- (1) For the purposes of this rule, the term “recreational use” means use of marijuana for recreation and enjoyment rather than to treat or mitigate a qualifying medical condition under section 381.986, F.S.
- (2) For the purposes of this rule, the phrase “wording or images commonly associated with marketing targeted toward children” means any words, initialisms, acronyms, phrases, colors or color combinations, visual patterns, logos, images, concepts, names, or slogans that duplicate, imitate, or bear a reasonable resemblance to words, initialisms, acronyms, phrases, colors or color combinations, visual patterns, logos, images, concepts, names, or slogans used in connection with commercially available branded products and services marketed by or to children. In applying this rule, the department will look to the marketing of present and past commercially available branded products and services in the United States that are or were marketed to children.
(3) MMTCs may not use any trade name or logo that:
- (a) Contains wording or images commonly associated with marketing targeted toward children;
- (b) States, encourages, implies, or alludes to recreational use, including the use of street or slang words or names for marijuana and the intoxicating effects of marijuana;
- (c) States or implies that the MMTC or its usable products cure any medical condition;
- (d) Is false or misleading;
- (e) Is identical or similar to the name of an unlawful product or substance, including a street or slang name for illicit drugs or drug paraphernalia; or
- (f) References or alludes to unlawful activity.
(4) An MMTC may not use a trade name or logo that has not been approved by the department. To obtain department approval of a trade name or logo, an MMTC must submit a variance request pursuant to Rule 64-4.023, F.A.C.
Rulemaking Authority Art. X, § 29, Fla. Const., 381.986(8)(k) F.S. Law Implemented Art. X, § 29, Fla. Const., 381.986(8)(e), 381.986(8)(h) F.S. History –New 3-16-22.