Iowa Cannabis Advertising Laws

Allowed

An advertisement for medical cannabidiol shall not contain:

(1) Colloquial references to cannabis;

(2) Names of cannabis plant strains or varieties;

(3) Any statement that is false or misleading;

(4) Any statement that disparages a competitor’s products;

(5) Any statement, design, or representation, picture or illustration that is obscene or indecent;

(6) Any statement, design, representation, picture or illustration that reasonably appeals to or targets children.

(7) Any statement, design, representation, picture or illustration that encourages or represents the use of medical cannabidiol for a condition other than a qualifying debilitating medical condition;

(8) Any statement, design, representation, picture or illustration that encourages or represents the recreational use of medical cannabidiol or marijuana, tobacco or nicotine products, or alcohol;

(9) Any statement, design, representation, picture or illustration related to the safety or efficacy of medical cannabidiol, unless supported by substantial evidence, substantial clinical data, direct patient testimonials, or a combination thereof;

(10) Any statement, design, representation, picture or illustration portraying anyone reasonably appearing to be under the age of 18, objects suggestive of the presence of anyone under the age of 18, or containing the use of a figure, symbol or language that is customarily associated with anyone under the age of 18, except that an advertisement may address medical cannabidiol products as they relate to minor patients;

(11) Any offer of a prize, award or inducement to a qualifying patient, primary caregiver, or health care practitioner related to the purchase of medical cannabidiol or a certification for the use of medical cannabidiol, except that non-product-specific price discounts are allowed;

(12) Any statement or assertion that medical cannabidiol products are safe because they are regulated under this chapter or have been tested by an approved laboratory;

(13) Any reference to a prohibited form of medical cannabidiol;

(14) Any statement that claims that medical cannabidiol products are endorsed or supported by any government agency

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Iowa Admin. Code r. 641-154.44

Rule 641-154.44 - Advertising and marketing

(1)Permitted marketing and advertising activities.

a. A dispensary may:

(1) Display the dispensary's business name and logo on medical cannabidiol labels, signs, website, and informational material provided to patients. The name or logo shall not include:

1. Images of cannabis or cannabis-use paraphernalia;

2. Colloquial references to cannabis;

3. Names of cannabis plant strains or varieties;

4. Unsubstantiated medical claims; or

5. Medical symbols that bear a reasonable resemblance to established medical associations. Examples of established medical organizations include the American Medical Association or American Academy of Pediatrics. The use of medical symbols is subject to approval by the department.

(2) Display signs on the dispensary; and

(3) Maintain a business website that contains the following information:

1. The dispensary's name and contact information;

2. The medical cannabidiol forms and quantities provided;

3. Medical cannabidiol pricing;

4. Hours of operation; and

5. Other information as approved by the department.

b. The business website shall not include any false, misleading, or unsubstantiated statements.

c. The department reserves the right to review a dispensary's marketing and advertising materials and to require a dispensary to make changes to the content. The department has 30 calendar days following submission to approve or deny marketing and advertising materials of a dispensary.

(2)Other marketing and advertising activities. A dispensary shall request and receive the department's written approval before beginning marketing or advertising activities that are not specified in subrule 154.44(1). The department has 30 calendar days to approve, deny, or request additional information regarding marketing and advertising activity requests from a dispensary. In the event the department fails to respond to a dispensary within 30 days with an approval, denial, or request for additional information, the dispensary's marketing and advertising activity requests shall be deemed approved.

(3)Inconspicuous display. A dispensary shall arrange displays of medical cannabidiol, interior signs, and other exhibits to reasonably prevent public viewing from outside the dispensary.

Iowa Admin. Code r. 641-154.44