Does the cannabis legislation put limits on advertising?

There are new advertising laws that apply to any individual or business advertising any cannabis or services related to cannabis, not just licensed cannabis establishments. These laws pertain to anyone using different advertising methods including: television, radio, billboards, outdoor signage, print publications, Internet, mobile applications, social media, other electronic communications such as emails. Anyone looking to produce a cannabis-related advertisement should read Section 33 of Senate Bill 1201 to ensure they are in compliance with the law in its entirety.

Prohibited activities for those advertising cannabis or cannabis-related services include but are not limited to:

1. Advertising where less than 90 percent of the audience for the advertisement is reasonably expected to be 21 years of age or older, based on reliable evidence.
2. Advertising using location-based devices such as cell phones, however exceptions exist for mobile apps.
3. Sponsoring charitable, sports, musical, artistic, cultural, social or other similar events or advertising at, or in connection with, such an event unless the sponsor or advertiser has reliable evidence that at least 90 percent of the audience will be 21 or older. ;
4. Advertising cannabis or cannabis-related products visible to the public within 500 feet of an elementary or secondary school ground, recreation center or facility, childcare center, playground, public park or library.
5. Advertising on or in public or private vehicles or at bus stops, taxi stands, transportation waiting areas, train stations, airports or other similar transportation venues.
6. Operating websites that advertise cannabis or cannabis-related products without verifying that users are 21 years of age or older.

The law provides that prohibited advertising will be considered a violation of Connecticut’s Unfair Trade Practice Acts, which could result in civil penalties. To ensure you are following the new changes in the law, please be sure to review all your advertising content and consult an attorney if needed. For all of the specific changes relating to cannabis advertising, please review the law.