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State by State Background

Montana Cannabis Advertising Laws

Download the State By State Cannabis Ad Regulations Ebook

Montana State Advertising Regulations

Licensees are permitted to promote their business and market their brand but are restricted to advertising marijuana or marijuana products only through electronic means. Advertising is defined as any communication intended to directly induce the purchase or consumption of marijuana products, including the promotion of special pricing or discounts. However, branding and marketing activities that do not specifically reference marijuana products are allowed. Outdoor signage can include the words "marijuana" or "cannabis," but must not use colloquial terms, imagery of marijuana or its products, or any representations that suggest the presence of marijuana, such as smoke or edibles. Additionally, all outdoor signage must comply with local sign ordinances.

Websites and social media accounts for marijuana businesses must ensure that all visitors and followers are 21 years of age or older. This includes using age verification methods on websites and maintaining private social media accounts with clear notices about age restrictions. QR codes in electronic advertising must also lead to content that verifies users are of legal age. Traditional advertising methods like television, radio, print media, and billboards are prohibited. Furthermore, any signage or advertisements that claim marijuana products are safe, or that might appeal to youth, such as using toys, cartoons, or commercial mascots near a marijuana business, are not allowed.

Certain exceptions apply to these rules. Informational pamphlets and business cards can be used at marijuana trade conferences, provided no marijuana products are sold outside of licensed premises. Marijuana businesses are also allowed to claim that their products have been tested by a licensed laboratory, even though other safety claims are prohibited. These guidelines are designed to ensure that advertising remains responsible, compliant with regulations, and does not appeal to underage individuals.

Discounts / Promotions:

Allowed

Cannabis Ad Creative Guideline

Montana Title 16. Alcohol, Tobacco, and Marijuana § 16-12-211. Limitations on advertising--rulemaking

(1) Except as provided in subsection (3), persons with licenses may not advertise marijuana or marijuana products.

(2) A listing in a directory of businesses authorized under this chapter is not advertising for the purposes of this section.

(3)(a) A licensee may engage in electronic advertising such as maintaining a website and advertising on web applications, provided that no electronic advertisement produced by the licensee contains a statement or illustration that:

(i) is false or misleading;

(ii) promotes overconsumption of marijuana or marijuana products;

(iii) depicts the actual consumption of marijuana or marijuana products;

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

(v) makes any health, therapeutic, or medicinal claims about marijuana or marijuana products; or

(vi) is designed in a way that is likely to appeal to minors and includes cartoons, animals, children, or any other likeness to images, characters, or phrases that are designed in any manner to be appealing or to encourage consumption of marijuana by persons under 21 years of age.

(b) A licensee may not advertise marijuana or marijuana products using pop-up advertisements that display in a new internet browser window.

(c) A licensee may not direct advertising of marijuana or marijuana products toward mobile devices in the form of push notifications unless users affirmatively opt in to receiving push notifications related to marijuana or marijuana products.

(4) The department shall adopt rules to clearly identify the activities that constitute advertising that are prohibited under this section.Montana Title 16. Alcohol, Tobacco, and Marijuana § 16-12-211. Limitations on advertising--rulemaking

(1) Except as provided in subsection (3), persons with licenses may not advertise marijuana or marijuana products.

(2) A listing in a directory of businesses authorized under this chapter is not advertising for the purposes of this section.

(3)(a) A licensee may engage in electronic advertising such as maintaining a website and advertising on web applications, provided that no electronic advertisement produced by the licensee contains a statement or illustration that:

(i) is false or misleading;

(ii) promotes overconsumption of marijuana or marijuana products;

(iii) depicts the actual consumption of marijuana or marijuana products;

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

(v) makes any health, therapeutic, or medicinal claims about marijuana or marijuana products; or

(vi) is designed in a way that is likely to appeal to minors and includes cartoons, animals, children, or any other likeness to images, characters, or phrases that are designed in any manner to be appealing or to encourage consumption of marijuana by persons under 21 years of age.

(b) A licensee may not advertise marijuana or marijuana products using pop-up advertisements that display in a new internet browser window.

(c) A licensee may not direct advertising of marijuana or marijuana products toward mobile devices in the form of push notifications unless users affirmatively opt in to receiving push notifications related to marijuana or marijuana products.

