive advertising. An advertisement is deceptive if it contains, “a misrepresentation or omission that is likely to mislead consumers acting reasonably under the circumstances to their detriment.” 

2.) All “objective” claims require substantiation. “The level of substantiation required depends on a number of factors, including the type of claim being made.” This means if a CBD company makes a claim that their product can prevent, treat, or cure a disease there requires competent and reliable scientific evidence to substantiate these claims. 

3.) Do not guarantee results. 

4.) Do not link to articles that contain dubious medical claims related to CBD on your website or in your advertisements.

• Cultivator fee
• Cultivator site registration fee
• Processor-handler site fee
• Site modification fees

All hemp and hemp-derived CBD products are required to be tested for 0.3% of THC or less by dry weight. There is a $25,000 fine and a prison sentence of up to 20 years for selling CBD products that are not allowed and are considered a schedule I controlled substance. 

Cannabis establishments are not required to submit logos, signage, or advertising for pre-approval. However, all advertising must comply with the requirements outlined in NRS 678B.520 and NCCR 6.120 and 7.030. Additionally, establishments should review and adhere to applicable local, city, and county restrictions. To assist establishments with compliance, the Nevada Cannabis Compliance Board is providing the following guidance:

GENERAL

• Advertising must include the following warnings: ‘Keep Out of Reach of Children’ and ‘For Use Only by Adults 21 Years of Age or Older.’
  
• Advertising is not permitted within 1,000 feet of the property line of public & private schools, daycares, playgrounds, parks, community centers, and libraries. This includes vehicle wraps and mobile billboards.
  
• Sporting Events: Advertising is not permitted at sporting events in which persons who are under 21 years of age are allowed entry.
• Entertainment Events: Advertising is allowed if it is reasonable estimated that less than 30% of the persons in attendance are under 21 years of age.
• Media: Advertising is not permitted on television, radio, or other publications where the projected audience under 21 years of age is more than 30%.
• A cannabis establishment must maintain documentation for at least five years, if advertising to an audience and determining the percentage of persons under 21 years of age. The cannabis establishment must be able to demonstrate the manner in which it determined the reasonably expected age of the audience for that advertisement.
• Advertising is not permitted on or in vehicles for public transportation including any shelter for public transportation. • Advertising may not be handed out (i.e. pamphlets, handbills, etc.).
• Advertising on social media and business-to-business advertisements must follow the same guidelines.

NOT ACCEPTABLE IN ADVERTISING

• Contains false or misleading statements or illustrations;
• Depicts the consumption of cannabis products i.e. smoking, eating, vaping, dabbing, or using a topical; • Promotes the overconsumption of cannabis products;
• Depicts persons under 21 years of age consuming cannabis products; any indication of a child’s presence; resemblance to brands targeted at children, toys, candy, fruit, cartoon characters, or any other depiction designed in a manner that is appealing to children, or encourages consumption of cannabis to persons under 21 years of age;
• Offers cannabis for free or donated without purchase. NOTE: All product packaging still requires pre-approval.

Along with the advertising guidelines set forth on the federal level which are:

The FDA states businesses and individuals cannot make unproven claims that CBD could treat serious or life-threatening diseases. Companies cannot mislead to forgo effective treatment or therapy for serious or life-threatening diseases. This means a CBD business cannot state their CBD can cure, mitigate, treat, or prevent a disease. CBD cannot be marketed as a dietary supplement or drug. 

The FTC regulates CBD as well as the FDA and states the following:

1.) No deceptive advertising. An advertisement is deceptive if it contains, “a misrepresentation or omission that is likely to mislead consumers acting reasonably under the circumstances to their detriment.” 

2.) All “objective” claims require substantiation. “The level of substantiation required depends on a number of factors, including the type of claim being made.” This means if a CBD company makes a claim that their product can prevent, treat, or cure a disease there requires competent and reliable scientific evidence to substantiate these claims. 

3.) Do not guarantee results. 

4.) Do not link to articles that contain dubious medical claims related to CBD on your website or in your advertisements.

(a) An ATC shall be prohibited from advertising its products or services except as allowed in this section. (b) The following shall not be considered advertising and shall be allowed:

(1) A business name and logo to be used in labeling, signage, and other materials, however, the use of medical symbols, images of cannabis or cannabis products, paraphernalia, and colloquial references to cannabis or marijuana shall be prohibited from use in the business name or logo;

(2) An exterior sign on the ATC building or property, which displays the business name and logo, and which meets the following additional requirements:

a.Such signage shall be designed to assist qualifying patients and designated caregivers to find the ATC without drawing undue attention to the ATC such as through the use of flashing lights;

b.Such signage shall not be illuminated during non-business hours; and

1. A second location for cultivation and processing which is separate from the location of the dispensary area of the ATC shall not be permitted to have an exterior sign;

(3) A listing in a phone book, business directory, search engine, or other place where it is reasonable for a business to maintain an informational presence of its existence, and a description of the nature of the business;

(4) An ATC may maintain a website and social media site(s) for its business, which may contain the following information:

a.ATC name and dispensary location;

b.Contact information;

c.Hours of operation;

d.Services provided;

e.Strains of cannabis available, except that brand names or commercial names of cannabis strains shall not be used;

f.Products available;

g.Prices of products, including any available discounts on products;

h.Educational material, including information as described in He-C 402.21 and information regarding the department’s therapeutic cannabis program in general; and

i.Any other information related to the ATC that is not intended to induce, directly or indirectly, the purchase of cannabis by persons who are not qualifying patients or designated caregivers;

(5) The sites in (4) above shall be age-restricted in order to discourage minors from accessing the sites. The use of social media sites that cannot be age-restricted for this purpose shall be prohibited;

(6) E-mail communication, including electronic newsletters, to existing qualifying patients and designated caregivers, and to other non-minor age individuals who sign up to receive such e-mail communication and newsletters, containing information permitted by (4) above; and

(7) Communication and engagement for educational purposes with providers, community leaders, and state and local officials, including the dissemination of information permitted by (4) above and educational materials described in He-C 402.21.

(c) Those activities and materials described in (b) above shall be subject to review by the department upon request.

(d) An ATC shall not specifically direct the materials and activities allowed in (b) above to minors, or to persons 25 years of age or younger who are not qualifying patients or designated caregivers except for (b) (6) above, and shall make reasonable efforts to limit the exposure of such persons to these allowed materials and activities. However, incidental exposure to such materials and activities by such persons shall not be considered a violation of these rules.

(e) The interior of the registered premises shall not be visible to public viewing from the exterior of the building or premises. This shall not prevent images of the interior of the ATC to be utilized by the ATC, on its website or social media sites or for other viewing, as long as the images do not include qualifying patients or designated caregivers, without their written consent, or security features which might compromise the security of the ATC.

N.H. Code Admin. R. He-C 402.23

Along with the advertising guidelines set forth on the federal level which are:

The FDA states businesses and individuals cannot make unproven claims that CBD could treat serious or life-threatening diseases. Companies cannot mislead to forgo effective treatment or therapy for serious or life-threatening diseases. This means a CBD business cannot state their CBD can cure, mitigate, treat, or prevent a disease. CBD cannot be marketed as a dietary supplement or drug. 

The FTC regulates CBD as well as the FDA and states the following:

1.) No deceptive advertising. An advertisement is deceptive if it contains, “a misrepresentation or omission that is likely to mislead consumers acting reasonably under the circumstances to their detriment.” 

2.) All “objective” claims require substantiation. “The level of substantiation required depends on a number of factors, including the type of claim being made.” This means if a CBD company makes a claim that their product can prevent, treat, or cure a disease there requires competent and reliable scientific evidence to substantiate these claims. 

3.) Do not guarantee results. 

4.) Do not link to articles that contain dubious medical claims related to CBD on your website or in your advertisements.

(a) A licensed cannabis business may provide information to the public through advertising, except that no person shall engage in advertisement of a cannabis business, cannabis products, or cannabis paraphernalia, unless such person has reliable evidence that at least 71.6 percent of the audience for the advertisement is reasonably expected to be 21 years of age or older.

(b) Any advertisement of any cannabis product, or cannabis paraphernalia shall contain the following warning: “This product contains cannabis. For use only by adults 21 years of age or older. Keep out of the reach of children. There may be health risks associated with the consumption of this product, including for women who are pregnant, breastfeeding, or planning on becoming pregnant. Do not drive a motor vehicle or operate heavy machinery while using this product.”

(c) Any advertisement by any licensed cannabis business shall disclose that the facility is licensed by the State of New Jersey.

