Current through Register No. 13, March 27, 2025
(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
c. 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;
e. Strains of cannabis available,
except that brand names or commercial names of cannabis strains shall not be
used;
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.
