Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.39 - CANNABIS CONTROL › Subchapter 42.39.1 - General Requirements › Rule 42.39.123 - ADVERTISING

Current through Register Vol. 13, July 5, 2024
(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.