(d) No person shall advertise any cannabis business, cannabis product, or cannabis paraphernalia:

1. In a manner that would target, or is designed to appeal to, individuals under the legal age to purchase cannabis products, including, but not limited to:

1. A depiction of a person under 21 years of age consuming cannabis items; or

1. Inclusion of objects, such as toys, characters, or cartoon characters suggesting the presence of a person under 21 years of age, or any other depiction designed in any manner to be especially appealing to a person under 21 years of age;

2. On television, or on radio between the hours of 6:00 A.M. and 10:00 P.M.;

3. In any form or through any medium whatsoever within 200 feet of any elementary or secondary school grounds.
4. This paragraph shall not apply to advertisements within the premises of a cannabis retailer;

4. Directed towards location-based devices, including, but not limited to, cellular phones or augmented reality devices, unless the advertising is a mobile device application installed on the device by the owner of the device who is at least 21 years of age, and it includes a permanent and easy opt-out feature and warnings that the use of cannabis items is restricted to persons 21 years of age or older;

5. At or in connection with a charitable, sports, musical, artistic, cultural, social, or other similar event or sponsor such an event, unless the advertiser or sponsor has reliable evidence that no more than 20 percent of the audience at the event is reasonably expected to be under the legal age to purchase cannabis items;

6. On a billboard outside of the real property where a cannabis business is located; 7. On a sign or placard in an arena, stadium, shopping mall, fair that receives State allocations, or video game arcade, unless such a site is an adult-only facility that prohibits persons under 21 years of age from entering;

8. In a manner that falsely disparages the products of another cannabis business;

9. In a manner that suggests that cannabis items are safe solely based on the fact that they are regulated by the Commission or have been tested by a licensed testing laboratory;

10. In a manner that promotes rapid consumption or overconsumption of cannabis; and

11. By way of any statement or illustration that is deceptive, false, or misleading. For the purposes of this section, a statement or illustration that is “deceptive, false, or misleading” includes, but is not limited to:

1. A representation that one brand or form of cannabis is better, more effective, or safer than other drugs or treatments, including other brands or forms of cannabis, unless such a claim has been demonstrated by substantial scientific or clinical evidence consisting of two or more adequate and well-controlled studies on the basis of which it could fairly and reasonably be concluded by experts qualified by scientific training and experience to evaluate the effectiveness of the product involved that the product will have the effect it purports or is represented to have under the conditions of use prescribed, recommended, or suggested in the labeling or proposed labeling thereof. Substantial evidence shall include such adequate and well-controlled studies that are, as a matter of sound scientific judgment, necessary to establish that a product will have its intended effect;

1. The use of a quote or a paraphrase out of context or without citing conflicting information from the same source, to convey a false or misleading idea; or

iii. The use of favorable information or conclusions from a study that is plainly inadequate in design, scope, or conduct to furnish significant support for such information or conclusions.

(e) No cannabis business shall:

1. Display, on the exterior of the establishment, any advertisement for cannabis or a certain brand of cannabis product, except that a cannabis business may have external signage for purposes of identifying the building by the licensed name.

1. The signage shall be compliant with local ordinances related to the real property where the cannabis business is located;

2. Use a commercial mascot outside of, or in proximity to, its premises;

3. Display cannabis and cannabis paraphernalia in a manner that is clearly visible to a person from the exterior of a cannabis business;

4. Advertise the price of cannabis products, except that:

5. A cannabis business may make available a catalogue or a printed list of the prices and strains or cultivars of cannabis items at the cannabis business to other cannabis businesses or consumers, as applicable; and ii. A cannabis business may list its prices on its website; or 5. Produce any items for sale or promotional gifts, such as T-shirts or novelty items, bearing a symbol or references to cannabis. i. This prohibition shall not pertain to cannabis paraphernalia sold to consumers. (f) A cannabis business that advertises shall keep records as reliable evidence that the advertisement meets the requirements of this subchapter, which shall be available, upon request, to the Commission. 1. Such records shall include a precise description of the audience that is reasonably expected for an advertisement, and a list of all publications and venues in which an advertisement was published.

N.J. Admin. Code § 17:30-14.2

• The Cannabis Control Division will develop rules — which must be consistent with industry standards — on advertising, health and safety, testing, labeling and packaging, regarding additives (including banning nicotine), quality control, and environmental protections. 
•   
  • Packaging cannot be designed to appeal to minors and must be child-resistant. Warnings must be included on possible adverse events, along with the number for New Mexico’s poison control. 
  • Advertising is banned on TV, radio, and mass transit, and other than to adults who opt in or who subscribe to subscription-based media. 
  • Advertising cannot use predatory marketing targeting minors, use cartoon characters, or mimic other brands. 
  • The Division will develop rules for cannabis training and education programs. 
• The Division will provide a discount for retailers agreeing to accept microbusinesses’ products on consignment. 
• Cannabis business employees must be 21 or older. 
• By September 1, 2021, and once per year until 2025, the Division will limit the number of plants a producer may produce. “The rule shall set the number of allowed cannabis plants per licensee to meet an average national market demand for cannabis products in states where adult and medical cannabis are authorized during the preceding year using a consumer base of no less than twenty percent of the adult population of New Mexico.” 
•   
  • Producers could increase their number of plants by 500 at the time of renewal and one other time each year. 
• Cannabis servers would be required to get permits and take education courses. 
• The Division will issue rules for training for cannabis servers’ permits, which will include training on the effects cannabis products may have on a person, state laws on cannabis, how to spot a fake ID, cannabis harm reduction, and methods to recognize and intervene with problem cannabis users. 
• If a cannabis business breaks the law, the Division may suspend or revoke licenses, issue a correction plan or intermediary sanctions, or issue fines of no more than $10,000 per violation. 
• The Division “may suspend a license for repeated violations of the same, serious and substantial rule promulgated pursuant to the Cannabis Regulation Act pertaining to public health and safety.” 

Along with the advertising guidelines set forth on the federal level which are:

The FDA states businesses and individuals cannot make unproven claims that CBD could treat serious or life-threatening diseases. Companies cannot mislead to forgo effective treatment or therapy for serious or life-threatening diseases. This means a CBD business cannot state their CBD can cure, mitigate, treat, or prevent a disease. CBD cannot be marketed as a dietary supplement or drug. 

The FTC regulates CBD as well as the FDA and states the following:

1.) No deceptive advertising. An advertisement is deceptive if it contains, “a misrepresentation or omission that is likely to mislead consumers acting reasonably under the circumstances to their detriment.” 

2.) All “objective” claims require substantiation. “The level of substantiation required depends on a number of factors, including the type of claim being made.” This means if a CBD company makes a claim that their product can prevent, treat, or cure a disease there requires competent and reliable scientific evidence to substantiate these claims. 

3.) Do not guarantee results. 

4.) Do not link to articles that contain dubious medical claims related to CBD on your website or in your advertisements.

1. The board shall promulgate rules and regulations governing the form and content of advertising and marketing of licensed cannabis and any cannabis products or services. 2. The board shall promulgate regulations for advertising and marketing content including but not limited to explicit rules prohibiting advertising that:

(a) is false, deceptive, or misleading;

(b) promotes overconsumption;

(c) depicts consumption;

(d) is designed in any way to appeal to children or other minors;

(e) is within or is readily observed within five hundred feet of the perimeter of a school grounds, playground, child day care providers, public park, or library;

(f) is in public transit vehicles and stations;

(g) is in the form of an unsolicited internet pop-up;

(h) is on publicly owned or operated property;

(i) makes medical claims or promotes adult-use cannabis for a medical or wellness purpose; (j) promotes or implements discounts, coupons, or other means of selling adult-use cannabis products below market value or whose discount would subvert local and state tax collections;

(k) is in the form of a billboard; or

(l) fails to satisfy any other advertising or marketing rule or regulations promulgated by the board related to marketing or advertising, not inconsistent with this chapter.

3. The board shall promulgate explicit rules prohibiting all marketing strategies and implementation including, but not limited to, branding, packaging, labeling, location of cannabis retailers, and advertisements that are designed to:

(a) appeal to persons less then twenty-one years of age and/or populations at-risk of increased adverse health consequences as determined by the board in regulation; or

(b) disseminate false or misleading information to customers.

4. The board shall promulgate regulations requiring that: (a) all advertisements and marketing accurately and legibly identify the party or other business responsible for its content; and

(b) any broadcast, cable, radio, print and digital communications advertisements only be placed where the audience is reasonably expected to be twenty-one years of age or older, as determined by reliable, up-to-date audience composition data. The burden of proving this requirement lies with the party that has paid for or facilitated the advertisement. 5. The board may establish procedures to review and enforce advertising and marketing requirements.

N.Y. Cannabis Law § 86

Along with the advertising guidelines set forth on the federal level which are:

The FDA states businesses and individuals cannot make unproven claims that CBD could treat serious or life-threatening diseases. Companies cannot mislead to forgo effective treatment or therapy for serious or life-threatening diseases. This means a CBD business cannot state their CBD can cure, mitigate, treat, or prevent a disease. CBD cannot be marketed as a dietary supplement or drug. 

The FTC regulates CBD as well as the FDA and states the following:

1.) No deceptive advertising. An advertisement is deceptive if it contains, “a misrepresentation or omission that is likely to mislead consumers acting reasonably under the circumstances to their detriment.” 

