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006.02.7-19. Marketing and Advertising

AR ADC 006.02.7-19Arkansas Administrative CodeEffective: May 30, 2022

West's Arkansas Administrative Code
Title 006. Department of Finance and Administration
Division 02. Alcoholic Beverage Control
Rule 7. Rules Governing the Oversight of Medical Marijuana Cultivation Facilities, Processors and Dispensaries by the Alcoholic Beverage Control Division
Effective: May 30, 2022
Ark. Admin. Code 006.02.7-19
Formerly cited as AR ADC 006.02.7-17
006.02.7-19. Marketing and Advertising
19.1 Advertising and Marketing Medical Marijuana
a. Cultivation Facility and Processor Advertising and Marketing.
i. Cultivation facilities and processors shall not advertise through any public medium or means designed to market its products to the public.
ii. Cultivation facilities may market their products directly to dispensaries by any means directed solely to the dispensaries and not available to the public.
iii. Processors may market their services directly to licensed cultivation facilities and dispensaries by any means directed solely to the cultivation facilities and dispensaries and not available to the public.
iv. A cultivation or dispensary facility shall not use any of the following images within an advertisement, including without limitation:
1. A cross;
2. A caduceus; or
3. Any other symbol that is commonly associated with the practice of medicine or the practice of pharmacy.
b. Dispensary Advertising and Marketing.
i. Advertising for medical marijuana by dispensaries shall not:
1. Contain statements that are deceptive, false, or misleading;
2. Contain any content that can reasonably be considered to target children, including, but not limited to:
a. Cartoon characters;
b. Toys; or
c. Similar images and items typically marketed towards children.
3. Encourage the transportation of medical marijuana across state lines;
4. Display consumption of marijuana;
5. Contain material that encourages or promotes marijuana for use as an intoxicant; or
6. Contain material that encourages excessive or rapid use or consumption.
ii. Advertising and marketing for medical marijuana shall include the following statements:
1. “Marijuana is for use by qualified patients only. Keep out of reach of children.”;
2. “Marijuana use during pregnancy or breastfeeding poses potential harms.”;
3. “Marijuana is not approved by the FDA to treat, cure, or prevent any disease.”; and
4. “Do not operate a vehicle or machinery under the influence of marijuana.”
iii. Dispensaries shall not make any deceptive, false, or misleading assertions or statement on any information material, any sign, or any document provided to a consumer.
iv. Advertising Location Restrictions.
1. A dispensary shall not place or maintain, or cause to be placed or maintained, any advertisement or marketing material for medical marijuana in the following locations:
a. Within 1,000 feet of the perimeter of a public or private school or daycare center.
b. On or in a public transit vehicle or public transit shelter; or
c. On or in a publicly-owned or operated property.
v. Advertising Audience Restrictions
1. A dispensary shall not utilize television, radio, print media, or the internet to advertise and market medical marijuana, unless the licensee has reliable evidence that no more than 30 percent of the audience for the program, publication, or website in or on which the advertisement is to air or appear is reasonably expected to be under the age of 18.
2. Upon request by the division, a licensee shall provide the evidence relied upon to make the determination that no more than thirty (30) percent of the audience for the program, publication, or website in or on which the advertisement is to air or appear is reasonably expected to be under the age of 18.
vi. Licensed facilities shall not offer any coupons, rebates, or promotions for medical marijuana purchases, unless offered as part of a compassionate care plan presented to the Medical Marijuana Commission as part of the application for licensure.
19.2 Building Signage Requirements
a. Licensed facilities shall have no more than three (3) signs visible to the general public from the public right-of-way, that identify the facility by its business name.
b. Each sign shall not exceed thirty-six (36 sq. ft.) square feet in length or width.
c. Signs shall be placed inside the licensed facility's window or attached to the outside of the building.
d. Signage shall not display any of the following:
i. Any content or symbol that can reasonably be considered to target children, including, but not limited to:
a. Cartoon characters;
b. Toys; or
c. Similar images and items typically marketed towards children.
ii. Any content or symbol commonly associated with the practice of medicine or the practice of pharmacy, including, but not limited to:
a. A cross of any color;
b. A caduceus; or
c. Any other symbol that is commonly associated with the practice of medicine, the practice of pharmacy, or healthcare, in general.

Credits

Adopted July 29, 2017. Amended July 16, 2020; May 30, 2022.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 006.02.7-19, AR ADC 006.02.7-19
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