Okla. Admin. Code § 442:10-7-3

Current through Vol. 42, No. 7, December 16, 2024

Section 442:10-7-3 - Advertising

(a) Commercial licensees shall not engage in, circulate, or otherwise cause the dissemination of advertising that contains any materials prohibited under Oklahoma law and these rules.

(b) Advertising for medical marijuana and medical marijuana products shall not contain any statements, illustrations, or other material that:

(1) Is deceptive, false, or misleading;

(2) Represents that a licensee is engaged in medical marijuana commercial services for which the licensee is not licensed;

(3) Promotes overconsumption;

(4) Represents that the use of marijuana has curative or therapeutic effects;

(5) Depicts a child or other person under legal age consuming marijuana;

(6) Depicts objects such as toys, cartoons, cartoon characters, or similar images, which suggest the presence of a child, or any other depiction designed in any manner to be especially appealing to children or other persons under legal age to consume marijuana;

(7) Has any manner or design that would be especially appealing to children or other persons under eighteen (18) years of age; or

(8) Could cause a reasonable patient to believe the medical marijuana was grown in another state or to be confused as to the state of origin of the medical marijuana or medical marijuana product.

(c) For purposes of this section, information that is deceptive, false, or misleading includes:

(1) Any indication that the medical marijuana or medical marijuana product is organic, unless the National Organic Program (Section 6517 of the federal Organic Foods Production Act of 1990 (7 U.S.C. Section 6501 et seq.)) authorizes organic certification and designation for marijuana and marijuana products. This includes variants of the word "organic" such as "organix" and "organique."

(2) Any indication that the medical marijuana or medical marijuana product is "Pesticide-free," unless the medical marijuana or a medical-marijuana product was grown, harvested, processed, and dispensed without any pesticide.

Okla. Admin. Code § 442:10-7-3

Adopted by 40 Ok Reg 382, eff 11/1/2022 (emergency); Adopted by Oklahoma Register, Volume 40, Issue 22, August 1, 2023, eff 8/11/2023