Mont. Admin. r. 42.39.123 - ADVERTISING
(1) A licensee may promote its business and
market its brand but may not advertise marijuana or marijuana products except
in electronic advertising.
(2)
"Advertise or advertising" means the publication, dissemination, solicitation,
or circulation of visual, oral, or written communication to directly induce any
person to purchase or consume marijuana or marijuana products. Advertising
includes the promotion of special pricing, sales, or discounts on marijuana and
marijuana products. Advertising does not include branding, marketing, or
packaging and labeling of marijuana and marijuana products or information
regarding special pricing, sales, or discounts on display within a licensed
premises.
(3) "Billboard" means a
sign that directs attention to a business, commodity, service, entertainment,
or attraction sold, offered, or existing elsewhere than upon the same premises
where such sign is displayed.
(4)
"Brand" or "branding" means creating a unique identity for a business to target
an audience or consumers. Branding does not include references to specific
marijuana or marijuana products.
(5) "Market" or "marketing" means an action a
business uses to promote their brand, location, or services. Marketing does not
include references to specific marijuana or marijuana products.
(6) A licensee may use the phrase "marijuana"
or "cannabis" in its signage or in its electronic advertising.
(7) A licensee's outdoor signage may not use
colloquial terms for marijuana or marijuana products (e.g., pot, reefer, weed)
and may not use an image or visual representation of useable marijuana,
marijuana-infused products, marijuana concentrates, marijuana paraphernalia, or
an image that indicates the presence of a product such as smoke, edibles,
etc.
(8) A licensee's outdoor
signage must comply with any applicable local jurisdiction sign ordinances and
regulations.
(9) A marijuana
business that maintains a webpage must utilize appropriate measures to verify
that individuals visiting the webpage are 21 years of age or older.
(10) Marijuana business social media accounts
that advertise marijuana or marijuana products must be private and must contain
a clearly visible notice on the main page stating that only persons 21 years of
age or older may follow the account. A marijuana business that uses a QR code
in an electronic advertisement must utilize appropriate measures to verify that
individuals visiting the QR code's webpage are 21 years of age or
older.
(11) A marijuana business
may not:
(a) engage in advertising via
marketing directed towards location-based devices, including, but not limited
to cellular phones, unless users affirmatively opt in to receiving push
notifications related to marijuana or marijuana-related products;
(b) utilize unsolicited pop-up or push-to
advertising on the internet;
(c)
advertise on television, radio, or in print such as newspapers, magazines,
flyers, and mailers;
(d) engage in
advertising or utilize signage that asserts its products are safe;
(e) utilize a billboard;
(f) use objects such as toys or inflatables,
movie or cartoon characters, or any other depiction or image likely to be
appealing to youth, where the objects, images, or depictions indicate an intent
to cause youth to become interested in the purchase or consumption of marijuana
products; or
(g) use or employ a
commercial mascot outside of, and in proximity to, a licensed marijuana
business. A "commercial mascot" means a live human being, animal, or mechanical
device used for attracting the attention of motorists and passersby so as to
make them aware of marijuana products or the presence of a marijuana business.
Commercial mascots include, but are not limited to, inflatable tube displays,
persons in costume, or wearing, holding, or spinning a sign with a
marijuana-related commercial message or image, where the intent is to draw
attention to a marijuana business or its products.
(12) The prohibition in (11)(c) does not
prohibit the use of informational pamphlets for dissemination at marijuana
trade conferences or the use or distribution of business cards. Nothing in this
rule shall be construed to allow the sale or possession of marijuana or
marijuana products outside of a licensed premises, including at
tradeshows.
(13) The prohibition in
(11)(d) does not prohibit a marijuana business from asserting that its products
have been tested by a licensed marijuana testing laboratory.
Notes
AUTH: 16-12-112, 16-12-211, MCA; IMP: 16-12-112, 16-12-211, MCA
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