(a)
Permitted Practices.
1. A Marijuana Establishment may develop a
Brand Name to be used in labeling, signage, and other materials; provided
however, that use of medical symbols, images of Marijuana or Marijuana
Products, or related Paraphernalia, images that are appealing to persons
younger than 21 years old, and colloquial references to Marijuana and Cannabis
are prohibited from use in the Brand Name
2. Brand Name Sponsorship of a charitable,
sporting or similar event, so long as the following conditions are met:
a. Sponsorship of the event is limited to the
Brand Name.
b. Any advertising at
or in connection with such an event is prohibited, unless such advertising is
targeted to entrants or participants reasonably expected to be 21 years of age
or older, as determined by reliable, current audience composition data, and
reasonable safeguards have been employed to prohibit advertising from targeting
or otherwise reaching entrants or participants reasonably expected to be
younger than 21 years old, as determined by reliable, current audience
composition data; unless such advertising is targeted to entrants or
participants reasonably expected to be 21 years of age or older, as determined
by reliable, current audience composition data, and reasonable safeguards have
been employed to prohibit advertising from targeting or otherwise reaching
entrants or participants reasonably expected to be younger than 21 years old,
as determined by reliable, current audience composition data;
3. An MTC engaging in Brand Name
Sponsorship under 935 CMR 501.105(4)(a)2. shall retain documentation of
reliable, reasonable audience composition data that is the basis for allowing
any such advertising or branding for a period of one year, or longer if
otherwise required by the Commission, or a court or agency with
jurisdiction.
4. An MTC may
display, in secure, locked cases, samples of each product offered for sale and
subject to the requirements of
935
CMR 501.110 for Marijuana Treatment Centers.
These display cases may be transparent. An authorized MTC Agent may remove a
sample of Marijuana from the case and provide it to the Registered Qualifying
Patient for inspection, provided the Registered Qualifying Patient may not
consume or otherwise use the sample, unless otherwise authorized in
935 CMR
501.000.
5. The MTC may post prices in the store and
may respond to questions about pricing. The MTC shall provide a catalogue or a
printed list of the prices and strains of Marijuana available at the MTC to
Registered Qualifying Patients and may post the same catalogue or printed list
on its website and in the retail store.
6. An MTC may engage in reasonable
advertising practices that are not otherwise prohibited in 935 CMR
501.105(4)(b) that do not jeopardize the public health, welfare or safety of
the general public or promote the diversion of Marijuana or Marijuana use in
individuals younger than 21 years old or otherwise promote practices
inconsistent with the purposes of M.G.L. c. 94G or 94I. Any such advertising
created for viewing by the public shall include the statement "Please Consume
Responsibly", in a conspicuous manner on the face of the advertisement and
shall include a minimum of two of the following warnings in their entirety in a
conspicuous manner on the face of the advertisement:
a. "This product may cause impairment 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"; or
d.
"Marijuana should not be used by women who are pregnant or
breastfeeding".
(b)
Prohibited
Practices. The following advertising activities are prohibited:
1. Advertising in such a manner that is
deemed to be is deceptive, misleading, false or fraudulent, or that tends to
deceive or create a misleading impression, whether directly or by omission or
ambiguity;
2. Advertising by means
of television, radio, internet, mobile applications, social media, or other
electronic communication, billboard or other outdoor advertising, or print
publication, unless at least 85% of the audience is reasonably expected to be
21 years of age or older or comprised of individuals with debilitating
conditions, as determined by reliable and current audience composition
data;
3. Advertising, including
statements by a Licensee, that makes any false or statements concerning other
Licensees and the conduct and products of such other Licensees that is
deceptive, misleading, false or fraudulent, or that tends to deceive or create
a misleading impression, whether directly or by omission or
ambiguity;
4. Advertising on any
billboards or any other public signage which fails to comply with all state
laws and local ordinances;
5.
Installation of any illuminated signage or external signage beyond the period
of 30 minutes before sundown until closing; provided however, that the
Commission may further specify minimum signage requirements;
6. The use of vehicles equipped with radio or
loudspeakers for the advertising of Marijuana or Marijuana Products;
7. The use of radio or loudspeaker equipment
in any MTC for the purpose of attracting attention to the sale of Marijuana or
Marijuana Products;
8. Operation of
any website of an MTC that fails to verify that the entrant is a Qualifying
Patient or Caregiver or the entrant is 21 years of age or older;
9. Use of unsolicited pop-up advertisements
on the internet or text message; unless the advertisement is a mobile device
application installed on the device by the owner of the device who is a
Qualifying Patient or Caregiver or 21 years of age or older and includes a
permanent and easy opt-out feature;
10. Any advertising, including the use of
Brand Names, of an improper or objectionable nature including, but not limited
to, the use or language or images offensive or disparaging to certain
groups;
11. Any advertising solely
for the promotion of Marijuana or Marijuana Products on MTC Branded Goods
including, but not limited to, clothing, cups, drink holders, apparel
accessories, electronic equipment or accessories, sporting equipment, novelty
items and similar portable promotional items;
12. Advertising on or in public or private
vehicles and at bus stops, taxi stands, transportation waiting areas, train
stations, airports, or other similar transportation venues including, but not
limited to, vinyl-wrapped vehicles or signs or logos on transportation vehicles
not owned by the MTC;
13. The
display of signs or other printed material advertising any brand or kind of
Marijuana or Marijuana Products that are displayed on the exterior of any
licensed Premises;
14. Advertising
of the price of Marijuana or Marijuana Products, except as permitted above
pursuant to 935 CMR 501.105(4)(a)5.;
15. Display of Marijuana or Marijuana
Products so as to be clearly visible to a person from the exterior of an
MTC;
16. Advertising, marketing or
branding including any statement, design, representation, picture, or
illustration that encourages or represents the use of Marijuana for any purpose
other than to treat a Debilitating Medical Condition or related
symptoms;
(c) The
Commission shall maintain and make available a list of all MTCs, their
dispensing location, and their contact information.
(d) Nothing in 935 CMR 501.105(4) prohibits
an MTC from using a mark provided by the Commission which uses images of
Marijuana.
(e) CMOs shall comply
with the requirements of each
935
CMR 500.105(4):
Advertising Requirements and 935 CMR 501.105(4) with respect
to the applicable license. A CMO may develop a single marketing campaign;
provided, however, it shall apply the most restrictive requirements applicable
under either license.