Advertising Guidance
All licensed and registered cannabis businesses and cannabis-related advertising must comply with the statutory requirements of Title 36, Subtitle 9, Alcoholic Beverages and Cannabis Article, Annotated Code of Maryland. This document is not legal advice. It is meant to summarize statutory requirements for cannabis businesses. Please consult an attorney if you have any questions regarding the legal requirements that apply.
Updated regulatory bulletins and guidance
- Advertising Restrictions - PDF - 261.45 KB
- Branded Merchandise Advertisement Bulletin - PDF - 226.93 KB
- Medical and Therapeutic Claims Bulletin - PDF - 214.88 KB
Definition
Advertisement means any publication, dissemination, or circulation of any auditory, visual, digital, oral, or written matter, which is directly or indirectly calculated to induce the sale of cannabis or any cannabis-related product or service. Md. Code Ann., Alc. Bev. § 36-901.
This includes but is not limited to:
- Event sponsorship
- Tabling an event
- Sponsored social media posts
- Email blasts
- Direct mail campaigns
- Radio, TV, or internet ads
- Any promotional items distributed for free, off-site
- Branded merchandise See Md. Code Ann., Alc. Bev. § 36-903(a).
Medical claims
A cannabis advertisement may not include any medical or therapeutic claims unless it:
- Is supported by competent and reliable scientific evidence (e.g., two or more blinded, well-controlled clinical trials) and
- Includes information on the most serious and significant side effects or risks associated with the use of cannabis. See Md. Code Ann., Alc. Bev. § 36-902.
All advertisements
A cannabis licensee, product, or service may not:
- Make false or misleading claims,
- Directly or indirectly target individuals under the age of 21 years, or
- Contain a design, illustration, picture, or representation that:
- targets or is attractive to minors, including a cartoon character, mascot, or any other depiction that is commonly used to market products to minors,
- displays the use of cannabis (smoking, vaping, or consuming),
- encourages or promotes cannabis for use as an intoxicant, or
- is obscene
See Md. Code Ann., Alc. Bev. § 36-903(a)(1).
Signs, billboards, and other graphic displays
An advertisement for a cannabis licensee, cannabis product, or cannabis-related service may not be placed on the side of a building or any other publicly visible location (for example, a window facing the street).
This includes a:
- sign;
- poster;
- placard;
- device;
- graphic display;
- outdoor billboard; or
- freestanding signboard.
Exception: a cannabis business may place exterior signage on the premises of the business for the limited purpose of identifying the location of the business to the public.
See Md. Code Ann., Alc. Bev. § 36-903(a)(1)(v) & (a)(2)
Audience composition
A cannabis advertisement may not be placed on television, radio, internet, mobile application, social media, or other electronic communication, event sponsorship, or print publication unless at least 85% of the audience is reasonably expected to be at least 21 years old as determined by reliable and current audience composition data.
MCA may require a licensed business advertising, or seeking to advertise, in any of these media formats to submit audience composition data in order to confirm any advertisement complies with this statutory requirement.
See Md. Code Ann., Alc. Bev. § 36-903(a)(1)(iv)
Audience composition data submission
This form is used to submit audience composition data for review by MCA.
A cannabis licensee can use this form to submit audience composition data for review by MCA prior to running an advertisement. For this purpose, submission is optional. If a licensee submits audience composition data for review by MCA, MCA will attempt to complete review and offer an opinion as to whether the audience composition is at least 85% individuals who are 21 years old or older within 30 days. Some reviews may take longer depending upon the complexity and volume of the data submitted.
MCA may request a licensee to submit the audience composition data for an advertisement at any time. In such a case, the licensee must use this form to submit the requested data.
Audience composition data is the information collected, usually by the advertising platform, about the demographic make-up of the audience. Audience composition data can come from surveys, ticket sales, web analytics or other sources. A letter stating a conclusion that the audience is 85% or more individuals aged 21 years old or older is not audience composition data.
A determination that the audience composition data shows that 85% or more of the audience is 21 years old or older is not an approval of the content or any other aspect of the advertisement.
Questions may be directed to [email protected]
Website
Any cannabis-related website must employ a neutral age-screening mechanism that verifies a user as at least 21 years old, including by using an age-gate, age-screen, or age-verification mechanism BEFORE the (1) user may access or view any content and (2) website may collect any personal information, including address, email, phone number, or contact information.
