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State by State Background

Alaska Cannabis Advertising Laws

Download the State By State Cannabis Ad Regulations Ebook

Alaska State Advertising Regulations

Alaska was the fourth state to legalize recreational cannabis. Since 2016 their cannabis advertising laws are among the most extensive. Alaska’s cannabis advertising regulations are detailed in the Alaska Administrative Code.

Alaskan regulations state than an advertisement for marijuana or any marijuana product must contain each of the following warnings, that must be plainly visible and at least half the font size of an advertisement on a sign, and no smaller than size nine font when the advertisement is in printed form; warnings in audio advertisements must be intelligible and played at the same speed.

Marijuana advertisements must contain the following warnings:

  • Marijuana has intoxicating effects and may be habit-forming and addictive.”
  • “Marijuana impairs concentration, coordination, and judgment. Do not operate a vehicle or machinery under its influence.”
  • “There are health risks associated with consumption of marijuana.”
  • “For use only by adults 21 and older. Keep out of the reach of children.”
  • “Marijuana should not be used by women who are pregnant or breastfeeding.”

Advertisements must not contain any false or misleading statements. They must include the cannabis business name and license number.

Web pages must utilize age-gating measures to ensure the viewers are over the age of 21.

A person may not advertise or market marijuana, a marijuana product, or a marijuana accessory in a manner enticing to minors.

A retail marijuana store may not use giveaway coupons as promotional materials, or conduct promotional activities such as games or competitions to encourage sale of marijuana or marijuana products.

A marijuana establishment shall maintain in a format that is readily understood by a reasonably prudent business person records related to advertising and marketing.

Other provisions related to digital advertising:

Advertising via marketing directed towards location-based devices is prohibited, 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 the application includes a permanent and easy opt-out feature.

The ads must not contain any content that can be considered to target or appeal to individuals under the age of 21 or portray the consumption of cannabis by individuals under the age of 21.

Advertisements must not offer free giveaway promotions of cannabis products or accessories.

Advertisements shall not contain any written information about marijuana or a marijuana product or any photographic or illustrative depictions of marijuana or a marijuana product, other than depictions contained within the established business name font and logo.

Advertisements cannot promote the excessive use of cannabis or display cannabis consumption.

A retail marijuana store may not place an advertisement for marijuana or a marijuana product, on or in a public transit vehicle or public transit shelter; on or in a publicly owned or operated property; within 1,000 feet of a substance abuse or treatment facility; or on a campus for postsecondary education.

A retail marijuana store may not place an advertisement for marijuana or a marijuana product, on or in a public transit vehicle or public transit shelter; on or in a publicly owned or operated property; within 1,000 feet of a substance abuse or treatment facility; or on a campus for postsecondary education.

Advertisements cannot represent that the use of marijuana has curative or therapeutic effects.

Discounts / Promotions:

Allowed - No giveaway coupons, competitions, contests or games

Cannabis Ad Creative Guideline

  • Truthfulness: Ensure all ads are factual, not misleading, and avoid promoting excessive consumption or unverified health benefits.
  • Age-Appropriate: No depictions of individuals under 21 or use of characters/toys appealing to minors.
  • Prohibited Promotions: No giveaway coupons or promotional activities like contests or games.
  • Health Warnings: Include all required health warnings in visible, appropriately sized fonts or clearly audible in audio ads.
  • Content Restrictions: Avoid slang, unlicensed use references, and disparagement of competitors.
  • Synopsis:

    3 AAC 306.770. Signs, merchandise, advertisements, and promotions.

    (a) Business cards and merchandise, including t-shirts, hats, and stickers, that are distributed by a licensed marijuana establishment and contain only the business name and logo, license name, and location and contact information, are not advertising or promotions.

    (b) A licensed marijuana establishment operating within the boundary of a local government shall comply with the local government’s laws regarding the size, number, and placement of any sign displayed at the licensed premises. In areas without a local government, a licensed marijuana establishment sign may not violate AS 19.25.075 – 19.25.160. A sign meeting these requirements is not advertising or promotions.

    (c) An advertisement for a licensed marijuana establishment and for marijuana or a marijuana product must include the business name and license number.

    (d) An advertisement for a licensed marijuana establishment is exempt from providing the warning statement in (g) of this section if

    (1) the advertisement contains only the business name, logo, business type, contact information, location, and hours of operation; and

    (2) the advertisement does not contain any written information about marijuana or a marijuana product or any photographic or illustrative depictions of marijuana or a marijuana product, other than depictions contained within the established business name font and logo.

    (e) A logo or an advertisement for a licensed marijuana establishment and for marijuana or a marijuana product may not contain a statement or illustration that

    (1) is false or misleading;

    (2) promotes excessive consumption;

    (3) represents that the use of marijuana has curative or therapeutic effects;

    (4) depicts a person under 21 years of age consuming marijuana; or

    (5) includes any object or character, including a toy, a cartoon character, or any other depiction that appeals to a person under 21 years of age.

    (f) An advertisement for a licensed marijuana establishment and for marijuana or a marijuana product may not be placed

    (1) within 1,000 feet of the perimeter of any child-centered facility, including a school, a child care facility or other facility providing services to children, a playground or recreation center, a public park, a library, or a game arcade that is open to persons under 21 yearsof age, except when included in an established publication intended for general readership;

    (2) on or in a publicly owned or operated property; or

    (3) within 1,000 feet of a substance abuse or treatment facility.

    (g) Each of the following warnings must appear in an advertisement for marijuana or any marijuana product with visual contrast for print advertisements and intelligible audio for audio advertisements:

    (1) “Marijuana has intoxicating effects and may be habit forming and addictive.”;

    (2) “Marijuana impairs concentration, coordination, and judgment. Do not operate a vehicle or machinery under its influence.”;

    (3) “There are health risks associated with consumption of marijuana.”’;

    (4) “For use only by adults twenty-one and older. Keep out of the reach of children.”;

    (5) “Marijuana should not be used by women who are pregnant or breastfeeding.”

    (h) A licensed marijuana establishment that advertises by means of a web page must utilize appropriate measures to ensure that individuals visiting the web page are 21 years of age or older.

    (i) A licensed marijuana establishment may not engage in advertising by means of marketing directed towards location-based devices, including 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 the application includes a permanent and easy opt-out feature.

    (j) As long as no more than 30 percent of the event’s participants and audience is reasonably expected to be under 21 years of age, a licensed marijuana establishment may sponsor

    (1) an industry trade show;

    (2) a charitable event;

    (3) a sports event or competition;

    (4) a concert; or

    (5) any other event approved in advance by the board.

    (k) A licensed marijuana establishment may not encourage the sale of marijuana or a marijuana product

    (1) by conducting games or competitions related to the consumption of marijuana or a marijuana product; or

    (2) by providing promotional materials or activities of a manner or type that would be especially appealing to children.

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    Disclaimer

    Please note that we are not legal professionals, and the information provided in this article should not be interpreted as legal advice. We strongly recommend consulting with legal counsel to ensure compliance with all applicable laws and regulations.