Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 80 - Marijuana › Subchapter 05 - Medical Marijuana › Part 1 - Rules and Regulations Related to the Medical Marijuana Program Administered by the Office of Cannabis Regulation at the Department of Business Regulation › Section 230-RICR-80-05-1.10 - Advertising

Current through June 14, 2024
A. Advertising Prohibitions (R.I. Gen. Laws
				  §§
										21-28.6-6(g)(8),
				  21-28.6-12(f)(1)(viii)
				  and 21-28.6-16(b))
1. A licensee may not advertise in a manner
				  which is observed by or targets the general public. All advertising must be
				  restricted to a registered patient audience.
2. In the course of promoting a licensee's
				  brand, medical marijuana or medical marijuana products, a licensee may not
				  advertise or cause any advertising or agent to advertise in a manner that:
a. Is attractive to persons under twenty-one
				  (21) years of age;
b. Promotes
				  non-medical use;
c. Promotes
				  activity that is illegal under Rhode Island law;
d. Is contrary to or in direct violation of
				  state or federal consumer protections; or e. Otherwise presents a significant
				  risk to public health and safety.
3. Any advertising by or on behalf of a
				  licensee shall not:
a. Contain statements
				  that are deceptive, false or misleading;
b. Display images or representations of
				  marijuana plants, marijuana or marijuana products;
c. Display the consumption, use or transfer
				  of marijuana or marijuana products;
d. Include claims related to potency (beyond
				  listing of cannabinoid content);
e.
				  Include any prices or the term "sale," "discount," "coupon," "special" or
				  similar terms;
f. Depict activities
				  or persons in conditions under the influence of marijuana, including but not
				  limited to operating a motorized vehicle, boat or machinery, or persons who are
				  pregnant or breastfeeding;
g.
				  Contain any content that can reasonably be considered to target individuals
				  under the age of twenty-one (21), including but not limited to images of
				  persons under twenty-one (21) years of age, cartoons, toys or similar images
				  and items typically marketed towards persons under twenty-one (21) years of age
				  or references to products that are commonly associated with persons under
				  twenty-one (21) years of age or marketed to persons under twenty-one (21) years
				  of age;
h. Contain any imitation of
				  candy advertising;
i. Include the
				  term "candy" or "candies";
j.
				  Encourage the transportation of marijuana or marijuana products across state
				  lines or otherwise encourage illegal activity;
k. Assert that marijuana or marijuana
				  products are safe because they are regulated by DBR or have been tested by a
				  testing facility or otherwise make claims that any government agency endorses
				  or supports marijuana;
l. Make
				  claims that marijuana has curative or therapeutic effects;
m. Contain any health or physical benefit
				  claims, including but not limited to health or physical benefit claims on
				  labels or packaging; or n. Contain material that encourages excessive or rapid
				  consumption.
4. No
				  licensee or agent of a licensee may:
a. Make
				  any deceptive, false or misleading assertions or statements on any
				  informational material, any sign or any document provided to a patient,
				  registered caregiver or authorized purchaser;
b. Distribute handbills in public areas or on
				  publicly owned property;
c.
				  Advertise within the prohibited distance of one thousand (1,000) feet (or such
				  greater distance if prescribed by the municipality in which the advertising is
				  located) of the property line of an existing public or private
				  school;
d. Advertise on television,
				  radio, or print media;
e. Advertise
				  in any manner that is viewable or can otherwise be perceived in a public space,
				  including but not limited to billboards, bus wraps, benches, adopt a highway
				  signs, or any format that may be viewable from roads or walkways;
f. Engage in advertising via marketing
				  directed towards location-based devices or electronic devices, including but
				  not limited to cellular phones, unless the marketing is a mobile device
				  application targeted to a registered patient audience and not a public
				  audience, and that is installed on the device by the owner of the device who is
				  a registered patient and includes a permanent and easy opt-out
				  feature;
g. Engage in any form of
				  advertising which promotes application or enrollment into the program or the
				  services of the practitioner or any other party which facilitates patient
				  registration; or h. Permit use of the licensee's trademarks, brands, names,
				  locations or other distinguishing characteristics for third-party use on
				  advertising in a manner that does not comply with §
												1.10   of this Part or
				  any other statute, rule or regulation.
5. In the event a third party has used a
				  licensee's brand, trademark, brand name, location or other distinguishing
				  characteristics in an advertisement that does not comply with §
											1.10   of
				  this Part or any other statute, rule or regulation, the licensee must
				  immediately notify DBR and issue a cease-and-desist notice to such third
				  party.