OMMPOS Blog - Advertising

Bulletin CE2017-03

What are the restrictions in advertising your cannabis business?  

Advertising is publicizing the trade name of a licensee together with words or symbols referring to marijuana or publicizing the brand name of marijuana or a marijuana product.

 Marijuana advertising may not:

 ·       Contain statements that are deceptive, false, or misleading;

 ·       Contain any content that can reasonably be considered to target individuals under the age of 21;

 ·       Encourages the transportation of marijuana items across state lines;

 ·       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;

 ·       Make claims that recreational marijuana has curative or therapeutic effects;

 ·       Display consumption of marijuana items;

 ·       Contain material that encourages the use of marijuana because of its intoxicating effect;  

 ·       Contain material that encourages excessive or rapid consumption.

 Advertisements through print, billboard, television, radio and internet must contain the following statements (this does not apply to advertising on apparel):

 Do not operate a vehicle or machinery under the influence of this drug

 For use only by adults twenty-one years of age and older

 Keep out of reach of children

If the OLCC receives complaints about advertising we will investigate.  You should be prepared to verify you are not breaking any of the advertising rules located in Division 25 Administrative Rules.  If you are advertising through television, radio, billboards, print media or internet you must have verification no more than 30% of your viewing audience in under the age of 21. 

Compliance Education Bulletins can be found on the OLCC Recreational Marijuana website.

INFORMATION BULLETIN 2016-24 

August 12, 2016  

To:  Medical Marijuana Dispensaries, Processors, and Interested Parties 

From:   Oregon Medical Marijuana Program 

Subject:  Advertising Requirements and Restrictions  

The Oregon Medical Marijuana Program (OMMP) would like to inform all dispensaries, processors, growers and interested parties of advertising requirements and restrictions. These rules apply to all forms of advertising. Rules regarding advertising may be found under OAR 333-008-2070. http://www.healthoregon.org/ommprules  

All advertising by a registrant must include the following statements:

• Do not operate a vehicle or machinery under the influence of marijuana. 
• Keep marijuana out of the reach of children.  

 A registrant may not have advertising that:

•  Contains statements that are deceptive, false, or misleading. 
•  Contains any content that can reasonably be considered to target minors;
•  This includes but is not limited to using cartoon characters, toys, or similar images and items typically marketed towards minors in the advertisement. 
•  Specifically encourages the transportation of marijuana items across state lines. 
•  Assert that marijuana items are safe or safer for reasons including but not limited to because they are regulated by the Authority or have been tested by a certified laboratory. 
• Make claims that a marijuana item has curative or therapeutic effects unless the claim is supported by the totality of publicly available scientific evidence (including evidence from well-designed studies conducted in a manner consistent with generally recognized scientific procedures and principles) and for which there is significant scientific agreement among experts qualified by scientific training and experience to evaluate such claims; 
• This includes explicit or suggested claims related to a disease or condition. Examples are “relieves symptoms of depression” or “cures cancer”.
• Unsubstantiated health claims cannot be used as part of a company’s business name.  
•  Show consumption of marijuana items. 

A registrant may not make any deceptive, false, or misleading assertions or statements on any product, any sign, or any document provided to a patient, caregiver, or to an individual.  

If a registrant is found to be in violation of any of the advertising rules, OMMP will notify the registrant and specify a reasonable time period for the registrant to remove any sign, display or advertisement. If the sign, display or advertisement is not removed or an advertising issue continues, the registrant will be issued civil penalties of up to $500 a day or may have their registration suspended.

Source: https://content.govdelivery.com/attachments/ORDHS/2016/08/12/file_attachments/602345/Informational%2BBulletin%2B2016-24%2BAdvertising%2BRequirements%2Band%2BRestrictions.pdf