(a) Cultivation facility and processor advertising and marketing.

1. (1) Cultivation facilities and processors shall not advertise through any public medium or means designed to market its products to the public.
2. (2) Cultivation facilities may market their products directly to dispensaries by any means directed solely to the dispensaries and not available to the public.
3. (3) Processors may market their services directly to licensed cultivation facilities and dispensaries by any means directed solely to the cultivation facilities and dispensaries and not available to the public.

4. (4) A cultivation or dispensary facility shall not use any of the following images within an advertisement, including without limitation:

   1. (A) A cross;
   2. (B) A caduceus; or
   3. (C) Any other symbol that is commonly associated with the practice of medicine or the practice of pharmacy.

(b) Dispensary advertising and marketing.

1. (1) Advertising for medical marijuana by dispensaries shall not:

   1. (A) Contain statements that are deceptive, false, or misleading;
   2. (B) Contain any content that can reasonably be considered to target children, including, but not limited to:

(i) Cartoon characters;

1. (ii) Toys; or

   1. (iii) Similar images and items typically marketed towards children.
   2. (C) Encourage the transportation of medical marijuana across state lines;
   3. (D) Display consumption of marijuana;
   4. (E) Contain material that encourages or promotes marijuana for use as an intoxicant; or
   5. (F) Contain material that encourages excessive or rapid use or consumption.

2. (2) Advertising and marketing for medical marijuana shall include the following statements:

   1. (A) “Marijuana is for use by qualified patients only. Keep out of reach of children.”;
   2. (B) “Marijuana use during pregnancy or breastfeeding poses potential harms.”;
   3. (C) “Marijuana is not approved by the FDA to treat, cure, or prevent any disease.”; and
   4. (D) “Do not operate a vehicle or machinery under the influence of marijuana.”
3. (3) Dispensaries shall not make any deceptive, false, or misleading assertions or statements on any information material, any sign, or any document provided to a consumer.

4. (4) Advertising location restrictions. A dispensary shall not place or maintain, or cause to be placed or maintained, any advertisement or marketing material for medical marijuana in the following locations:

   1. (A) Within one thousand feet (1,000’) of the perimeter of a public or private school or daycare center;
   2. (B) On or in a public transit vehicle or public transit shelter; or
   3. (C) On or in a publicly owned or operated property.

5. (5) Advertising audience restrictions.

   1. (A) A dispensary shall not utilize television, radio, print media, or the internet to advertise and market medical marijuana, unless the licensee has reliable evidence that no more than thirty percent (30%) of the audience for the program, publication, or website in or on which the advertisement is to air or appear is reasonably expected to be under the age of eighteen (18).
   2. (B) Upon request by the Alcoholic Beverage Control Division, a licensee shall provide the evidence relied upon to make the determination that no more than thirty (30) percent of the audience for the program, publication, or website in or on which the advertisement is to air or appear is reasonably expected to be under the age of eighteen (18).
6. (6) Licensed facilities shall not offer any coupons, rebates, or promotions for medical marijuana purchases, unless offered as part of a compassionate care plan presented to the Medical Marijuana Commission as part of the application for licensure.