A neutral age-screening mechanism is one that requires a person to enter their date of birth in order to gain access to the website. A neutral age-screening mechanism is not one that prompts a person to click “yes” or “no” as to whether they are at least 21 years old.
Exception: If a website is appropriate for a qualifying patient who is under the age of 21 years the website shall provide an alternative screening mechanism through which to provide the qualifying patient with access to those portions of the website appropriate for such a patient. See Md. Code Ann., Alc. Bev. § 36-903(b)(1)
Social media
Any advertisement must include a notification that an individual must be at least 21 years old to view the content. See Md. Code Ann., Alc. Bev. § 36-903(b)(2)
Third party advertisements
Licensees may not avoid these advertising requirements by employing third parties or otherwise outsource advertising. Further, licensees will be held responsible for third parties that use licensees’ trademarks, brands, names, locations, or other distinguishing characteristics for advertisements that do not comply with these requirements. See Md. Code Ann., Alc. Bev. § 36-903(b)(3)
Event sponsorship
A cannabis business may sponsor, table at, or otherwise participate in an event if:
- The cannabis business demonstrates to the MCA that at least 85% of event attendees are reasonably expected to be at least 21 years of age or older;
- Demonstration of audience composition may include:
- Ticket sales;
- Evidence that the event will be age-restricted;
- Surveys of previous event attendees; and/or
- Other attestations from the event holder and the licensee presenting facts within the personal knowledge of the person signing the attestation that demonstrate that at least 85% of event attendees are reasonably expected to be 21 years of age or older.
- Any signage, displays, or other materials displaying information about the cannabis business is not visible to any individual not in attendance at the event; and
- Any promotion, flyers, or other advertisement of an event sponsored by the licensed entity must also comply with these existing advertising and audience composition restrictions. See Md. Code Ann., Alc. Bev. § 36-903(a).
- Demonstration of audience composition may include:
Branded merchandise
Branded merchandise may be sold at a fair market value to individuals 21 years old or older, at the licensed premises or at an event sponsored by the licensee that otherwise complies with advertising restrictions. However, these products may not directly or indirectly target individuals under the age of 21, display the use of cannabis, encourage cannabis as an intoxicant, or be obscene. This includes any cartoons, mascots, or any other image or design that appeals to minors. The prohibitions on advertisements in 36-903(a)(1)(ii) and 36-903(a)(1)(iii) apply to these materials as well.
Direct mail campaigns
Direct mail may be sent to homes only if addressed to individuals 21 years of age or older, in a sealed envelope, and any advertisement, promotion, or other branding is not visible from the outside of the envelope. See Md. Code Ann., Alc. Bev. § 36-903(a)(1)(ii).
Advertising violations
To encourage compliance, fines for advertising violations have been amended as follows:
- The fine for a second violation occurring within 24 months after the first violation has increased from $5,000 to $10,000.
- The fine for a third violation occurring within 24 months after the second violation is increasing from $10,000 to $25,000.
- A new, $50,000 fine has been established for any subsequent violation beyond the third violation within 24 months.
- Any violation that occurred between May 3, 2023 and June 7, 2024 counts for the purpose of calculating the appropriate fine.
See Md. Code Ann., Alc. Bev. § 36-903(c); COMAR 14.17.14.06.
Frequently asked questions
Medical cannabis advertising FAQs
Any medical or therapeutic claims must be supported by two or more adequate, well-controlled, double-blinded clinical studies. This is the same standard applied to prescription drugs and dietary supplements by the U.S. Food and Drug Administration. This standard was announced in Maryland by the Court of Special Appeals of Maryland in T-UP, INC. et al., v. CONSUMER PROTECTION DIVISION, Office of the Attorney General.
An advertisement for medical cannabis may not contain any statement or image that: is false or misleading; encourages or represents the recreational use of cannabis; targets or is attractive to minors; displays the use of cannabis (including the consumption, smoking, or vaping of cannabis); encourages or promotes cannabis for use as an intoxicant; or is obscene.
If an advertisement makes any therapeutic or medical claim, the claim must be “supported by substantial clinical evidence or substantial clinical data” and “include information on the most significant side effects or risks associated with the use of cannabis.” For more information regarding medical or therapeutic claim requirements, see Q6 below.
Yes. The website must employ a neutral age-screening mechanism to verify that the user is at least 18 years of age, such as an age-gate, age-screen, or age verification mechanism.