2.) All “objective” claims require substantiation. “The level of substantiation required depends on a number of factors, including the type of claim being made.” This means if a CBD company makes a claim that their product can prevent, treat, or cure a disease there requires competent and reliable scientific evidence to substantiate these claims. 

3.) Do not guarantee results. 

4.) Do not link to articles that contain dubious medical claims related to CBD on your website or in your advertisements.

The FDA states businesses and individuals cannot make unproven claims that CBD could treat serious or life-threatening diseases. Companies cannot mislead to forgo effective treatment or therapy for serious or life-threatening diseases. This means a CBD business cannot state their CBD can cure, mitigate, treat, or prevent a disease. CBD cannot be marketed as a dietary supplement or drug. 

The FTC regulates CBD as well as the FDA and states the following:

1.) No deceptive advertising. An advertisement is deceptive if it contains, “a misrepresentation or omission that is likely to mislead consumers acting reasonably under the circumstances to their detriment.” 

2.) All “objective” claims require substantiation. “The level of substantiation required depends on a number of factors, including the type of claim being made.” This means if a CBD company makes a claim that their product can prevent, treat, or cure a disease there requires competent and reliable scientific evidence to substantiate these claims. 

3.) Do not guarantee results. 

4.) Do not link to articles that contain dubious medical claims related to CBD on your website or in your advertisements.

The FDA states businesses and individuals cannot make unproven claims that CBD could treat serious or life-threatening diseases. Companies cannot mislead to forgo effective treatment or therapy for serious or life-threatening diseases. This means a CBD business cannot state their CBD can cure, mitigate, treat, or prevent a disease. CBD cannot be marketed as a dietary supplement or drug. 

The FTC regulates CBD as well as the FDA and states the following:

1.) No deceptive advertising. An advertisement is deceptive if it contains, “a misrepresentation or omission that is likely to mislead consumers acting reasonably under the circumstances to their detriment.” 

2.) All “objective” claims require substantiation. “The level of substantiation required depends on a number of factors, including the type of claim being made.” This means if a CBD company makes a claim that their product can prevent, treat, or cure a disease there requires competent and reliable scientific evidence to substantiate these claims. 

3.) Do not guarantee results. 

4.) Do not link to articles that contain dubious medical claims related to CBD on your website or in your advertisements

(A) For purposes of this rule “advertisement” means any written or verbal statement, illustration, or depiction created to induce sales through a combination of letters, pictures, objects, lighting effects, illustrations, or other similar means. An “advertisement” includes brochures, promotional material and other marketing materials. An advertisement that renders medical marijuana or medical marijuana products attractive to children is prohibited.

(B) The state of Ohio has a compelling interest in ensuring that any advertisement or marketing campaigns related to or involving medical marijuana does not encourage, promote, or otherwise create any impression that marijuana is legal or acceptable to use in a manner except as specifically authorized under Chapter 3796. of the Revised Code, or the rules promulgated in accordance with Chapter 3796. of the Revised Code, or that recreational marijuana use has any potential health or therapeutic benefits, or that recreational marijuana use or possession is somehow legal.

(C) A dispensary shall not use a name, logo, sign or advertisement unless the name, logo, sign or advertisement has been submitted to the state board of pharmacy and the applicable advertising approval fee has been paid. Materials submitted to the board shall include, but are not limited to:

(1) A brief description of the format, medium and length of the distribution;

(2) Verification that an actual patient is not being used on the advertisement;

(3) Verification that an official translation of a foreign language advertisement is accurate;

(4) Annotated references to support statements related to effectiveness of treatment; and

(5) A final copy of the advertisement, including a video where applicable, in a format acceptable to the board.

(D) Until September 8, 2019, the state board of pharmacy shall have fifteen business days to review materials submitted under paragraph (C) of this rule. Beginning September 9, 2019, the board shall have ten business days to review materials submitted under paragraph (C) of this rule.

(1) After the state board of pharmacy reviews the proposed advertisement, the board may:

(a) Require a specific disclosure be made in the advertisement in a clear and conspicuous manner if the advertisement would be false or misleading without such a disclosure;

(b) Make recommendations with respect to changes that are necessary to protect the public health, safety, and welfare; or

(c) Prohibit the use of the advertisement.

(2) If the state board of pharmacy does not complete one of the actions permitted under paragraph (D)(1) of this rule within the applicable review period, the submitted materials may be used in accordance with this division. Failure by the board to act within the applicable review period, however, does not constitute a waiver of its authority to undertake any of the actions permitted by this rule and the rules promulgated pursuant to Chapter 3796. of the Revised Code, if it is subsequently determined that the submitted material violates any provision of this Chapter 3796. of the Revised Code or this division.

(E) No dispensary shall place or maintain, or cause to be placed or maintained, an advertisement of medical marijuana or medical marijuana products, including paraphernalia, in any form or through any medium:

(1) Within five hundred feet of the perimeter of a prohibited facility, a community addiction services provider as defined under section 5119.01 of the Revised Code, a game arcade admission to which is not restricted to persons aged twenty-one years or older, or any other location where the placement of the advertisement targets or is attractive to children, as determined by the state board of pharmacy;

(2) On a billboard;

(3) On a radio or television broadcast;

(a) A radio or television broadcast includes a system for transmitting sound alone or visual images and sound; and

(b) Includes broadcast, cable, on-demand, satellite, or internet programming;

(4) On any handheld or other portable sign;

(5) With respect to public places, on a handbill, leaflet, or flyer directly handed, deposited, fastened, thrown, scattered, cast, or otherwise distributed to any person;

(6) Left upon any private property without the consent of the property owners;

(7) On or in a public transit vehicle or public transit shelter; or

(8) On or in a publicly-owned or operated property.

(F) An advertisement for a dispensary, regardless of the medium, shall not:

(1) Include any image bearing a resemblance to a cartoon character, fictional character whose target audience is children or youth, or pop culture icon;

(2) Market, distribute, offer, sell, license or cause to be marketed, distributed, offered sold or licensed, any apparel or other merchandise related to the sale of marijuana, to an individual under eighteen years of age.

(3) Contain any statement, design, representation, picture or illustration that is:

(a) False or misleading;

(b) A departure from the medical marijuana registered name, including, marijuana leaves, slang terms, and similar references;

(c) Disparaging to a competitor’s products;

(d) Obscene or indecent; or

(e) Related to the safety or efficacy of marijuana, unless supported by substantial evidence or substantial clinical data.

(4) Suggest or otherwise indicate that the product or entity in the advertisement has been approved or endorsed by the department of commerce, the state board of pharmacy, the state of Ohio or any person or entity associated with the state of Ohio; or

(5) Encourage the use of medical marijuana for a condition other than a qualifying medical condition.

(G) A dispensary may develop a website or otherwise establish a web presence advertising the name, business address, contact information, and services provided by a dispensary. A dispensary operating a website shall require age affirmation of at least eighteen years of age by the user before access to the website is granted. A dispensary that establishes any type of web presences shall not:

(1) Allow for direct engagement between consumers or user-generated content or reviews;

(2) Provide a medium for website users to transmit website content to individuals under the age of eighteen;

(3) Display or otherwise post content that has not been submitted to the state board of pharmacy pursuant to paragraph (C) of this rule;

(4) Facilitate sales transactions to any patient, caregiver, or medical marijuana entity;

(5) Target a consumer audience under the age of eighteen; or

(6) Maintain a web presence in violation of Chapter 3796. of the Revised Code or this division;

(H) A dispensary shall not:

(1) Display external signage larger than sixteen inches in height by eighteen inches in width that is not attached to the entity’s permanent structure;

(2) Illuminate a sign advertising medical marijuana at any time;

(3) Sell or otherwise distribute clothing, apparel, or wearable accessories, unless such sale or distribution is to an employee for purposes of identification while working for the licensed entity;

(4) Advertise medical marijuana brand names or use graphics related to medical marijuana on the exterior of the building in which the dispensary is operating; and

(5) Display medical marijuana or paraphernalia that is visible from the exterior of the dispensary.

(I) No dispensary shall license or otherwise expressly authorize any third party to use or advertise in a manner prohibited by this division.

(J) This rule, as it pertains to advertisements, does not apply to a noncommercial message.

As well as the federal advertising guidelines set forth by the FDA and FTC which are:

The FDA states businesses and individuals cannot make unproven claims that CBD could treat serious or life-threatening diseases. Companies cannot mislead to forgo effective treatment or therapy for serious or life-threatening diseases. This means a CBD business cannot state their CBD can cure, mitigate, treat, or prevent a disease. CBD cannot be marketed as a dietary supplement or drug. 

The FTC regulates CBD as well as the FDA and states the following:

1.) No deceptive advertising. An advertisement is deceptive if it contains, “a misrepresentation or omission that is likely to mislead consumers acting reasonably under the circumstances to their detriment.” 

2.) All “objective” claims require substantiation. “The level of substantiation required depends on a number of factors, including the type of claim being made.” This means if a CBD company makes a claim that their product can prevent, treat, or cure a disease there requires competent and reliable scientific evidence to substantiate these claims. 

