Section He-C 402.23 - Advertising Restrictions(a) An ATC shall be prohibited from advertising its products or services except as allowed in this section.(b) The following shall not be considered advertising and shall be allowed: (1) A business name and logo to be used in labeling, signage, and other materials, however, the use of medical symbols, images of cannabis or cannabis products, paraphernalia, and colloquial references to cannabis or marijuana shall be prohibited from use in the business name or logo;(2) An exterior sign on the ATC building or property, which displays the business name and logo, and which meets the following additional requirements: a.Such signage shall be designed to assist qualifying patients and designated caregivers to find the ATC without drawing undue attention to the ATC such as through the use of flashing lights;b.Such signage shall not be illuminated during non-business hours; and c.A second location for cultivation and processing which is separate from the location of the dispensary area of the ATC shall not be permitted to have an exterior sign;(3) A listing in a phone book, business directory, search engine, or other place where it is reasonable for a business to maintain an informational presence of its existence, and a description of the nature of the business;(4) An ATC may maintain a website and social media site(s) for its business, which may contain the following information:a.ATC name and dispensary location;e.Strains of cannabis available, except that brand names or commercial names of cannabis strains shall not be used;g.Prices of products, including any available discounts on products;h.Educational material, including information as described in He-C 402.21 and information regarding the department's therapeutic cannabis program in general; andi.Any other information related to the ATC that is not intended to induce, directly or indirectly, the purchase of cannabis by persons who are not qualifying patients or designated caregivers;(5) The sites in (4) above shall be age-restricted in order to discourage minors from accessing the sites. The use of social media sites that cannot be age-restricted for this purpose shall be prohibited;(6) E-mail communication, including electronic newsletters, to existing qualifying patients and designated caregivers, and to other non-minor age individuals who sign up to receive such e-mail communication and newsletters, containing information permitted by (4) above; and (7) Communication and engagement for educational purposes with providers, community leaders, and state and local officials, including the dissemination of information permitted by (4) above and educational materials described in He-C 402.21.(c) Those activities and materials described in (b) above shall be subject to review by the department upon request.(d) An ATC shall not specifically direct the materials and activities allowed in (b) above to minors, or to persons 25 years of age or younger who are not qualifying patients or designated caregivers except for (b) (6) above, and shall make reasonable efforts to limit the exposure of such persons to these allowed materials and activities. However, incidental exposure to such materials and activities by such persons shall not be considered a violation of these rules.(e) The interior of the registered premises shall not be visible to public viewing from the exterior of the building or premises. This shall not prevent images of the interior of the ATC to be utilized by the ATC, on its website or social media sites or for other viewing, as long as the images do not include qualifying patients or designated caregivers, without their written consent, or security features which might compromise the security of the ATC.N.H. Code Admin. R. He-C 402.23
Adopted byVolume XXXIV Number 50, Filed December 11, 2014, Proposed by #10731, Effective 11/25/2014.Amended by Volume XXXVIII Number 45, Filed November 8, 2018, Proposed by #12653, Effective 11/1/2018, Expires 11/1/2028.