Marijuana Advertising and Marketing Regulations in Minnesota

What Are The Specific Rules And Restrictions For Advertising And Marketing Marijuana Products in Minnesota?

The Minnesota Department of Health requires that all advertising and marketing of marijuana products comply with the following rules and restrictions:

1. Marijuana products must not be advertised to children or adolescents, either directly or indirectly;

2. Marijuana products must not be advertised in a manner that implies they are safe or have medicinal value;

3. Marijuana products must not be advertised or marketed in a manner that suggests they are a substitute for alcohol, tobacco, or other drugs;

4. Marijuana products must not be advertised or marketed in any manner that causes confusion about the legal status of marijuana;

5. Ads and marketing materials for marijuana products must include health warnings that accurately convey the risks associated with marijuana use;

6. Ads and marketing materials for marijuana products may not employ false or misleading statements, images, or other representations about the product; and

7. Ads and marketing materials for marijuana products may not contain statements or images that are likely to appeal to children or adolescents, depict violence or illegal activity, depict illegal sales, or encourage excessive use.

Are There Limitations On Where Marijuana Advertisements Can Be Displayed, Such As Near Schools Or Parks in Minnesota?

Yes, there are limitations on where marijuana advertisements can be displayed in Minnesota. According to the Minnesota Department of Health, marijuana advertisements are prohibited from being placed in a location accessible to persons younger than 21, a school, a public park, or a place of worship. Additionally, marijuana advertisements must not contain any language that could be considered false, deceptive, or misleading.

How Do State Regulations Address Advertising To Minors Or Individuals Under The Legal Age For Marijuana Consumption in Minnesota?

In Minnesota, the law prohibits marijuana advertising that targets or appeals to minors and individuals under 21 years of age. Minnesota’s regulations require that marijuana advertisements must be age-restricted and must not contain any images or language that could be interpreted as appealing to children or teenagers. Furthermore, retailers must also ensure that any advertising materials are placed in an area where they cannot be seen by minors. Finally, any advertising must include a warning that states that the product is for adults only and is prohibited for those under the age of 21.

What Are The Guidelines For Advertising Via Television, Radio, Print Media, And Online Platforms in Minnesota?

Television:

1. All advertisements must comply with the Federal Communications Commission (FCC) rules and regulations.

2. Ads must not contain disparaging, false, or deceptive content or solicitations.

3. Ads must not utilize any digital effects or animation that may be distracting or confusing to viewers.

4. Ads must not infringe upon any intellectual property rights, including copyrights or trademarks.

5. Ads must not contain any obscene or indecent material.

Radio:

1. All ads must comply with FCC rules and regulations.
2. Ads must not contain false or deceptive content or solicitations.
3. Ads must not use any digital effects or animation that may be distracting or confusing to listeners.
4. Ads must not infringe upon any intellectual property rights, including copyrights or trademarks.
5. Ads must not contain any obscene or indecent material.
6. Ads must comply with the Minnesota Public Radio advertising guidelines if broadcasting through MPR stations in Minnesota.
7. Ads should not contain sound effects, music, and/or audio that will disrupt the listener’s experience or obscure the message of the ad.

Print Media:
1. All ads must comply with all applicable local, state, and federal laws, rules, and regulations, including those that govern advertising and labeling requirements for products and services being promoted by an advertisement in print media in Minnesota.
2. Ads must not contain false or deceptive content or solicitations.
3. Ads must not utilize any graphics, photos, images, audio clips, video clips, etc., that are copyrighted without permission of the copyright holder.
4. Ads must not contain obscene or indecent material as defined by local and state laws in Minnesota.
5. Ads may not be distributed to minors under the age of 18 unless they are specifically targeted to adults over the age of 21 as per local and state laws in Minnesota.

Online Platforms:
1. All ads must comply with all applicable local, state, and federal laws, rules, and regulations including those that govern advertising and labeling requirements for products and services being promoted by an advertisement on online platforms in Minnesota.
2. Ads must not use false or deceptive content or solicitations to promote products and services on online platforms in Minnesota.
3. Ads must not utilize any graphics, photos, images, audio clips, video clips etc., that are copyrighted without permission of the copyright holder on online platforms in Minnesota.
4. Ads must not contain obscene or indecent material as defined by local and state laws in Minnesota when placed on online platforms in Minnesota.
5 Advertisers must ensure that all ads are placed on websites that are appropriate for their target audience in accordance with local and state laws in Minnesota when placing ads on online platforms in Minnesota

Are There Restrictions On Using Billboards Or Outdoor Advertising For Marijuana Products in Minnesota?