Other than signage placed on property owned or leased by a dispensary, grower, or processor, billboards or signs advertising medical cannabis products or services may not be placed within 500 feet of: a substance abuse or treatment facility; a primary or secondary school, or a family child care home; or a playground, recreation center, library, or public park.
Health-General Article, § 13-3313.1, Annotated Code of Maryland
Yes. You may request an advisory opinion by submitting an email to [email protected] with the subject line "Request for Advisory Opinion on Proposed Advertising Material." The email should briefly describe the content of the proposed advertising material and the proposed mode of distribution. The proposed advertising material should be attached to the email.
Pursuant to COMAR 14.17.14.06, the MCA will provide an advisory opinion on whether a proposed advertisement submitted to MCA in accordance with the process described above complies with Health-General §13-3313.1. Generally, this process takes at least 45 days.
Please note that an advisory opinion will be limited to addressing whether specific material, as opposed to a website or social media profile in total, complies with the statutory restrictions on medical cannabis advertisements.
Health-General Article, §13–3313.1(a)(1), Annotated Code of Maryland requires that medical cannabis advertisements that make therapeutic or medical claims include information on the most significant side effects or risks associated with the use of cannabis. The following statements sufficiently address the most significant side effects or risks associated with the use of cannabis:
Consumption of medical cannabis may impair your ability to drive a car or operate machinery. Please use extreme caution.
There may be health risks associated with cannabis use, especially during pregnancy or breast-feeding.
Accidental consumption of cannabis by children or animals may result in severe adverse reactions. Keep cannabis out of the reach of children and animals.
Yes. Advertising materials created by a third party must comply with the restrictions set forth in Health-General Article, §13–3313.1, Annotated Code of Maryland. Pursuant to the statute, medical cannabis businesses are responsible for ensuring any of their advertisements disseminated by a third party comply with applicable content and location restrictions.
Maryland law does not prohibit advertising for medical cannabis over television or radio. However, television and radio advertisements are also subject to regulation by the Federal Trade Commission (the "FTC") and the Federal Communications Commission (the "FCC").
The FTC enforces federal consumer protection laws that require advertisements be truthful, not misleading, and, when appropriate, backed by scientific evidence. In addition to its authority to investigate law violations by individuals and businesses, the FTC has federal rule-making authority to issue industry-wide regulations. FTC regulations are published in Title 16 of the Code of Federal Regulations, which can be accessed here.
The FCC regulates interstate and international communications by radio, television, wire, satellite, and cable. Among other things, FCC rules prohibit the broadcast of television and radio advertisements that contain obscene, indecent or profane content, or perpetuate a fraud. FCC regulations are published in Title 47 of the Code of Federal Regulations, which can be accessed here.
You should consult with independent counsel regarding the legality of television or radio advertisements for your medical cannabis business under applicable federal regulations.
Yes. However, if these materials describe cannabis strains as having certain therapeutic or medical effects (e.g., euphoria, pain relief, stress relief, etc.), such claims must be supported by substantial clinical evidence or data. In addition, any information on therapeutic or medical effects must be accompanied by the most significant side effects or risks of cannabis use.
You may report any advertisement for potential violation of the statute by submitting a Complaint Form. The MCA will investigate any report submitted through this electronic complaint form.
Yes, the use of social media is permitted under Health-General §13-3313.1, but the social media account of a medical cannabis business must contain the following notifications: (1) you must be at least 18 years old to view the content; and (2) medical cannabis is for use by certified patients only. In addition, as with all advertisements, social media accounts may not include cartoon characters or other images that are attractive to minors or show individuals using cannabis.
COMAR 14.17.14.06B (1) establishes a fine of $1,000 for a first violation, $10,000 for a second violation within 24 months, $25,000 for a third violation within 24 months, and $50,000 for each subsequent violation occurring within 24 months of the preceding violation. In addition, the MCA may suspend or revoke the license or registration of any entity or individual who violates Health-General §13-3313.1 or COMAR 14.17.14.06.
Questions & comments
Use the MCA Policy Question Intake form to submit policy questions related to cannabis regulations, legislation, issued guidance, or licensing. MCA will review submissions and publish an updated FAQ document on the Laws & Regulations page.
The Maryland Cannabis Administration does not write the statutes that control cannabis advertising. But, if you would like to share legislative ideas to change the State’s advertising laws, please email [email protected].
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