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ARIZONA HOUSE OF REPRESENTATIVESFifty-seventh Legislature First Regular Session |
House: HHS DP 12-0-0-0 |
HB 2179: marijuana; advertising; restrictions
Sponsor: Representative Bliss, LD 1
Caucus & COW
Overview
Establishes advertising restrictions and warning label requirements for marijuana establishments and nonprofit medical marijuana dispensaries effective on July 1, 2026. 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 may 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 (AG), 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. Specifies that only a marijuana establishment or nonprofit medical marijuana dispensary may market, promote, sponsor, advertise or authorize advertising for marijuana, products containing tetrahydrocannabinol, intoxicating cannabinoids or marijuana paraphernalia in accordance with the advertising restrictions. (Sec. 1)
2. 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 that are marketed to children;
b) advertising with images or likeliness of toys, cartoons and animated or fictional characters, including Santa Claus, that are designed to appeal to or encourage individuals who are under 21 years of age;
c) advertising with images or visual representations of the consumption of the marijuana or marijuana product;
d) advertising with the potency or tetrahydrocannabinol levels of the marijuana or marijuana product;
e) 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;
f) advertising at, on or within airports, public transportation shelters, public buses, public trains, public shuttles or public trams; and
g) advertising any health-related statement or statement regarding the effects of marijuana consumption that is known to be untrue. (Sec. 1)
3. Prohibits a marijuana establishment or nonprofit medical marijuana dispensary from doing any of the following unless at least 73.6% of the audience is expected to be at least 21 years of age:
a) advertising electronically via social media or on a website; and
b) sponsoring any sporting event with acknowledgement that includes images of, visual depictions of or refences to marijuana, including the leaf or bud of the marijuana plant or any marijuana product. (Sec. 1)
4. Requires all advertising for marijuana or marijuana products to contain the conspicuous and legible warning: "Do not use marijuana if you are under 21 years of age or pregnant. Keep marijuana out of reach of children." (Sec. 1)
5. Requires all printed warnings for marijuana or marijuana products to occupy at least 10% of the advertising area and be in black font on a white background. (Sec. 1)
6. Prohibits a billboard advertisement for marijuana or marijuana products to be placed within 1,000 radial feet of any:
a) child care center;
b) church;
c) substance abuse recovery facility;
d) public park or playground; or
e) public or private school that provides instruction to students in preschool, kindergarten programs or any of grades 1-12. (Sec. 1)
7. Provides a person in violation of the billboard advertising restrictions 30 days to comply with all requirements, upon notification of noncompliance by the AG. (Sec. 1)
8. Clarifies that for circumstances beyond the control of the billboard operator that may prevent the removal within the 30-day timeframe, the advertisement must be removed as soon as it is safely and legally possible. (Sec. 1)
9. Subjects a person who does not comply with the billboard advertising requirements to civil penalties and disciplinary action. (Sec. 1)
10. Adds that an advertising platform may host advertising only if the advertising contains a printed warning that complies with the marijuana label requirement. (Sec. 1)
11. States that a marijuana establishment or nonprofit medical marijuana dispensary that violates the advertising restrictions has seven days to comply, upon notification by DHS or AG. (Sec. 1)
12. Subjects a marijuana establishment or nonprofit medical marijuana dispensary that is found to be in violation of the marijuana advertising regulations by the AG to disciplinary action by DHS. (Sec. 1)
13. Requires, rather than allows the AG to enforce the marijuana advertising regulations. (Sec.1)
14. Clarifies that advertising for marijuana or marijuana products does not include a communication that is targeted only to the established customer base of a marijuana establishment or nonprofit medical marijuana dispensary. (Sec. 1)
15. Contains an effective date of July 1, 2026. (Sec. 2)
16. Contain a Proposition 105 clause. (Sec. 3)
17. Makes technical and conforming changes. (Sec. 1)
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21. HB 2179
22. Initials AG/BG Page 0 Caucus & COW
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