3.) Do not guarantee results. 

4.) Do not link to articles that contain dubious medical claims related to CBD on your website or in your advertisements

(a) 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.

(b) 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) Represents that a licensee is engaged in medical marijuana commercial services for which the licensee is not licensed;

(3) Promotes overconsumption;

(4) Represents that the use of marijuana has curative or therapeutic effects;

(5) Depicts a child or other person under legal age consuming marijuana;

(6) 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;

(7) Has any manner or design that would be especially appealing to children or other persons under eighteen (18) years of age; or

(8) Could cause a reasonable patient to believe the medical marijuana was grown in another state or to be confused as to the state of origin of the medical marijuana or medical marijuana product.

(c) For purposes of this section, information that is deceptive, false, or misleading includes:

(1) Any indication that the medical marijuana or medical marijuana product is organic, unless the National Organic Program (Section 6517 of the federal Organic Foods Production Act of 1990 (7 U.S.C. Section 6501 et seq.)) authorizes organic certification and designation for marijuana and marijuana products. This includes variants of the word “organic” such as “organix” and “organique.”

(2) Any indication that the medical marijuana or medical marijuana product is “Pesticide-free,” unless the medical marijuana or a medical-marijuana product was grown, harvested, processed, and dispensed without any pesticide.

As well as the federal advertising guidelines set forth by the FDA and FTC which are:

The FDA states businesses and individuals cannot make unproven claims that CBD could treat serious or life-threatening diseases. Companies cannot mislead to forgo effective treatment or therapy for serious or life-threatening diseases. This means a CBD business cannot state their CBD can cure, mitigate, treat, or prevent a disease. CBD cannot be marketed as a dietary supplement or drug. 

The FTC regulates CBD as well as the FDA and states the following:

1.) No deceptive advertising. An advertisement is deceptive if it contains, “a misrepresentation or omission that is likely to mislead consumers acting reasonably under the circumstances to their detriment.” 

2.) All “objective” claims require substantiation. “The level of substantiation required depends on a number of factors, including the type of claim being made.” This means if a CBD company makes a claim that their product can prevent, treat, or cure a disease there requires competent and reliable scientific evidence to substantiate these claims. 

3.) Do not guarantee results. 

4.) Do not link to articles that contain dubious medical claims related to CBD on your website or in your advertisements

(1) 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, cartoons , 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 or otherwise encourages illegal activity;

(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

(h) Contain material that encourages excessive or rapid consumption.

(2) 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.

(3) A licensee must include the following statements on all print, billboard, television, radio and internet advertising in font size legible to the viewer:

(a) “Do not operate a vehicle or machinery under the influence of this drug.”;

(b) “For use only by adults twenty-one years of age and older.”; and

(c) “Keep out of the reach of children.”

As well as the federal advertising guidelines set forth by the FDA and FTC which are:

The FDA states businesses and individuals cannot make unproven claims that CBD could treat serious or life-threatening diseases. Companies cannot mislead to forgo effective treatment or therapy for serious or life-threatening diseases. This means a CBD business cannot state their CBD can cure, mitigate, treat, or prevent a disease. CBD cannot be marketed as a dietary supplement or drug. 

The FTC regulates CBD as well as the FDA and states the following:

1.) No deceptive advertising. An advertisement is deceptive if it contains, “a misrepresentation or omission that is likely to mislead consumers acting reasonably under the circumstances to their detriment.” 

2.) All “objective” claims require substantiation. “The level of substantiation required depends on a number of factors, including the type of claim being made.” This means if a CBD company makes a claim that their product can prevent, treat, or cure a disease there requires competent and reliable scientific evidence to substantiate these claims. 

3.) Do not guarantee results. 

4.) Do not link to articles that contain dubious medical claims related to CBD on your website or in your advertisements

(a) In the advertising and marketing of medical marijuana, a medical marijuana organization shall be consistent with the Federal regulations governing prescription drug advertising and marketing in 21 CFR 202.1 (relating to prescription-drug advertisments).

(b) Promotional, advertising and marketing materials shall be approved by the Department prior to their use.

(c) This part does not apply to information provided by a grower/processor to a dispensary listing various medical marijuana items that the grower/processor is offering for sale to the dispensary.

As well as the federal advertising guidelines set forth by the FDA and FTC which are:

The FDA states businesses and individuals cannot make unproven claims that CBD could treat serious or life-threatening diseases. Companies cannot mislead to forgo effective treatment or therapy for serious or life-threatening diseases. This means a CBD business cannot state their CBD can cure, mitigate, treat, or prevent a disease. CBD cannot be marketed as a dietary supplement or drug. 

The FTC regulates CBD as well as the FDA and states the following:

1.) No deceptive advertising. An advertisement is deceptive if it contains, “a misrepresentation or omission that is likely to mislead consumers acting reasonably under the circumstances to their detriment.” 

2.) All “objective” claims require substantiation. “The level of substantiation required depends on a number of factors, including the type of claim being made.” This means if a CBD company makes a claim that their product can prevent, treat, or cure a disease there requires competent and reliable scientific evidence to substantiate these claims. 

3.) Do not guarantee results. 

4.) Do not link to articles that contain dubious medical claims related to CBD on your website or in your advertisements

28. Advertising Prohibitions (R.I. Gen. Laws §§ 21-28.6-6(g)(8), 21-28.6-12(f)(1)(viii) and 21-28.6-16(b) ) 1. A licensee may not advertise in a manner which is observed by or targets the general public. All advertising must be restricted to a registered patient audience. 2. In the course of promoting a licensee’s brand, medical marijuana or medical marijuana products, a licensee may not advertise or cause any advertising or agent to advertise in a manner that: a. Is attractive to persons under twenty-one (21) years of age; b. Promotes non-medical use; c. Promotes activity that is illegal under Rhode Island law; d. Is contrary to or in direct violation of state or federal consumer protections; or e. Otherwise presents a significant risk to public health and safety. 3. Any advertising by or on behalf of a licensee shall not: a. Contain statements that are deceptive, false or misleading; b. Display images or representations of marijuana plants, marijuana or marijuana products; c. Display the consumption, use or transfer of marijuana or marijuana products; d. Include claims related to potency (beyond listing of cannabinoid content); e. Include any prices or the term “sale,” “discount,” “coupon,” “special” or similar terms; f. Depict activities or persons in conditions under the influence of marijuana, including but not limited to operating a motorized vehicle, boat or machinery, or persons who are pregnant or breastfeeding; g. Contain any content that can reasonably be considered to target individuals under the age of twenty-one (21), including but not limited to images of persons under twenty-one (21) years of age, cartoons, toys or similar images and items typically marketed towards persons under twenty-one (21) years of age or references to products that are commonly associated with persons under twenty-one (21) years of age or marketed to persons under twenty-one (21) years of age; h. Contain any imitation of candy advertising; i. Include the term “candy” or “candies”; j. Encourage the transportation of marijuana or marijuana products across state lines or otherwise encourage illegal activity; k. Assert that marijuana or marijuana products are safe because they are regulated by DBR or have been tested by a testing facility or otherwise make claims that any government agency endorses or supports marijuana; l. Make claims that marijuana has curative or therapeutic effects; m. Contain any health or physical benefit claims, including but not limited to health or physical benefit claims on labels or packaging; or n. Contain material that encourages excessive or rapid consumption. 4. No licensee or agent of a licensee may: a. Make any deceptive, false or misleading assertions or statements on any informational material, any sign or any document provided to a patient, registered caregiver or authorized purchaser; b. Distribute handbills in public areas or on publicly owned property; c. Advertise within the prohibited distance of one thousand (1,000) feet (or such greater distance if prescribed by the municipality in which the advertising is located) of the property line of an existing public or private school; d. Advertise on television, radio, or print media; e. Advertise in any manner that is viewable or can otherwise be perceived in a public space, including but not limited to billboards, bus wraps, benches, adopt a highway signs, or any format that may be viewable from roads or walkways; f. Engage in advertising via marketing directed towards location-based devices or electronic devices, including but not limited to cellular phones, unless the marketing is a mobile device application targeted to a registered patient audience and not a public audience, and that is installed on the device by the owner of the device who is a registered patient and includes a permanent and easy opt-out feature; g. Engage in any form of advertising which promotes application or enrollment into the program or the services of the practitioner or any other party which facilitates patient registration; or h. Permit use of the licensee’s trademarks, brands, names, locations or other distinguishing characteristics for third-party use on advertising in a manner that does not comply with § 1.10 of this Part or any other statute, rule or regulation. 5. In the event a third party has used a licensee’s brand, trademark, brand name, location or other distinguishing characteristics in an advertisement that does not comply with § 1.10 of this Part or any other statute, rule or regulation, the licensee must immediately notify DBR and issue a cease-and-desist notice to such third party. B. Digital, Electronic and Web-based Advertising 1. In addition to complying with the advertisement criteria and prohibitions outlined above, a licensee advertising on a digital, electronic or web-based platform must: a. Utilize appropriate measures to ensure that individuals visiting the platform are over twenty-one (21) years of age and are authorized to use and/or purchase listed products. If appropriate measures to ensure that individuals visiting the platform are over twenty-one (21) years of age are not available, the licensee shall not advertise on such a platform. b. Not utilize unsolicited pop-up or banner advertising on the platform other than on age-restricted websites for people twenty-one (21) years of age and over who consent to view marijuana-related material. C. Required Statements on all Advertising 1. A licensee must include the following statements on all advertising regardless of the medium: a. “For use only by qualified patients”; and b. The license number of the licensee. D. Objectionable and Non-Conforming Advertising 1. DBR reserves the right to take action, including the use of enforcement measures, against any licensee who fails to comply with the advertising provisions of this Part, including, without limitation, specifying a period of time by which the licensee shall cease the non-compliant advertising and remove any advertising still being published or displayed.

