Does the cannabis legislation put limits on advertising?

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Only cannabis establishments licensed in Connecticut may advertise cannabis or services related to cannabis in this state. Businesses or individuals that certify medical marijuana patients are not licensed cannabis establishments and may not advertise cannabis-related services.

 

These restrictions apply to all advertising methods, including television, radio, billboards, outdoor signage, print publications, Internet, mobile applications, social media, or other electronic communications such as emails.

 

Anyone looking to produce a cannabis-related advertisement should read Section 33 of P.A. 21-1 (June Spec. Sess.) and Section 8 of Public Act 22-103 to ensure they comply with the laws in their entirety.

 

Prohibited activities for those advertising cannabis or cannabis-related services include, but are not limited to:

  1. Advertising that targets or is designed to appeal to individuals who are under the age of 21.
  2. Advertising using any image, or any other visual representation, of the cannabis plant or any part of the cannabis plant, including, but not limited to, the leaf of the cannabis plant.
  3. Advertising by means of an electronic or illuminated billboard between the hours of 6 a.m. and 11 p.m.
  4. Advertising where less than 90 percent of the audience for the advertisement is reasonably expected to be 21 years of age or older, based on reliable evidence.
  5. Advertising using location-based devices such as cell phones. Exceptions exist for mobile apps.
  6. Sponsoring or advertising at, or in connection with, charitable, sports, musical, artistic, cultural, social, or other similar events, unless the cannabis establishment has reliable evidence that at least 90 percent of the audience will be 21 or older.
  7. Advertising cannabis or cannabis-related products visible to the public within 1,500 feet of an elementary or secondary school ground, recreation center or facility, childcare center, playground, public park, library, or house of worship.
  8. Advertising on or in public or private vehicles or at bus stops, taxi stands, transportation waiting areas, train stations, airports, or other similar transportation venues.
  9. Operating websites that advertise cannabis or cannabis-related products without verifying that users are 21 years of age or older.

 

Prohibited advertising will be considered a violation of Connecticut’s Unfair Trade Practice Acts, which could result in civil penalties. To ensure you are following the law, please be sure to review all your advertising content and consult an attorney if needed. For all restrictions related to cannabis advertising, please review the relevant laws.

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