Current through all regulations passed and filed through December 16, 2024
(A)
For purposes of
this rule "advertisement" means any written or verbal statement, illustration,
or depiction created to induce sales through a combination of letters,
pictures, objects, lighting effects, illustrations, or other similar means. An
"advertisement" includes brochures, promotional material and other marketing
materials. An advertisement that renders medical marijuana or medical marijuana
products attractive to children is prohibited.
(B)
The state of Ohio
has a compelling interest in ensuring that any advertisement or marketing
campaigns related to or involving medical marijuana does not encourage,
promote, or otherwise create any impression that marijuana is legal or
acceptable to use in a manner except as specifically authorized under Chapter
3796. of the Revised Code, or the rules promulgated in accordance with Chapter
3796. of the Revised Code, or that recreational marijuana use has any potential
health or therapeutic benefits, or that recreational marijuana use or
possession is somehow legal.
(C)
A dispensary
shall not use a name, logo, sign or advertisement unless the name, logo, sign
or advertisement has been submitted to the state board of pharmacy and the
applicable advertising approval fee has been paid. Materials submitted to the
board shall include, but are not limited to:
(1)
A brief
description of the format, medium and length of the
distribution;
(2)
Verification that an actual patient is not being used
on the advertisement;
(3)
Verification that an official translation of a foreign
language advertisement is accurate;
(4)
Annotated
references to support statements related to effectiveness of treatment;
and
(5)
A final copy of the advertisement, including a video
where applicable, in a format acceptable to the board.
(D)
Until
September 8, 2019, the state board of pharmacy shall have fifteen business days
to review materials submitted under paragraph (C) of this rule. Beginning
September 9, 2019, the board shall have ten business days to review materials
submitted under paragraph (C) of this rule.
(1)
After the state
board of pharmacy reviews the proposed advertisement, the board may:
(a)
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 a
disclosure;
(b)
Make recommendations with respect to changes that are
necessary to protect the public health, safety, and welfare; or
(c)
Prohibit the use
of the advertisement.
(2)
If the state
board of pharmacy does not complete one of the actions permitted under
paragraph (D)(1) of this rule within the applicable review period, the
submitted materials may be used in accordance with this division. Failure by
the board to act within the applicable review period, however, does not
constitute a waiver of its authority to undertake any of the actions permitted
by this rule and the rules promulgated pursuant to Chapter 3796. of the Revised
Code, if it is subsequently determined that the submitted material violates any
provision of this Chapter 3796. of the Revised Code or this
division.
(E)
No dispensary shall place or maintain, or cause to be
placed or maintained, an advertisement of medical marijuana or medical
marijuana products, including paraphernalia, in any form or through any
medium:
(1)
Within five hundred feet of the perimeter of a prohibited facility, a community
addiction services provider as defined under section
5119.01 of the Revised Code, a
game arcade admission to which is not restricted to persons aged twenty-one
years or older, or any other location where the placement of the advertisement
targets or is attractive to children, as determined by the state board of
pharmacy;
(3)
On a radio or
television broadcast;
(a)
A radio or television broadcast includes a system for
transmitting sound alone or visual images and sound; and
(b)
Includes
broadcast, cable, on-demand, satellite, or internet
programming;
(4)
On any handheld or other portable sign;
(5)
With respect to
public places, on a handbill, leaflet, or flyer directly handed, deposited,
fastened, thrown, scattered, cast, or otherwise distributed to any
person;
(6)
Left upon any private property without the consent of
the property owners;
(7)
On or in a public transit vehicle or public transit
shelter; or
(8)
On or in a publicly-owned or operated
property.
(F)
An advertisement for a dispensary, regardless of the
medium, shall not:
(1)
Include any image bearing a resemblance to a cartoon
character, fictional character whose target audience is children or youth, or
pop culture icon;
(2)
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 marijuana, to an individual under eighteen
years of age.
(3)
Contain any statement, design, representation, picture
or illustration that is:
(b)
A departure from
the medical marijuana registered name, including, marijuana leaves, slang
terms, and similar references;
(c)
Disparaging to a
competitor's products;
(d)
Obscene or indecent; or
(e)
Related to the
safety or efficacy of marijuana, unless supported by substantial evidence or
substantial clinical data.
(4)
Suggest or
otherwise indicate that the product or entity in the advertisement has been
approved or endorsed by the department of commerce, the state board of
pharmacy, the state of Ohio or any person or entity associated with the state
of Ohio; or
(5)
Encourage the use of medical marijuana for a condition
other than a qualifying medical condition.
(G)
A dispensary may
develop a website or otherwise establish a web presence advertising the name,
business address, contact information, and services provided by a dispensary. A
dispensary operating a website shall require age affirmation of at least
eighteen years of age by the user before access to the website is granted. A
dispensary that establishes any type of web presences shall not:
(1)
Allow for direct
engagement between consumers or user-generated content or
reviews;
(2)
Provide a medium for website users to transmit website
content to individuals under the age of eighteen;
(3)
Display or
otherwise post content that has not been submitted to the state board of
pharmacy pursuant to paragraph (C) of this rule;
(4)
Facilitate sales
transactions to any patient, caregiver, or medical marijuana
entity;
(5)
Target a consumer audience under the age of eighteen;
or
(6)
Maintain a web presence in violation of Chapter 3796.
of the Revised Code or this division;
(H)
A dispensary
shall not:
(1)
Display external signage larger than sixteen inches in height by eighteen
inches in width that is not attached to the entity's permanent
structure;
(2)
Illuminate a sign advertising medical marijuana at any
time;
(3)
Sell or otherwise distribute clothing, apparel, or
wearable accessories, unless such sale or distribution is to an employee for
purposes of identification while working for the licensed
entity;
(4)
Advertise medical marijuana brand names or use graphics
related to medical marijuana on the exterior of the building in which the
dispensary is operating; and
(5)
Display medical
marijuana or paraphernalia that is visible from the exterior of the
dispensary.
(I)
No dispensary shall license or otherwise expressly
authorize any third party to use or advertise in a manner prohibited by this
division.
(J)
This rule, as it pertains to advertisements, does not
apply to a noncommercial message.