As well as the federal advertising guidelines set forth by the FDA and FTC which are:

The FDA states businesses and individuals cannot make unproven claims that CBD could treat serious or life-threatening diseases. Companies cannot mislead to forgo effective treatment or therapy for serious or life-threatening diseases. This means a CBD business cannot state their CBD can cure, mitigate, treat, or prevent a disease. CBD cannot be marketed as a dietary supplement or drug. 

The FTC regulates CBD as well as the FDA and states the following:

1.) No deceptive advertising. An advertisement is deceptive if it contains, “a misrepresentation or omission that is likely to mislead consumers acting reasonably under the circumstances to their detriment.” 

2.) All “objective” claims require substantiation. “The level of substantiation required depends on a number of factors, including the type of claim being made.” This means if a CBD company makes a claim that their product can prevent, treat, or cure a disease there requires competent and reliable scientific evidence to substantiate these claims. 

3.) Do not guarantee results. 

4.) Do not link to articles that contain dubious medical claims related to CBD on your website or in your advertisements

 (i)     restrictions on the advertising, signage, and display of medical cannabis, provided that the restrictions may not prevent appropriate signs on the property of a dispensary; listings in business directories, including phone books; listings in cannabis-related or medical publications; or the sponsorship of health or not-for-profit charity or advocacy events, provided that the restrictions must include:

                (i)        requirements that the medical cannabis establishment’s logo, advertising, and signage must be tasteful, respectful, and medically focused and must not appeal to minors or contain cartoon-like figures or attempts at humor;

                (ii)    requirements that medical cannabis establishments must submit any logo or sign for review to the department in accordance with department regulations;

                (iii)    prohibitions on medical cannabis establishments from using marijuana leaves or slang for cannabis in or on their signs, logos, packaging, or structures;

                (iv)    limitations on the size or location of signs; and

                (v)    prohibitions against using neon colored signage, logos, packaging, or neon colored signage or logos on structures;

            (j)        requirements and procedures for the safe and accurate packaging and labeling of medical cannabis, cannabis products, and industrial hemp for human consumption that is sold at dispensaries;

As well as the federal advertising guidelines set forth by the FDA and FTC which are:

The FDA states businesses and individuals cannot make unproven claims that CBD could treat serious or life-threatening diseases. Companies cannot mislead to forgo effective treatment or therapy for serious or life-threatening diseases. This means a CBD business cannot state their CBD can cure, mitigate, treat, or prevent a disease. CBD cannot be marketed as a dietary supplement or drug. 

The FTC regulates CBD as well as the FDA and states the following:

1.) No deceptive advertising. An advertisement is deceptive if it contains, “a misrepresentation or omission that is likely to mislead consumers acting reasonably under the circumstances to their detriment.” 

2.) All “objective” claims require substantiation. “The level of substantiation required depends on a number of factors, including the type of claim being made.” This means if a CBD company makes a claim that their product can prevent, treat, or cure a disease there requires competent and reliable scientific evidence to substantiate these claims. 

3.) Do not guarantee results. 

4.) Do not link to articles that contain dubious medical claims related to CBD on your website or in your advertisements

(i)    Restrictions on the advertising, signage, and display of medical cannabis, provided that the restrictions may not prevent appropriate signs on the property of a dispensary, listings in business directories including phone books, listings in marijuana-related or medical publications, or the sponsorship of health or not-for-profit charity or advocacy events;

(j)    Requirements and procedures for the safe and accurate packaging and labeling of medical cannabis;

Establishing labeling requirements for cannabis and cannabis products, including requiring cannabis product labels to include the following:

(a)    The length of time it typically takes for a product to take effect;

(b)    Disclosing ingredients and possible allergens;

(c)    A nutritional fact panel; and

(d)    Requiring that edible cannabis products be clearly identifiable, when practicable, with a standard symbol indicating that it contains cannabis;

As well as the federal advertising guidelines set forth by the FDA and FTC which are:

The FDA states businesses and individuals cannot make unproven claims that CBD could treat serious or life-threatening diseases. Companies cannot mislead to forgo effective treatment or therapy for serious or life-threatening diseases. This means a CBD business cannot state their CBD can cure, mitigate, treat, or prevent a disease. CBD cannot be marketed as a dietary supplement or drug. 

The FTC regulates CBD as well as the FDA and states the following:

1.) No deceptive advertising. An advertisement is deceptive if it contains, “a misrepresentation or omission that is likely to mislead consumers acting reasonably under the circumstances to their detriment.” 

2.) All “objective” claims require substantiation. “The level of substantiation required depends on a number of factors, including the type of claim being made.” This means if a CBD company makes a claim that their product can prevent, treat, or cure a disease there requires competent and reliable scientific evidence to substantiate these claims. 

3.) Do not guarantee results. 

4.) Do not link to articles that contain dubious medical claims related to CBD on your website or in your advertisements

The possession, use, and distribution of marijuana with a THC concentration greater than 0.3% is prohibited under Tennessee law (Section 39-17-417 of the Tennessee Code Annotated). The Agriculture Improvement Act 2018 legalized “hemp”—defined as any part of the cannabis sativa L. plant with a THC concentration of 0.3% or less—by removing it from the Controlled Substance Act’s definition of “marijuana.” However, Tennessee has yet to promulgate regulations relating to the advertising and marketing of hemp. Therefore, no specific rules or restrictions govern the advertising and marketing of marijuana products. With regard to accessories, it is unlawful in Tennessee:

for any person to place in any newspaper, magazine, handbill, or other publication, any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia. (Section 39-17-425(c)(1) of the Tennessee Code Annotated).

Tennessee law defines “drug paraphernalia” as:

all equipment, products and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body, a controlled substance as defined [by Tennessee law]. (Section 39-17-402(12) of the Tennessee Code Annotated).

The possession, use, and distribution of marijuana with a THC concentration greater than 0.3% is prohibited under Tennessee law (Section 39-17-417 of the Tennessee Code Annotated). Further, it is illegal to use, possess with the intent to use, or sell drug paraphernalia in Tennessee (Section 39-17-425 of the Tennessee Code Annotated). Tennessee law defines “drug paraphernalia” as:

all equipment, products and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body, a controlled substance as defined [by Tennessee law]. (Section 39-17-402(12) of the Tennessee Code Annotated.)

Tennessee permits individuals to obtain state trademarks under certain circumstances (Sections 47-25-501 et seq. of the Tennessee Code Annotated). While the statute does not address marijuana or marijuana accessories, it does provide that the statute is meant to be consistent with the Trademark Act 1946 (Section 47-25-518 of the Tennessee Code Annotated). The U.S. Patent and Trademark Office requires a mark used lawfully in commerce to be trademarked and therefore does not register marks for marijuana. Because marijuana and marijuana accessories are illegal in Tennessee, the state would be unlikely to register a marijuana or marijuana accessory trademark. However, as hemp is legal in Tennessee, trademarks relating to hemp are likely registerable. There are otherwise no rules or restrictions governing the branding or trademarking of marijuana products and accessories in Tennessee. 

As well as the federal advertising guidelines set forth by the FDA and FTC which are:

The FDA states businesses and individuals cannot make unproven claims that CBD could treat serious or life-threatening diseases. Companies cannot mislead to forgo effective treatment or therapy for serious or life-threatening diseases. This means a CBD business cannot state their CBD can cure, mitigate, treat, or prevent a disease. CBD cannot be marketed as a dietary supplement or drug. 

The FTC regulates CBD as well as the FDA and states the following:

1.) No deceptive advertising. An advertisement is deceptive if it contains, “a misrepresentation or omission that is likely to mislead consumers acting reasonably under the circumstances to their detriment.” 

2.) All “objective” claims require substantiation. “The level of substantiation required depends on a number of factors, including the type of claim being made.” This means if a CBD company makes a claim that their product can prevent, treat, or cure a disease there requires competent and reliable scientific evidence to substantiate these claims. 

3.) Do not guarantee results. 

