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ARIZONA HOUSE OF REPRESENTATIVESFifty-sixth Legislature Second Regular Session |
House: HHS DPA 10-0-0-0 |
HB 2451: marijuana; advertising; restrictions
Sponsor: Representative Montenegro, LD 29
Caucus & COW
Overview
Establishes advertising restrictions for marijuana establishments and nonprofit medical marijuana dispensaries. Contains a Proposition 105 clause.
History
Advertising is any public communication in any medium that offers or solicits a commercial transaction involving the sale, purchase or delivery of marijuana or marijuana products (A.R.S. § 36-2850).
A marijuana establishment or nonprofit medical marijuana dispensary can engage in advertising. An advertising platform may host advertising only if the following apply: 1) the advertising is authorized by a marijuana establishment or nonprofit medical marijuana dispensary; and 2) the advertising accurately and legibly identifies the marijuana establishment or nonprofit medical marijuana dispensary responsible for the advertising content by name and license number or registration number.
Any advertising involving direct, individualized communication or dialogue must use a method of age affirmation to verify that the recipient is 21 years of age or older before engaging in communication or dialogue. User confirmation, birth date disclosure or similar registration methods may be used to affirm age.
A marijuana establishment or nonprofit medical marijuana dispensary that violates these measures is subject to disciplinary action by the Arizona Department of Health Services (DHS). Enforced by the Attorney General, an individual or entity other than a marijuana establishment or nonprofit medical marijuana dispensary that advertises marijuana or marijuana products must pay a civil penalty of $20,000 per violation to the Smart and Safe Arizona Fund in addition to any other penalty imposed by law (A.R.S. § 36-2859).
Marijuana establishments may not do any of the following:
1) package or label marijuana or marijuana products in a false or misleading manner;
2) manufacture or sell marijuana products that resemble the form of a human, animal, insect, fruit, toy or cartoon; or
3) sell or advertise marijuana or marijuana products with names that resemble or imitate food or drink brands marketed to children, or advertise marijuana or marijuana products to children (A.R.S.§ 36-2860).
Provisions
1.
Prohibits a marijuana
establishment or nonprofit medical marijuana dispensary from doing any of the
following:
a) advertising marijuana or marijuana products to individuals who are under 21 years of age, including advertising products with names that resemble or imitate food or drink brands marketed to children or otherwise advertise marijuana or marijuana products to children;
b) advertising at or on public transportation shelters, public buses or trains; and
c) advertising electronically via social media or on a website unless the advertiser has reliable evidence that at least 71.6% of the audience is expected to be at least 21 years of age. (Sec. 1)
2. Requires all advertising to contain the following warning: "Marijuana is only for adults who are 21 years of age or older. Keep out of reach of children." (Sec.1)
3. Prohibits a billboard advertisement to be placed within 1,000 feet, if in the line of sight, of any of the following:
a) childcare center;
b) church;
c) public park or playground; or
d) public or private school that provides instruction to students in preschool, kindergarten programs or any of grades 1-12. (Sec. 1)
4. Asserts that a person in violation of the billboard distance requirement has 30 days to comply. (Sec. 1)
5. Prohibits billboard advertisements from advertising potency or tetrahydrocannabinol levels of marijuana or marijuana products. (Sec. 1)
6. Allows only marijuana establishments or nonprofit medical marijuana dispensaries to advertise marijuana, products containing tetrahydrocannabinol or marijuana paraphernalia in accordance with marijuana statutes and regulations. (Sec. 1)
7. Contains a Proposition 105 clause. (Sec. 2)
8. Makes technical and conforming changes. (Sec. 1)
Amendments
Committee on Health & Human Services
1. Prohibits a marijuana establishment or nonprofit medical marijuana dispensary from:
a) advertising with images or likeliness of toys or cartoons, including Santa Claus that appeal to individuals who are under 21 years of age;
b) advertising in a way that primarily appeals to individuals who are under 21 years old such that the advertising has a special attractiveness to individuals who are under 21 years old beyond general attractiveness for individuals over the age of 21; and
c) using any image or other visual representation of an individual consuming marijuana or marijuana products.
2. Requires all advertising to contain the following conspicuous and legible warning: "Do not use Marijuana if you are under 21 years of age. Keep marijuana out of reach of children.
3. Prohibits marijuana bill board advertisements from being placed within a 1,000 feet radial of the specified areas, rather than in the line of sight.
4. Prohibits a billboard advertisement to be placed within 1,000 feet of a substance abuse recovery facility.
5. Specifies that a person in violation of the billboard distance requirement on notification of the Attorney General has 30 days to comply.
6. Clarifies that for circumstances beyond the control of the billboard operator that may prevent the removal within the 30-day timeframe, the sign must be removed as soon as it is safely and legally possible and a person is subject to civil penalties and disciplinary action if in noncompliance.
7. Exempts DHS from rulemaking requirements for 24 months for the purposes of enforcing the advertising regulations for marijuana establishments and marijuana dispensaries.
8. Contains an effective date of June 30, 2025.
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HB 2451
Initials AG/MT Page 0 Caucus & COW
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