230 R.I. Code R. 230-RICR-80-05-1.10

Current through November 7, 2024

Section 230-RICR-80-05-1.10 - Advertising

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.

B. Digital, Electronic and Web-based Advertising

1. In addition to complying with the advertisement criteria and prohibitions outlined above, a licensee advertising on a digital, electronic or web-based platform must:

a. Utilize appropriate measures to ensure that individuals visiting the platform are over twenty-one (21) years of age and are authorized to use and/or purchase listed products. If appropriate measures to ensure that individuals visiting the platform are over twenty-one (21) years of age are not available, the licensee shall not advertise on such a platform.

b. Not utilize unsolicited pop-up or banner advertising on the platform other than on age-restricted websites for people twenty-one (21) years of age and over who consent to view marijuana-related material.

C. Required Statements on all Advertising

1. A licensee must include the following statements on all advertising regardless of the medium:

a. "For use only by qualified patients"; and

b. The license number of the licensee.

D. Objectionable and Non-Conforming Advertising

1. DBR reserves the right to take action, including the use of enforcement measures, against any licensee who fails to comply with the advertising provisions of this Part, including, without limitation, specifying a period of time by which the licensee shall cease the non-compliant advertising and remove any advertising still being published or displayed.

230 R.I. Code R. 230-RICR-80-05-1.10

Amended effective 3/25/2020