4.) Do not link to articles that contain dubious medical claims related to CBD on your website or in your advertisements

Selling CBD in Texas laws legally permits hemp-derived CBD to be sold as long as it has 0.3% of THC or less.

(l) All advertisements for functions regulated under the Act must contain the dispensing organization’s license number in a font of the same size as the primary text of the advertisement.

(m) Licensees must comply with all applicable local, state and federal regulations and permitting requirements relating to air and environmental quality, advertising, business and occupancy, building, plumbing, electrical, fire safety, noise, and odor or other nuisances. This subsection does not require compliance with a regulation that conflicts with the Act or this chapter.

As well as the federal advertising guidelines set forth by the FDA and FTC which are:

The FDA states businesses and individuals cannot make unproven claims that CBD could treat serious or life-threatening diseases. Companies cannot mislead to forgo effective treatment or therapy for serious or life-threatening diseases. This means a CBD business cannot state their CBD can cure, mitigate, treat, or prevent a disease. CBD cannot be marketed as a dietary supplement or drug. 

The FTC regulates CBD as well as the FDA and states the following:

1.) No deceptive advertising. An advertisement is deceptive if it contains, “a misrepresentation or omission that is likely to mislead consumers acting reasonably under the circumstances to their detriment.” 

2.) All “objective” claims require substantiation. “The level of substantiation required depends on a number of factors, including the type of claim being made.” This means if a CBD company makes a claim that their product can prevent, treat, or cure a disease there requires competent and reliable scientific evidence to substantiate these claims. 

3.) Do not guarantee results. 

4.) Do not link to articles that contain dubious medical claims related to CBD on your website or in your advertisements

(1) Except as provided in this section, a person may not advertise in any medium regarding a medical cannabis pharmacy or the dispensing of medical cannabis within the state. (2) Subject to Section 26-61a-116, a medical cannabis pharmacy may: (a) advertise an employment opportunity at the medical cannabis pharmacy; (b) notwithstanding any municipal or county ordinance prohibiting signage, use signage on the outside of the medical cannabis pharmacy that: (i) includes only: (A) in accordance with Subsection 26-61a-116(4), the medical cannabis pharmacy’s name, logo, and hours of operation; and (B) a green cross; and (ii) complies with local ordinances regulating signage;

(c) advertise in any medium: (i) the pharmacy’s name and logo; (ii) the location and hours of operation of the medical cannabis pharmacy; (iii) a service available at the medical cannabis pharmacy; (iv) personnel affiliated with the medical cannabis pharmacy; (v) whether the medical cannabis pharmacy is licensed as a home delivery medical cannabis pharmacy; (vi) best practices that the medical cannabis pharmacy upholds; and (vii) educational material related to the medical use of cannabis, as defined by the department;

(d) hold an educational event for the public or medical providers in accordance with Subsection (3) and the rules described in Subsection (4); and (e) maintain on the medical cannabis pharmacy’s website non-promotional information regarding the medical cannabis pharmacy’s inventory. (3) A medical cannabis pharmacy may not include in an educational event described in Subsection (2)(d): (a) any topic that conflicts with this chapter or Title 4, Chapter 41a, Cannabis Production Establishments; (b) any gift items or merchandise other than educational materials, as those terms are defined by the department; (c) any marketing for a specific product from the medical cannabis pharmacy or any other statement, claim, or information that would violate the federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 301, et seq.; or (d) a presenter other than the following: (i) a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act; (ii) an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse Practice Act; (iii) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; (iv) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician Assistant Act; (v) a medical practitioner, similar to the practitioners described in this Subsection (3)(d)(v), who is licensed in another state or country; (vi) a state employee; or (vii) if the presentation relates to a cannabis topic other than medical treatment or medical conditions, an individual whom the department approves based on the individual’s background and credentials in the presented topic. (4) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to define: (a) the educational material described in Subsection (2)(c)(vii); and (b) the elements of and restrictions on the educational event described in Subsection (3), including: (i) a minimum age of 21 years old for attendees; and (ii) an exception to the minimum age for a medical cannabis patient cardholder who is at least 18 years old.

As well as the federal advertising guidelines set forth by the FDA and FTC which are:

The FDA states businesses and individuals cannot make unproven claims that CBD could treat serious or life-threatening diseases. Companies cannot mislead to forgo effective treatment or therapy for serious or life-threatening diseases. This means a CBD business cannot state their CBD can cure, mitigate, treat, or prevent a disease. CBD cannot be marketed as a dietary supplement or drug. 

The FTC regulates CBD as well as the FDA and states the following:

1.) No deceptive advertising. An advertisement is deceptive if it contains, “a misrepresentation or omission that is likely to mislead consumers acting reasonably under the circumstances to their detriment.” 

2.) All “objective” claims require substantiation. “The level of substantiation required depends on a number of factors, including the type of claim being made.” This means if a CBD company makes a claim that their product can prevent, treat, or cure a disease there requires competent and reliable scientific evidence to substantiate these claims. 

3.) Do not guarantee results. 

4.) Do not link to articles that contain dubious medical claims related to CBD on your website or in your advertisements

• § 864. Advertising
  
  (a) “Advertise” and “advertisement” have the same meaning as in section 861 of this title.
  
  (b) A cannabis establishment advertisement shall not contain any statement or illustration that:
  
  (1) is deceptive, false, or misleading;
  
  (2) promotes overconsumption;
  
  (3) represents that the use of cannabis has curative effects;
  
  (4) offers a prize, award, or inducement for purchasing cannabis or a cannabis product, except that price discounts are allowed;
  
  (5) offers free samples of cannabis or cannabis products;
  
  (6) depicts a person under 21 years of age consuming cannabis or cannabis products; or
  
  (7) is designed to be or has the effect of being particularly appealing to persons under 21 years of age.
  
  (c) Cannabis establishments shall not advertise their products via any medium unless the licensee can show that not more than 15 percent of the audience is reasonably expected to be under 21 years of age.
  
  (d) All advertisements shall contain health warnings adopted by rule by the Board in consultation with the Department of Health.
  
  (e) All advertisements shall be submitted to the Board on a form or in a format prescribed by the Board, prior to the dissemination of the advertisement. The Board may:
  
  (1) require a specific disclosure be made in the advertisement in a clear and conspicuous manner if the Board determines that the advertisement would be false or misleading without such a disclosure; or
  
  (2) require changes that are necessary to protect the public health, safety, and welfare or consistent with dispensing information for the product under review. (Added 2021, No. 62, § 6, eff. June 7, 2021.) 

As well as the federal advertising guidelines set forth by the FDA and FTC which are:

The FDA states businesses and individuals cannot make unproven claims that CBD could treat serious or life-threatening diseases. Companies cannot mislead to forgo effective treatment or therapy for serious or life-threatening diseases. This means a CBD business cannot state their CBD can cure, mitigate, treat, or prevent a disease. CBD cannot be marketed as a dietary supplement or drug. 

The FTC regulates CBD as well as the FDA and states the following:

1.) No deceptive advertising. An advertisement is deceptive if it contains, “a misrepresentation or omission that is likely to mislead consumers acting reasonably under the circumstances to their detriment.” 

2.) All “objective” claims require substantiation. “The level of substantiation required depends on a number of factors, including the type of claim being made.” This means if a CBD company makes a claim that their product can prevent, treat, or cure a disease there requires competent and reliable scientific evidence to substantiate these claims. 

3.) Do not guarantee results. 

4.) Do not link to articles that contain dubious medical claims related to CBD on your website or in your advertisements

(1) Advertising generally. The following requirements apply to all advertising by marijuana licensees in Washington state.

(a) All marijuana advertising and labels of useable marijuana, marijuana concentrates, and marijuana-infused products sold in the state of Washington must not contain any statement, or illustration that:

(i) Is false or misleading;

(ii) Promotes over consumption;

(iii) Represents the use of marijuana has curative or therapeutic effects;

(iv) Depicts a child or other person under legal age to consume marijuana, or includes:

(A) The use of objects, such as toys, inflatables, movie characters, cartoon characters suggesting the presence of a child, or any other depiction or image designed in any manner to be likely to be appealing to youth or especially appealing to children or other persons under legal age to consume marijuana; or

(B) Is designed in any manner that would be especially appealing to children or other persons under twenty-one years of age.

(b) No marijuana licensee shall place or maintain, or cause to be placed or maintained, an advertisement of a marijuana business or marijuana product, including marijuana concentrates, useable marijuana, or marijuana-infused product:

(i) In any form or through any medium whatsoever within one thousand feet of the perimeter of a school grounds, playground, recreation center or facility, child care center, public park, library, or a game arcade admission to which it is not restricted to persons aged twenty-one years or older unless the one thousand minimum distance requirement has been reduced by ordinance in the local jurisdiction where the licensed retailer is located and the licensed retailer is located within one thousand feet of a restricted location listed in this paragraph;

(ii) On or in a private vehicle, public transit vehicle, public transit shelter, bus stop, taxi stand, transportation waiting area, train station, airport, or any similar transit-related location;

(c) All advertising for marijuana businesses or marijuana products, regardless of what medium is used, must contain text stating that marijuana products may be purchased or possessed only by persons twenty-one years of age or older. Examples of language that conforms to this requirement include, but are not limited to: “21+,” “for use by persons 21 and over only,” etc.