(4) The department shall adopt rules to clearly identify the activities that constitute advertising that are prohibited under this section.Montana Title 16. Alcohol, Tobacco, and Marijuana § 16-12-211. Limitations on advertising--rulemaking

(1) Except as provided in subsection (3), persons with licenses may not advertise marijuana or marijuana products.

(2) A listing in a directory of businesses authorized under this chapter is not advertising for the purposes of this section.

(3)(a) A licensee may engage in electronic advertising such as maintaining a website and advertising on web applications, provided that no electronic advertisement produced by the licensee contains a statement or illustration that:

(i) is false or misleading;

(ii) promotes overconsumption of marijuana or marijuana products;

(iii) depicts the actual consumption of marijuana or marijuana products;

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

(v) makes any health, therapeutic, or medicinal claims about marijuana or marijuana products; or

(vi) is designed in a way that is likely to appeal to minors and includes cartoons, animals, children, or any other likeness to images, characters, or phrases that are designed in any manner to be appealing or to encourage consumption of marijuana by persons under 21 years of age.

(b) A licensee may not advertise marijuana or marijuana products using pop-up advertisements that display in a new internet browser window.

(c) A licensee may not direct advertising of marijuana or marijuana products toward mobile devices in the form of push notifications unless users affirmatively opt in to receiving push notifications related to marijuana or marijuana products.

(4) The department shall adopt rules to clearly identify the activities that constitute advertising that are prohibited under this section.

Synopsis:

Montana Title 16. Alcohol, Tobacco, and Marijuana § 16-12-211. Limitations on advertising--rulemaking

(1) Except as provided in subsection (3), persons with licenses may not advertise marijuana or marijuana products.

(2) A listing in a directory of businesses authorized under this chapter is not advertising for the purposes of this section.

(3)(a) A licensee may engage in electronic advertising, such as maintaining a website and advertising on web applications, provided that no electronic advertisement produced by the licensee contains a statement or illustration that:

(i) is false or misleading;

(ii) promotes overconsumption of marijuana or marijuana products;

(iii) depicts the actual consumption of marijuana or marijuana products;

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

(v) makes any health, therapeutic, or medicinal claims about marijuana or marijuana products; or

(vi) is designed in a way that is likely to appeal to minors and includes cartoons, animals, children, or any other likeness to images, characters, or phrases that are designed in any manner to be appealing or to encourage consumption of marijuana by persons under 21 years of age.

(b) A licensee may not advertise marijuana or marijuana products using pop-up advertisements that display in a new internet browser window.

(c) A licensee may not direct advertising of marijuana or marijuana products toward mobile devices in the form of push notifications unless users affirmatively opt in to receiving push notifications related to marijuana or marijuana products.

(4) The department shall adopt rules to clearly identify the activities that constitute advertising that are prohibited under this section.

Administrative Rules of Montana

42.39.123 ADVERTISING

(7) A licensee's outdoor signage may not use colloquial terms for marijuana or marijuana products (e.g., pot, reefer, weed) and may not use an image or visual representation of useable marijuana, marijuana-infused products, marijuana concentrates, marijuana paraphernalia, or an image that indicates the presence of a product such as smoke, edibles, etc.

(11) A marijuana business may not:

(a) engage in advertising via marketing directed towards location-based devices, including, but not limited to, cellular phones, unless users affirmatively opt in to receiving push notifications related to marijuana or marijuana-related products;

(b) utilize unsolicited pop-up or push-to advertising on the internet;

(c) advertise on television, radio, or in print, such as newspapers, magazines, flyers, and mailers;

(d) engage in advertising or utilize signage that asserts its products are safe;

(e) utilize a billboard;

(f) use objects such as toys or inflatables, movie or cartoon characters, or any other depiction or image likely to be appealing to youth, where the objects, images, or depictions indicate an intent to cause youth to become interested in the purchase or consumption of marijuana products; or

(g) use or employ a commercial mascot outside of, and in proximity to, a licensed marijuana business. A "commercial mascot" means a live human being, animal, or mechanical device used for attracting the attention of motorists and passersby so as to make them aware of marijuana products or the presence of a marijuana business. Commercial mascots include, but are not limited to, inflatable tube displays, persons in costume, or wearing, holding, or spinning a sign with a marijuana-related commercial message or image, where the intent is to draw attention to a marijuana business or its products.

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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.