Medical and Therapeutic Claims Bulletin
Linthicum, MD - The Maryland Cannabis Administration (MCA) is providing this bulletin to inform all licensees of the advertising requirements when making claims that cannabis products provide medical or therapeutic benefits.
What is a medical or therapeutic claim?
A medical or therapeutic claim is any statement that indicates cannabis use will relieve, treat, or prevent health conditions or any other ailment.
These statements may include, but are not necessarily limited to, claims that cannabis products have the ability to reduce stress, cure anxiety, relieve pain, enhance relaxation, and increase libido.
For example:
- “Cannabis Pre-rolls reduce anxiety and increase focus”
- “These Cannabis Topicals will cure joint pain and minimize muscle aches”
- “Our Cannabis Chews help relieve chronic digestive ailments”
When are medical or therapeutic claims allowed?
An advertisement for cannabis, cannabis products or cannabis-related services that includes a therapeutic or medical claim are permitted when:
- The claim is supported by competent and reliable scientific evidence; and
- Information included in the advertisement explains the most serious and most common side effects or risks associated with the use of cannabis. Md. Code Ann., Alc. Bev. § 36-902
Packaging vs. Advertising
All licensees should be aware that packaging/labeling and advertising rules are distinct, and that packaging/labeling are not advertisements per statute. As such, a licensee cannot use approved cannabis packaging claims on the internet and in other advertising formats.
Packaging: Cannabis product packaging and labeling may not include any claims related to health or physical benefits for the consumer in accordance with COMAR 14.17.18.07A(6).
Advertising: The term “advertisement” refers to any auditory, visual, digital, oral, or written communication that is published, disseminated, or circulated for the purpose of directly or indirectly encouraging the sale of cannabis or any cannabis-related product or service. Md. Code Ann., Alc. Bev. § 36-901
If you have any questions, please contact MCA by email at [email protected].