(d) A marijuana licensee may not engage in advertising or marketing that specifically targets persons residing out of the state of Washington.

(2) Outdoor advertising. In addition to the requirements for advertising in subsection (1) of this section, the following restrictions and requirements apply to outdoor advertising by marijuana licensees:

(a) Except for the use of billboards as authorized under RCW 69.50.369 and as provided in this section, licensed marijuana retailers may not display any outdoor signage other than two separate signs identifying the retail outlet by the licensee’s business name or trade name, stating the location of the business, and identifying the nature of the business. Both signs must be affixed to a building or permanent structure and each sign is limited to sixteen hundred square inches.

(i) All text on outdoor signs, including billboards, is limited to text that identifies the retail outlet by the licensee’s business or trade name, states the location of the business, and identifies the type or nature of the business.

(ii) No outdoor advertising signs, including billboards, may contain depictions of marijuana plants or marijuana products. Logos or artwork that do not contain depictions of marijuana plants or marijuana products as defined in this section are permissible.

(A) A depiction of a marijuana plant means an image or visual representation of a cannabis leaf, plant, or the likeness thereof that explicitly suggests or represents a cannabis leaf or plant.

(B) A depiction of a marijuana product means an image or visual representation of useable marijuana, marijuana-infused products, or marijuana concentrates, or an image that indicates the presence of a product, such as smoke, etc.

(iii) Stating the location of the business may include information such as the physical address or location, directional information, website address, email address, or phone number of the licensed business.

(iv) Identifying the nature of the business may include information related to the operation of the business, what the business is engaged in, or the goods the business offers for sale.

(v) Double-sided signs or signs with text visible on opposite sides are permissible and count as a single sign so long as the sign is contained in or affixed to a single structure.

(b) No marijuana licensee may use or employ a commercial mascot outside of, and in proximity to, a licensed marijuana business.

(c) Outdoor advertising is prohibited on signs and placards in arenas, stadiums, shopping malls, fairs that receive state allocations, farmers markets, and video game arcades, whether any of the foregoing are open air or enclosed, but not including any such sign or placard located at an adult only facility.

(d) The restrictions in this section and RCW 69.50.369 do not apply to outdoor advertisements at the site of an event to be held at an adult only facility that is placed at such site during the period the facility or enclosed area constitutes an adult only facility, but must not be placed there more than fourteen days before the event, and that does not advertise any marijuana product other than by using a brand name, such as the business or trade name or the product brand, to identify the event. Advertising at adult only facilities must not be visible from outside the adult only facility.

(e) A sign affixed to the licensed premises or in the window of a licensed premises indicating the location is open for business, closed for business, the hours of operation, that the licensed location has an ATM inside, or other similar informational signs not related to the products or services of the marijuana business are not considered advertising for the purposes of this section.

(f) “Adopt-a-Highway” signs erected by the Washington state department of transportation under a current valid sponsorship with the department of transportation are not considered advertising for the purposes of this section.

(3) Advertising placed on windows within the premises of a licensed marijuana retail store facing outward must meet the requirements for outdoor advertising as provided in RCW 69.50.369 and this section.

(4) Promotional items such as giveaways, coupons, and distribution of branded or unbranded merchandise are banned. For the purposes of this section, a “giveaway” does not include representative samples of products (edible products and topicals only) carried by a licensed retailer that are not infused with marijuana and are offered to customers on licensed marijuana retail premises for sampling purposes only.

(5) Marijuana retail licensees holding a medical marijuana endorsement may donate product to qualifying patients or designated providers who hold a valid recognition card. Retail licensees may not advertise “free” or “donated” product.

(6) Except for outdoor advertising under subsection (2) of this section, all advertising must contain the following warnings that must be in type size at least ten percent of the largest type used in the advertisement:

(a) “This product has intoxicating effects and may be habit forming.”;

(b) “Marijuana can impair concentration, coordination, and judgment. Do not operate a vehicle or machinery under the influence of this drug.”;

(c) “There may be health risks associated with consumption of this product.”; and

(d) “For use only by adults twenty-one and older. Keep out of the reach of children.”

(7) For the purposes of this section, the following definitions apply:

(a) “Adult only facility” means:

(i) A location restricted to persons age twenty-one and older by the WSLCB or classified by the WSLCB as off limits to persons under twenty-one years of age; or

(ii) A venue restricted to persons age twenty-one and older and where persons under twenty-one years of age are prohibited from entering or remaining, including employees and volunteers.

(b) “Billboard” means a permanent off-premises sign in a fixed location used, in whole or in part, for the display of off-site commercial messages with a minimum size of five feet in height by eleven feet in width.

(c) “Off-premises sign” means a sign relating, through its message and content, to a business activity, product, or service not available on the premises upon which the sign is erected.

As well as the federal advertising guidelines set forth by the FDA and FTC which are:

The FDA states businesses and individuals cannot make unproven claims that CBD could treat serious or life-threatening diseases. Companies cannot mislead to forgo effective treatment or therapy for serious or life-threatening diseases. This means a CBD business cannot state their CBD can cure, mitigate, treat, or prevent a disease. CBD cannot be marketed as a dietary supplement or drug. 

The FTC regulates CBD as well as the FDA and states the following:

1.) No deceptive advertising. An advertisement is deceptive if it contains, “a misrepresentation or omission that is likely to mislead consumers acting reasonably under the circumstances to their detriment.” 

2.) All “objective” claims require substantiation. “The level of substantiation required depends on a number of factors, including the type of claim being made.” This means if a CBD company makes a claim that their product can prevent, treat, or cure a disease there requires competent and reliable scientific evidence to substantiate these claims. 

3.) Do not guarantee results. 

4.) Do not link to articles that contain dubious medical claims related to CBD on your website or in your advertisements

SIGN ADVERTISING 5800.1 Advertisements relating to the prices of medical marijuana shall not be displayed in the window of a registered establishment. 5800.2 Advertisements relating to medical marijuana shall not be displayed on the exterior of any window or on the exterior or interior of any door. 5800.3 No sign advertising medical marijuana on the exterior or visible from the exterior of any registered establishment or elsewhere in the District shall be illuminated at any time. 5801 PROHIBITED STATEMENTS 5801.1 A registered cultivation center or dispensary shall not use any picture or illustration that depicts a child or immature person, or objects (such as toys), suggestive of the presence of a child, and any statement, design, device, picture, or illustration designed to be especially appealing to children or immature persons. Title 22-C District of Columbia Municipal Regulations Amended May 23, 2014 Page 91 5801.2 A statement that is known by the dispensary or cultivation center to be false or misleading with respect to advertised price charged to the qualified patient, ingredients of medical marijuana, source of manufacturer, or statements as to health benefits, shall be prohibited. 5801.3 A statement that encourages the use or purchase of medical marijuana without a registration card shall be prohibited.

As well as the federal advertising guidelines set forth by the FDA and FTC which are:

The FDA states businesses and individuals cannot make unproven claims that CBD could treat serious or life-threatening diseases. Companies cannot mislead to forgo effective treatment or therapy for serious or life-threatening diseases. This means a CBD business cannot state their CBD can cure, mitigate, treat, or prevent a disease. CBD cannot be marketed as a dietary supplement or drug. 

The FTC regulates CBD as well as the FDA and states the following:

1.) No deceptive advertising. An advertisement is deceptive if it contains, “a misrepresentation or omission that is likely to mislead consumers acting reasonably under the circumstances to their detriment.” 

2.) All “objective” claims require substantiation. “The level of substantiation required depends on a number of factors, including the type of claim being made.” This means if a CBD company makes a claim that their product can prevent, treat, or cure a disease there requires competent and reliable scientific evidence to substantiate these claims. 

3.) Do not guarantee results. 

