(1) “Advertise” means the publication or dissemination of an Advertisement.
(2) “Advertisement” includes any written or verbal statement, illustration, or depiction that is calculated to induce sales of Cannabis or Cannabis Products, including any written, printed, graphic, or other material, billboard, sign, or other outdoor display, other periodical literature, publication, or in a radio or television broadcast, or in any other media. The term does not include:
(3) “Underage” means under the minimum age required by a state’s cannabis laws (usually either 18 or 21 years of age) for undertaking a cannabis-related activity.
If a Cannabis Establishment’s sign identifying its premises contains content, such as graphics and logos, aside from its business or trade name and location, the additional content shall conform to the requirements in this Article.
All Advertisements shall include, in substance, the following statements:
a warning that:
An Advertisement may describe an intended physical or psychological effect of Cannabis or a Cannabis Product only if such statements:
A Cannabis Establishment that advertises via web page must ensure that individuals visiting the web page are not underage by employing a neutral age-screening mechanism before allowing users to access the website. In this subsection, a “neutral age-screening mechanism” means an age verification page or pop-up that:
A Cannabis Establishment may not engage in advertising or digital marketing:
that is directed towards location-based devices, including but not limited to cellular phones, unless the advertising or marketing:
Digital Advertisements that are intended to be forwarded by users shall include instructions to individuals downloading the content that they should not forward these materials to underage persons.
When using social media, a Cannabis Establishment shall conform to the requirements in this Article, including Standards 3.03 (False or Misleading Statements) and 3.04 (Prohibited Content).
Notes, Standard 3.07: Simply including a check box stating, “I am over 21 years old” would not be considered a neutral age-screening mechanism, and thus would not comply with Subsection (a) of this Standard. Conversely, a text box or drop-down allowing entry of the user’s full birth date would suffice.
A Cannabis Establishment shall not place or cause to be placed an Advertisement on any public transit vehicle or shelter.
A Cannabis Establishment may sponsor a charitable, sports, music, or similar event, but a Cannabis Establishment shall not engage in advertising at, or in connection with, such an event unless:
A Cannabis Establishment shall not offer gifts or prizes in exchange for proofs of purchase. This Standard does not prohibit price discounts or gifts based on loyalty programs in which a customer has enrolled, provided such programs conform with the laws of the state in which the Cannabis Establishment conducts business.
A Cannabis Establishment shall not directly or indirectly, through payment or other consideration given, promote the use of Cannabis or Cannabis Products in movies, TV shows, live performances, commercial films and videos, or video games, unless the Cannabis Establishment has reliable evidence that no more than 15% percent of the audience is reasonably expected to be underage.
Cannabis Establishments shall maintain clear and complete records of their advertising activities, Advertisements, expenditures, and audience composition data for a period of no less than two years from the placement of the Advertisement.
Notes, Standard 3.13: In the case of a billboard or similar Advertisement that is widely visible to the public, the term “placement” in Standard 3.13 shall be construed to mean any day on which such Advertisement was publicly visible. Thus, if a business were to place an Advertisement on a billboard for a period of one year, the two-year period would run from the last day on which the Advertisement appeared on the billboard. In other instances (e.g., publication in a periodical), the two-year period shall run from the day on which the medium containing the Advertisement was first disseminated.