3VAC10-40-160. General provisions.
A medical cannabis facility may engage in marketing activities related to products, the medical cannabis program, the pharmaceutical processor company, and related communications, except those marketing activities that:
1. Include false or misleading statements;
2. Promote excessive consumption;
3. Depict a person younger than 21 years of age consuming cannabis;
4. Appeal to minors, including labeling, packaging, advertising, or marketing that is pleasing or appealing to, or targets, individuals younger than 21 years of age by using or including, among other things:
a. Cartoons or mascots;
b. Bubble-type or other cartoon-like font;
c. Similarities to products, or words that refer to products that are commonly associated with, or marketed in a manner so as to be attractive to, individuals younger than 21 years of age, including any imitation of food, candy, soda, drinks, cookies, or cereal (with the exception of using the name of a cultivar), in labeling, packaging, advertising, or marketing;
d. Terms "candy" or "candies" or variants in spelling such as "kandy" or "kandeez" (with the exception of cultivar names);
e. Symbols, images, characters, public figures, phrases, toys, or games that are commonly used to market products to individuals younger than 21 years of age; or
f. Audio that may be attractive to individuals younger than 21 years of age, including audio using children's voices or cartoon voices.
5. Contain any seal, flag, crest, coat of arms, or other insignia that is likely to mislead patients or the general public to believe that the cannabis product has been endorsed, made, or used by the Commonwealth of Virginia or any of its representatives except where specifically authorized.
Statutory Authority
§§ 4.1-601, 4.1-604, 4.1-606, and 4.1-1602 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 40, Issue 11, eff. January 1, 2024; amended, Virginia Register Volume 41, Issue 14, eff. February 10, 2025; Volume 42, Issue 9, eff. January 14, 2026; Volume 42, Issue 15, eff. March 9, 2026.