4.) Do not link to articles that contain dubious medical claims related to CBD on your website or in your advertisements

23.1. In the advertising and marketing of medical cannabis, a medical cannabis organization must be consistent with the federal regulations governing prescription drug advertising and marketing in 21 C.F.R. § 202.1 (Prescription-drug advertisements). 23.2. Advertising Restrictions 23.2.a. Medical cannabis advertising may not: 23.2.a.1. Contain statements that are deceptive, false, or misleading; 23.2.a.2. Contain any content that can reasonably be considered to target individuals under the age of 21, including but not limited to images of minors, cartoons, toys, or similar images and items typically marketed towards minors, or references to products that are commonly associated with minors or marketed by minors; 23.2.a.3. Specifically encourages the transportation of medical cannabis items across state lines or otherwise encourages illegal activity; 23.2.a.4. Display consumption of medical cannabis items; 23.2.a.5. A medical cannabis organization may not make any deceptive, false, or misleading assertions or statements on any informational material, any sign, or any document provided to a consumer. 23.2.b. A medical cannabis organization must include the following statements on all print, billboard, television, radio and internet advertising in font size legible to the viewer: 23.2.b.1. “Do not operate a vehicle or machinery under the influence of this drug.”; and 23.2.b.2. “Keep out of the reach of children.” 23.3. Advertising Media, Coupons, and Promotions. 23.3.a. Advertising through handbills that are passed out in public areas such as parking lots and publicly owned property is prohibited. 23.3.b. A medical cannabis organization may not utilize television, radio, billboards, print media, or internet advertising unless the medical cannabis organization 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. 23.3.c. A medical cannabis organization that advertises via web page must utilize appropriate measures to ensure that individuals visiting the web page are over 21 years of age. 23.3.d. A medical cannabis organization 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. 23.4. Removal of Objectionable and Non-Conforming Advertising. 23.4.a. A medical cannabis organization must remove any sign, display, or advertisement if the bureau finds it violates these rules. 23.4.b. The bureau will notify the medical cannabis organization and specify a reasonable time period for the medical cannabis organization to remove any sign, display, or advertisement that the bureau finds objectionable. 23.5. Promotional, advertising, and marketing materials must be approved by the bureau prior to their use. 23.6. This section does not apply to information provided by a grower/processor to a dispensary listing various medical cannabis items that the grower/processor is offering for sale to the dispensary.

As well as the federal advertising guidelines set forth by the FDA and FTC which are:

The FDA states businesses and individuals cannot make unproven claims that CBD could treat serious or life-threatening diseases. Companies cannot mislead to forgo effective treatment or therapy for serious or life-threatening diseases. This means a CBD business cannot state their CBD can cure, mitigate, treat, or prevent a disease. CBD cannot be marketed as a dietary supplement or drug. 

The FTC regulates CBD as well as the FDA and states the following:

1.) No deceptive advertising. An advertisement is deceptive if it contains, “a misrepresentation or omission that is likely to mislead consumers acting reasonably under the circumstances to their detriment.” 

2.) All “objective” claims require substantiation. “The level of substantiation required depends on a number of factors, including the type of claim being made.” This means if a CBD company makes a claim that their product can prevent, treat, or cure a disease there requires competent and reliable scientific evidence to substantiate these claims. 

3.) Do not guarantee results. 

4.) Do not link to articles that contain dubious medical claims related to CBD on your website or in your advertisements

The FDA states businesses and individuals cannot make unproven claims that CBD could treat serious or life-threatening diseases. Companies cannot mislead to forgo effective treatment or therapy for serious or life-threatening diseases. This means a CBD business cannot state their CBD can cure, mitigate, treat, or prevent a disease. CBD cannot be marketed as a dietary supplement or drug. 

The FTC regulates CBD as well as the FDA and states the following:

1.) No deceptive advertising. An advertisement is deceptive if it contains, “a misrepresentation or omission that is likely to mislead consumers acting reasonably under the circumstances to their detriment.” 

2.) All “objective” claims require substantiation. “The level of substantiation required depends on a number of factors, including the type of claim being made.” This means if a CBD company makes a claim that their product can prevent, treat, or cure a disease there requires competent and reliable scientific evidence to substantiate these claims. 

3.) Do not guarantee results. 

4.) Do not link to articles that contain dubious medical claims related to CBD on your website or in your advertisements

(a)  As used in this section:

(i)  “Advertisement” means as defined by W.S. 35‑7‑110(a)(i) and includes all representations disseminated for the purpose of inducing sales of retail marijuana or retail marijuana products;

(ii)  “Health‑related statement” means any statement related to health and includes statements of a curative or therapeutic nature that, expressly or by implication, suggest a relationship between the consumption of retail marijuana or retail marijuana products and health benefits or effects on health;

(iii)  “Market” or “marketing” means any act or process of promoting or selling retail marijuana or retail marijuana products, including point‑of‑sale advertising and development of products specifically designed to appeal to certain demographics.

(b)  No person shall advertise in or send any advertising material into Wyoming about or concerning retail marijuana or retail marijuana products other than those that may be legally manufactured in Wyoming under the provisions of this chapter.

(c)  Advertising or marketing used by or on behalf of a licensee shall:

(i)  Accurately and legibly identify the licensee responsible for its content by adding, at a minimum, the licensee’s license number;

(ii)  Not be misleading, deceptive or false;

(iii)  Not have a high likelihood of reaching and not be designed to appeal particularly to persons under twenty‑one (21) years of age;

(iv)  Comply with any other advertising rule of the board.

(d)  Any advertising or marketing involving direct, individualized communication or dialogue controlled by the licensee shall utilize a method of age affirmation to verify that the recipient is at least twenty‑one (21) years of age before engaging in that communication or dialogue. For purposes of this subsection, the method of age affirmation may include user confirmation, birthdate disclosure or any other similar registration method.

(e)  No licensee shall give away any amount of retail marijuana, retail marijuana products or marijuana accessories as part of a business promotion or any other commercial activity.

(f)  No licensee shall include on the label of any retail marijuana or retail marijuana product or publish or disseminate advertising containing any health‑related statement that is untrue or tends to create a misleading impression as to the effects on health of marijuana consumption.

(g)  All outdoor advertising of retail marijuana or retail marijuana products shall comply with the following:

(i)  No outdoor retail marijuana or retail marijuana product advertising shall be placed within one thousand (1,000) linear feet of a church or other place of religious worship, any school facility, any facility of an institution of higher education, any playground or recreational facility or a dwelling used for residential use. If an advertisement is displayed and a facility specified in this paragraph is constructed or opened to where the advertisement would violate this paragraph, the licensee shall remove the advertisement not later than one (1) year after the opening of the facility or the expiration of any lease or contract for the advertisement, whichever is sooner;

(ii)  The board may grant a permit authorizing a variance from the distance requirements of this subsection upon a finding that the placement of retail marijuana or retail marijuana product advertising on a sign will not unduly expose persons under twenty‑one (21) years of age to marijuana and marijuana product advertising;

(iii)  The outdoor advertising distance requirements contained in this section shall not apply to signs placed by licensees upon the property on which the licensed premises is located, provided that the signs are in compliance with any local ordinances or resolutions;

(iv)  Nothing in this section shall be construed to authorize billboard signs containing retail marijuana or retail marijuana product advertising on property zoned agricultural or residential or on any unzoned property;

(v)  Nothing in this section shall be construed to authorize new billboard signs containing retail marijuana or retail marijuana product advertising that would otherwise be prohibited by law;

(vi)  All lawfully erected outdoor retail marijuana or retail marijuana product signs shall comply with the provisions of this chapter and any applicable rules of the state transportation commission if the signs are located on the right‑of‑way of a public highway.

(h)  The provisions of this section shall not apply or be construed to apply to any noncommercial speech.

As well as the federal advertising guidelines set forth by the FDA and FTC which are:

The FDA states businesses and individuals cannot make unproven claims that CBD could treat serious or life-threatening diseases. Companies cannot mislead to forgo effective treatment or therapy for serious or life-threatening diseases. This means a CBD business cannot state their CBD can cure, mitigate, treat, or prevent a disease. CBD cannot be marketed as a dietary supplement or drug. 

The FTC regulates CBD as well as the FDA and states the following:

1.) No deceptive advertising. An advertisement is deceptive if it contains, “a misrepresentation or omission that is likely to mislead consumers acting reasonably under the circumstances to their detriment.” 

2.) All “objective” claims require substantiation. “The level of substantiation required depends on a number of factors, including the type of claim being made.” This means if a CBD company makes a claim that their product can prevent, treat, or cure a disease there requires competent and reliable scientific evidence to substantiate these claims. 

3.) Do not guarantee results. 

4.) Do not link to articles that contain dubious medical claims related to CBD on your website or in your advertisements

Can CBD Companies Advertise?

Can You Advertise CBD Online?

Is CBD Allowed on Facebook Ads?

No CBD is not allowed on Facebook Ads for the most part please check out our guide here to learn how you can use Facebook Ads to advertise CBD. 

Is Advertising CBD on TikTok Allowed?

No CBD is not allowed on TikTok for the most part please check out our guide here to learn how you can use TikTok to advertise CBD.

What is the CBD Google Ads Policy?

No, CBD Ads do not work on Google AdWords if you promote CBD. According to Google’s Advertising Policies, Cannabidiol (CBD) is one of the unapproved pharmaceuticals and supplements.

If you were considering advertising CBD using Google Adwords, you might be lost on where to go from here. Fortunately, we have got you covered on the CBD Advertising Laws, how to run ads without violating Google advertising policies, and the best way to advertise CBD online for the best ROI. Hint it does not involve Google Adwords. Check out our guide here to learn how you can use Google to advertise CBD. 

How Do Dispensaries Advertise?

Dispensaries could advertise within the state cannabis advertising laws and federal advertising laws which differ in some cases drastically state by state.