- (1) An RMP may engage in targeted marketing or affiliate with medical offices that engage in targeted marketing, as defined in Subsection 26B-4-201(49) and described in Subsection 58-1-513(2)(c), for advertising medical cannabis recommendation services.
- (2) Targeted marketing that states the side effects, outcomes, contraindications, or effectiveness of medical cannabis shall accurately reflect the information as determined by the department.
(3) Targeted marketing may not:
(a) be false or misleading or otherwise lack a fair balance, including:
- (i) guaranteeing that a potential patient will receive a medical cannabis recommendation;
- (ii) claiming that cannabis cures any medical condition;
- (iii) containing favorable information or an opinion about cannabis previously regarded as valid but more recently invalidated by contrary and more credible information;
- (iv) containing favorable information or a conclusion from a study that is inadequate in design, scope, or conduct to furnish significant support for the information or conclusion;
- (v) containing any health or other claim that is not substantiated by evidence or substantial clinical data;
- (vi) representing or suggesting that medical cannabis use is more effective or more useful in a broader range of conditions or safer than other drugs or treatments unless the claim is accompanied by evidence or clinical data;
- (vii) using data favorable to a medical cannabis product derived from patients treated with a different product or dosages different from those legal in Utah;
- (viii) using a quote or paraphrase out of context or without citing conflicting information from the same source to convey a false or misleading idea; or
- (ix) using a study on individuals without a qualifying medical condition without disclosing that the subjects were not suffering from a qualifying medical condition;
- (b) promote excessive consumption;
- (c) have any term, statement, design representation, picture, or illustration that is associated with the recreational use of cannabis;
- (d) appeal to a child or minor;
- (e) use terms related to recreational cannabis, including: "420," "bake," "blaze," "blunt," "bong," "bud," "budtender," "combust," "cookies," "dab," "dank," "doobie," "euphoria," "frost," "ganja," "grass," "hash," "haze," "high," "joint," "kush," "Mary Jane," "pot," "rec," "reefer," "smoke," "stoned," "toke," or "weed";
- (f) use slang or phrasing associated with the recreational use of cannabis;
- (g) use an image bearing resemblance to a cartoon character or fictional character whose target audience is children or minors;
(h) use an image of a celebrity or other person whose target audience is children or minors;
- (i) encourage, promote, or otherwise create an impression that the recreational use of cannabis is legal or acceptable or that the recreational use of cannabis has potential health or therapeutic benefits;
- (j) contain content that is obscene or indecent;
(k) include information and images related to tobacco paraphernalia as defined in Section 76-9-101; or
- (l) violate any other laws.
- (4) The department may approve terms or images otherwise prohibited if the targeted marketing does not promote the recreational use of cannabis.
KEY: medical cannabis, recommending medical provider, RMP, medical marijuana
Date of Last Change: January 26, 2026
Authorizing, and Implemented or Interpreted Law: 26B-1-202(2)(a); 63G-3-201; 63G-3-301