W. Va. Code R. § 64-109-23

Current through Register Vol. XLI, No. 17, April 26, 2024

Section 64-109-23 - Advertising by a medical cannabis organization

23.1. In the advertising and marketing of medical cannabis, a medical cannabis organization must be consistent with the federal regulations governing prescription drug advertising and marketing in 21 C.F.R. § 202.1 (Prescription-drug advertisements).

23.2. Advertising Restrictions

23.2.a. Medical cannabis advertising may not:

23.2.a.1. Contain statements that are deceptive, false, or misleading;

23.2.a.2. Contain any content that can reasonably be considered to target individuals under the age of 21, including but not limited to images of minors, cartoons, toys, or similar images and items typically marketed towards minors, or references to products that are commonly associated with minors or marketed by minors;

23.2.a.3. Specifically encourages the transportation of medical cannabis items across state lines or otherwise encourages illegal activity;

23.2.a.4. Display consumption of medical cannabis items;

23.2.a.5. A medical cannabis organization may not make any deceptive, false, or misleading assertions or statements on any informational material, any sign, or any document provided to a consumer.

23.2.b. A medical cannabis organization must include the following statements on all print, billboard, television, radio and internet advertising in font size legible to the viewer:

23.2.b.1. "Do not operate a vehicle or machinery under the influence of this drug."; and

23.2.b.2. "Keep out of the reach of children."

23.3. Advertising Media, Coupons, and Promotions.

23.3.a. Advertising through handbills that are passed out in public areas such as parking lots and publicly owned property is prohibited.

23.3.b. A medical cannabis organization may not utilize television, radio, billboards, print media, or internet advertising unless the medical cannabis organization has reliable evidence that no more than 30 percent of the audience for the program, publication, or internet web site in or on which the advertising is to air or appear is reasonably expected to be under the age of 21.

23.3.c. A medical cannabis organization that advertises via web page must utilize appropriate measures to ensure that individuals visiting the web page are over 21 years of age.

23.3.d. A medical cannabis organization may not engage in advertising via marketing directed towards location-based devices, including but not limited to cellular phones, unless the marketing is a mobile device application installed on the device by the owner of the device who is 21 years of age or older and includes a permanent and easy opt-out feature.

23.4. Removal of Objectionable and Non-Conforming Advertising.

23.4.a. A medical cannabis organization must remove any sign, display, or advertisement if the bureau finds it violates these rules.

23.4.b. The bureau will notify the medical cannabis organization and specify a reasonable time period for the medical cannabis organization to remove any sign, display, or advertisement that the bureau finds objectionable.

23.5. Promotional, advertising, and marketing materials must be approved by the bureau prior to their use.

23.6. This section does not apply to information provided by a grower/processor to a dispensary listing various medical cannabis items that the grower/processor is offering for sale to the dispensary.

W. Va. Code R. § 64-109-23