Current through Register Vol. 43, No. 02, November 27, 2024
(1) For
purposes of this rule, "advertisement" means any written or verbal statement,
illustration, or depiction created to induce sales through the use of or a
combination of letters, pictures, objects, sounds, lighting effects,
illustrations, or other similar means. An "advertisement" includes but is not
limited to brochures, promotional and other marketing materials. Any
advertisement likely to reach or appeal to minors is prohibited.
(2) The state of Alabama has a compelling
interest in ensuring that any advertising or marketing campaign related to or
involving medical cannabis does not encourage, promote, or otherwise create any
impression that cannabis is legal, therapeutic, or beneficial, except as
specifically authorized by the Act and these Rules.
(3) A licensee shall not use a name, logo,
sign, advertisement, or other marketing campaign or program unless the same,
including all related materials, have been submitted to the Commission
Materials that must be submitted to the Commission shall include, but are not
limited to, the following:
(a) To the extent
possible, the name, logo, sign, advertisement or other marketing campaign or
program proposed for use;
(b) A
brief description of the format, medium, and length of the
distribution;
(c) A verification
that an actual patient is not being used on the advertisement;
(d) Verification that an official translation
of a foreign language advertisement is accurate; and
(e) A final copy of the advertisement,
including a video where applicable, in a format acceptable to the
Commission.
(4) Review by
Commission
(a) The Commission shall have 14
days to review materials submitted under paragraph 3 of this Rule.
(b) After the Commission has reviewed the
proposed advertisement submitted in accordance with paragraph 3 of this Rule,
the Commission may, in its discretion, do any of the following:
1. 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 disclosure;
2. Require changes as necessary to protect
the public health, safety, and welfare; or
3. Prohibit the use of the
advertisement.
(c) The
initial decision as to the acceptability of a proposed name, logo, sign,
advertisement or other marketing campaign or program, as well as any
requirements that may be imposed, shall be made by AMCC staff. If a licensee
aggrieved by the initial decision submits through the AMCC website a notice of
appeal electronically in writing, the Commission as a whole shall hear and
decide the appeal by majority vote at the next duly called meeting more than
fifteen (15) days after the initial decision. The appealing licensee may be
requested to appear and give information and oral argument. The Commission's
decision on the appeal shall be final and is not subject to further
review.
(d) If the Commission does
not complete one of the actions permitted under subparagraph 4.b. of this rule
within the applicable review period, the submitted materials may be used in
accordance with these Rules. However, failure by the Commission to act within
the applicable review period does not constitute a waiver of its authority to
undertake any of the actions permitted by the Act and these Rules, if it is
subsequently determined that the submitted material violates any provision of
the Act or these Rules.
(5) No licensee shall place or maintain, or
cause to be placed or maintained, an advertisement of medical cannabis or any
related product, in any of the following ways:
(a) Within 500 feet of the perimeter of a
prohibited facility or any business or organization where, in the opinion of
the Commission, the placement of the advertisement targets or is attractive to
minors;
(c) On a radio or
television broadcast, including a system for transmitting visual images and
sound that are reproduced on screens, and includes broadcast, cable, on-demand,
satellite, cinema, social media, or another internet-based platform;
(d) On any handheld or other portable
sign;
(e) With respect to public
places, on a brochure, handbill, pamphlet, leaflet, or flyer directly handed,
deposited, fastened, thrown, scattered, cast, or otherwise distributed to any
person;
(f) Left upon any private
property without the consent of the property owners;
(g) On or in a vehicle, public transit
vehicle, or public transit shelter; or
(h) On or in a publicly-owned or operated
property.
(6) Any name,
logo, sign, advertisement, or other marketing campaign or program of or on
behalf of a licensee, regardless of the medium, must not:
(a) Include reference to, or be accompanied
by, any image bearing a resemblance to a cartoon character or of any individual
(actual or fictional) more than fifteen percent (15%) of whose audience is, or
should be reasonably anticipated to be, composed of minors;
(b) 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 medical cannabis;
(c) Suggest, by direct or indirect reference,
a relationship to edibles (including candy, cookies, brownies, cakes, and the
like) or beverages;
(d) Include
designs or other presentational effects that are commonly used to target
minors;
(e) Suggest or otherwise
indicate that the product or entity in the advertisement has been approved or
endorsed by the Commission, the State of Alabama or any person, entity or
agency associated with the State of Alabama;
(f) Advertise in a manner that is
inconsistent with the medicinal and approved use of medical cannabis;
(g) Encourage the use of medical cannabis for
a condition other than a qualifying medical condition;
(h) Contain any statement, design,
representation, picture, or illustration that contains or communicates:
1. False or misleading statements;
2. Names other than the registered name of
the licensee's registered business name or an approved d/b/a, or the registered
name of medical cannabis or related products;
3. A depiction of cannabis plants or any part
thereof, except with respect to:
(a) signs,
displays and marketing material provided inside a dispensing site, including
but not limited to brochures or other written materials provided directly to
patients and caregivers within the sales area of a dispensing site,
or
(b) on a website maintained by
the licensee for the exclusive use of patients and caregivers.
4. Slang terms and similar
references, including words or depictions directly or indirectly referring to,
unlicensed uses of cannabis;
5.
Disparagement of a competitor's products;
6. Obscene, indecent, or profane statements
or depictions; or
7. Statements as
to the health benefits or therapeutic benefits of cannabis or medical cannabis,
and statements as to the safety or efficacy of cannabis or medical cannabis
unless supported by substantial clinical data.
(7) A licensee may develop a website or
otherwise establish a web presence advertising the name, business address,
contact information, and services provided by the licensee. A licensee's
website shall require each user's affirmation that the user is not a minor
before access to the website is granted. A licensee that establishes any type
of web presence shall not:
(a) Allow for
direct engagement between or among consumers or consumer-generated content
including but not limited to consumer reviews or testimonials; notwithstanding
the foregoing, licensees are not prohibited from seeking or obtaining direct
patient feedback or sharing actual unsolicited statements made by consumers to
the licensee, so long as the content of the statement does not otherwise
violate any prohibitions contained in this Rule.
(b) Provide a medium for website users to
transmit website content to minors;
(c) Target a consumer group with a high
likelihood of reaching or appealing to minors;
(d) Display or otherwise post content that
has not been submitted to the Commission under paragraph 4 of this Rule, if
such content has been created or produced within Alabama or is specifically
targeted to or available only to Alabama residents;
(e) Transact business or otherwise facilitate
a sales transaction to consumers or businesses; or
(f) Maintain a web presence that would
otherwise violate the Act or these Rules.
(8) Licensees shall not do any of the
following:
(a) Display external signage larger
than sixteen inches in height by eighteen inches in width that is not attached
to the entity's permanent structure or vehicle;
(b) Illuminate a sign advertising a medical
cannabis product or strain at any time;
(c) Sell or otherwise distribute clothing,
apparel, or wearable accessories, unless such sale or distribution is to an
employee for purposes of identification while at the licensed
facility;
(d) Advertise medical
cannabis brand names or utilize graphics related to medical marijuana on the
exterior of any building or vehicle operated by the licensee; and
(e) Display medical marijuana, medical
marijuana products, or medical marijuana paraphernalia that is visible from the
exterior of the facility.
(9) This Rule, as it pertains to
advertisements, does not apply to noncommercial messages, i.e., the content of
which is primarily for charitable, educational, or public service purposes and
does not overtly seek profit or promote the licensee or its products.
Author: William H. Webster
Statutory Authority:
Code of Ala.
1975, §§
20-2A-22, as
amended.
