Current through Register Vol. 24-18, September 15, 2024
The following provisions apply in addition to the requirements
and restrictions in RCW 69.50.369.
(1)
Advertising generally. The following requirements apply to all
advertising by cannabis licensees in Washington state.
(a) All cannabis advertising and labels of
useable cannabis, cannabis concentrates, and cannabis-infused products sold in
the state of Washington must not contain any statement, or illustration that:
(i) Is false or misleading;
(ii) Promotes over consumption;
(iii) Represents the use of cannabis has
curative or therapeutic effects;
(iv) Depicts a child or other person under
legal age to consume cannabis, or includes:
(A) The use of objects, such as toys,
inflatables, movie characters, cartoon characters suggesting the presence of a
child, or any other depiction or image designed in any manner to be likely to
be appealing to youth or especially appealing to children or other persons
under legal age to consume cannabis; or
(B) Is designed in any manner that would be
especially appealing to children or other persons under 21 years of
age.
(b) No
cannabis licensee shall place or maintain, or cause to be placed or maintained,
an advertisement of a cannabis business or cannabis product, including cannabis
concentrates, useable cannabis, or cannabis-infused product:
(i) In any form or through any medium
whatsoever within 1,000 feet of the perimeter of a school grounds, playground,
recreation center or facility, child care center, public park, library, or a
game arcade admission to which it is not restricted to persons aged 21 years or
older unless the 1,000 minimum distance requirement has been reduced by
ordinance in the local jurisdiction where the licensed retailer is located and
the licensed retailer is located within 1,000 feet of a restricted location
listed in this paragraph;
(ii) On
or in a private vehicle, public transit vehicle, public transit shelter, bus
stop, taxi stand, transportation waiting area, train station, airport, or any
similar transit-related location;
(c) All advertising for cannabis businesses
or cannabis products, regardless of what medium is used, must contain text
stating that cannabis products may be purchased or possessed only by persons 21
years of age or older. Examples of language that conforms to this requirement
include, but are not limited to: "21+," "for use by persons 21 and over only,"
etc.
(d) A cannabis licensee may
not engage in advertising or marketing that specifically targets persons
residing out of the state of Washington.
(2)
Outdoor advertising. In
addition to the requirements for advertising in subsection (1) of this section,
the following restrictions and requirements apply to outdoor advertising by
cannabis licensees:
(a) Except for the use of
billboards as authorized under RCW 69.50.369 and as provided in this section,
licensed cannabis retailers may not display any outdoor signage other than two
separate signs identifying the retail outlet by the licensee's business name or
trade name, stating the location of the business, and identifying the nature of
the business. Both signs must be affixed to a building or permanent structure
and each sign is limited to 1,600 square inches.
(i) All text on outdoor signs, including
billboards, is limited to text that identifies the retail outlet by the
licensee's business or trade name, states the location of the business, and
identifies the type or nature of the business.
(ii) No outdoor advertising signs, including
billboards, may contain depictions of cannabis plants or cannabis products.
Logos or artwork that do not contain depictions of cannabis plants or cannabis
products as defined in this section are permissible.
(A) A depiction of a cannabis plant means an
image or visual representation of a cannabis leaf, plant, or the likeness
thereof that explicitly suggests or represents a cannabis leaf or
plant.
(B) A depiction of a
cannabis product means an image or visual representation of useable cannabis,
cannabis-infused products, or cannabis concentrates, or an image that indicates
the presence of a product, such as smoke, etc.
(iii) Stating the location of the business
may include information such as the physical address or location, directional
information, website address, email address, or phone number of the licensed
business.
(iv) Identifying the
nature of the business may include information related to the operation of the
business, what the business is engaged in, or the goods the business offers for
sale.
(v) Double-sided signs or
signs with text visible on opposite sides are permissible and count as a single
sign so long as the sign is contained in or affixed to a single
structure.
(b) No
cannabis licensee may use or employ a commercial mascot outside of, and in
proximity to, a licensed cannabis business.
(c) Outdoor advertising is prohibited on
signs and placards in arenas, stadiums, shopping malls, fairs that receive
state allocations, farmers markets, and video game arcades, whether any of the
foregoing are open air or enclosed, but not including any such sign or placard
located at an adult only facility.
(d) The restrictions in this section and RCW
69.50.369 do not apply to outdoor advertisements at the site of an event to be
held at an adult only facility that is placed at such site during the period
the facility or enclosed area constitutes an adult only facility, but must not
be placed there more than 14 days before the event, and that does not advertise
any cannabis product other than by using a brand name, such as the business or
trade name or the product brand, to identify the event. Advertising at adult
only facilities must not be visible from outside the adult only
facility.
(e) A sign affixed to the
licensed premises or in the window of a licensed premises indicating the
location is open for business, closed for business, the hours of operation,
that the licensed location has an ATM inside, or other similar informational
signs not related to the products or services of the cannabis business are not
considered advertising for the purposes of this section.
(f) "Adopt-a-Highway" signs erected by the
Washington state department of transportation under a current valid sponsorship
with the department of transportation are not considered advertising for the
purposes of this section.
(3) Advertising placed on windows within the
premises of a licensed cannabis retail store facing outward must meet the
requirements for outdoor advertising as provided in RCW 69.50.369 and this
section.
(4) Promotional items such
as giveaways, coupons, and distribution of branded or unbranded merchandise are
banned. For the purposes of this section, a "giveaway" does not include
representative samples of products (edible products and topicals only) carried
by a licensed retailer that are not infused with cannabis and are offered to
customers on licensed cannabis retail premises for sampling purposes
only.
(5) Cannabis retail licensees
holding a medical cannabis endorsement may donate product to qualifying
patients or designated providers who hold a valid recognition card. Retail
licensees may not advertise "free" or "donated" product.
(6) Except for outdoor advertising under
subsection (2) of this section, all advertising must contain the following
warnings that must be in type size at least 10 percent of the largest type used
in the advertisement:
(a) "This product has
intoxicating effects and may be habit forming.";
(b) "Cannabis 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.";
and
(d) "For use only by adults 21
and older. Keep out of the reach of children."
(7) For the purposes of this section, the
following definitions apply:
(a) "Adult only
facility" means:
(i) A location restricted to
persons age 21 and older by the LCB or classified by the LCB as off limits to
persons under 21 years of age; or
(ii) A venue restricted to persons age 21 and
older and where persons under 21 years of age are prohibited from entering or
remaining, including employees and volunteers.
(b) "Billboard" means a permanent
off-premises sign in a fixed location used, in whole or in part, for the
display of off-site commercial messages with a minimum size of five feet in
height by 11 feet in width.
(c)
"Off-premises sign" means a sign relating, through its message and content, to
a business activity, product, or service not available on the premises upon
which the sign is erected.
Statutory Authority:
RCW
69.50.325,
69.50.331,
69.50.342,
69.50.345. WSR 13-21-104,
§ 314-55-155, filed 10/21/13, effective 11/21/13. WSR 13-21-003,
§ 314-55-155, filed 10/3/2013, effective
11/3/2013
