LIS

Administrative Code

Virginia Administrative Code
11/21/2024

Part IV. Advertising

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. Include any image designed or likely to appeal to minors, specifically including cartoons, toys, animals, children, or any other likeness to images, character, or phrases that are popularly used to advertise to children;

5. Depict products or product packaging or labeling that bears reasonable resemblance to any product legally available for consumption as a candy or that promotes cannabis consumption; or

6. 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, and 4.1-606 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 40, Issue 11, eff. January 1, 2024.

3VAC10-40-170. Prohibited practices.

A. A medical cannabis facility shall not advertise (i) through any means unless at least 85% of the audience is reasonably expected to be 18 years of age or older, as determined by reliable, up-to-date audience composition data or (ii) on television or the radio at any time outside of regular school hours for elementary and secondary schools.

B. Advertising shall not:

1. Display cannabis products or images of products where the advertisement is visible to members of the public from any street, sidewalk, park, or other public place; and

2. Include coupons, giveaways of free cannabis products, or distribution of merchandise that displays anything other than the facility name and contact information.

C. No outdoor cannabis product advertising shall be placed within 1,000 feet of (i) a school or daycare; (ii) a public or private playground or similar recreational or child-centered facility; or (iii) a substance use disorder treatment facility.

D. Signs placed on the property of a medical cannabis facility shall not:

1. Display imagery of cannabis or the use of cannabis or utilize long luminous gas-discharge tubes that contain rarefied neon or other gases;

2. Draw undue attention to the facility but may be designed to assist patients, parents, legal guardians, and registered agents to find the medical cannabis facility; or

3. Be illuminated during nonbusiness hours.

E. A medical cannabis facility shall not advertise at any sporting event or use any billboard advertisements.

F. No cannabis product advertising shall be on or in a public transit vehicle, public transit shelter, bus stop, taxi stand, transportation waiting area, train station, airport, or any similar transit-related location.

Statutory Authority

§§ 4.1-601, 4.1-604, and 4.1-606 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 40, Issue 11, eff. January 1, 2024.

3VAC10-40-180. Permitted practices.

A. A medical cannabis facility may list its business in public telephone books, business directories, search engines, or other places where it is reasonable for a business to maintain an informational presence of its existence and a description of the nature of the business. A medical cannabis facility shall not engage in the use of pop-up digital advertisements.

B. A medical cannabis facility may display the following information on its website or social media site:

1. Name and location of the medical cannabis facility;

2. Contact information for the medical cannabis facility;

3. Hours and days the pharmaceutical processor or cannabis dispensing facility is open for dispensing cannabis products;

4. Laboratory results;

5. Product information and pricing;

6. Directions to the medical cannabis facility; and

7. Educational materials regarding the use of cannabis products that are supported by substantial, current clinical evidence or data.

C. Medical cannabis facilities may provide communication and engagement for educational purposes with health care practitioners, patients, parents, legal guardians, registered agents, and the general public, including the dissemination of information permitted by 3VAC10-40-160 and educational materials.

Statutory Authority

§§ 4.1-601, 4.1-604, and 4.1-606 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 40, Issue 11, eff. January 1, 2024.

3VAC10-40-190. Advertising requirements.

A. Advertising must accurately and legibly identify the medical cannabis facility responsible for its content and include a statement that cannabis products are for use by patients only. Any advertisement for cannabis products that is related to the benefits, safety, or efficacy, including therapeutic or medical claims, shall:

1. Be supported by substantial, current clinical evidence or data; and

2. Include information on side effects or risks associated with the use of cannabis.

B. Any website or social media site owned, managed, or operated by a medical cannabis facility shall employ a neutral age-screening mechanism that verifies that the user is at least 18 years of age, including by using an age-gate, age-screen, or age verification mechanism.

C. All outdoor signage must comply with local or state requirements.

Statutory Authority

§§ 4.1-601, 4.1-604, and 4.1-606 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 40, Issue 11, eff. January 1, 2024.

Website addresses provided in the Virginia Administrative Code to documents incorporated by reference are for the reader's convenience only, may not necessarily be active or current, and should not be relied upon. To ensure the information incorporated by reference is accurate, the reader is encouraged to use the source document described in the regulation.

As a service to the public, the Virginia Administrative Code is provided online by the Virginia General Assembly. We are unable to answer legal questions or respond to requests for legal advice, including application of law to specific fact. To understand and protect your legal rights, you should consult an attorney.