Yes, there are restrictions on using billboards or outdoor advertising for marijuana products in Minnesota. Under Minnesota statute 152.27, Subd. 11, marijuana-related advertising is prohibited from:

1. Being placed within 1,500 feet of the grounds of any elementary or secondary school;
2. Utilizing branding or logos that could be appealing to minors;
3. Utilizing cartoon characters, toys, games, or other images;
4. Making any false or misleading statement about the product;
5. Advertising any product or service that has not been approved by the Minnesota Department of Health for sale; and
6. Incentivizing people to use marijuana products, including offering discounts or free items with purchase. In addition, billboards/outdoor advertising for marijuana products must also follow the Federal Drug-Free Workplace Act of 1988 and the Federal Highway Beautification Act of 1965.

Do State Regulations Prohibit False Or Misleading Advertising Claims For Marijuana Products in Minnesota?

Yes, Minnesota state regulations prohibit false or misleading advertising claims for marijuana products. The Minnesota Department of Health states that marijuana advertising must be truthful and accurately reflect the products and services offered. For example, health claims about marijuana must be supported by scientific evidence, and images used in ads must be representative of the product. Additionally, any medical claims related to marijuana must be based on current scientific evidence and approved by the Minnesota Department of Health.

How Are Social Media And Digital Advertising Platforms Regulated For Marijuana Products in Minnesota?

The Minnesota Department of Health (MDH) has put in place regulations regarding advertising and marketing of marijuana products. These regulations include prohibiting advertising that is false or misleading, promoting recreational use of marijuana, or conveying a message that marijuana use is safe and without risk to health. The MDH also requires all social media and digital advertising to be age-gated, meaning that the content must be intended for adults 21 years of age and older, and the platform must have sufficient protections in place to prevent access by minors. Additionally, advertisements must not be placed where a significant portion of their audience may include minors. Finally, social media and digital advertising are prohibited from being placed in any location where using marijuana is illegal.

Are There Rules Governing The Use Of Endorsements Or Testimonials In Marijuana Advertisements in Minnesota?

No, there are no specific rules governing the use of endorsements or testimonials in marijuana advertisements in Minnesota. However, the Minnesota Department of Health and the Minnesota Board of Pharmacy have both issued guidance regarding advertising and the use of endorsements or testimonials for medical cannabis products. They recommend that any advertising for medical cannabis products should not make unauthorized health claims, and should not include any false or misleading information. Additionally, they suggest that any endorsements or testimonials should be made by persons who have used the product in question and can attest to its effectiveness.

Do State Regulations Require Health And Safety Warnings In Marijuana Advertisements in Minnesota?

No, state regulations do not require health and safety warnings in marijuana advertisements in Minnesota. However, the Minnesota Department of Health recommends that marijuana businesses include health and safety warnings in their marketing materials.

Is It Allowed To Use Cartoons, Mascots, Or Imagery That May Appeal To Children In Marijuana Ads in Minnesota?

No, it is not allowed to use cartoons, mascots, or imagery that may appeal to children in marijuana ads in Minnesota. The state’s law on promotional activities for marijuana businesses requires that all advertising, marketing, and promotional materials be intended for adults over 21 and must not appeal to minors or depict minors in any way.

How Do Marijuana Advertising Regulations Apply To Packaging And Labeling in Minnesota?

Marijuana packaging and labeling must comply with the requirements of Minnesota’s chapter 152, section 21, which states that all marijuana products must be properly labeled with information including the quantity of tetrahydrocannabinol (THC), cannabidiol (CBD), and other active cannabinoids; the name and address of the licensee who manufactured or packaged the marijuana product; the net weight of the product; warnings about potential risks associated with using marijuana; a statement indicating that the product is for adult use only; and a list of all ingredients in the product. Additionally, all marijuana packaging must be child-resistant and must not contain any packaging elements that are brightly colored, have cartoon characters, or are otherwise attractive to minors. Advertising regulations also prohibit the use of certain phrases such as “medicinal marijuana” or “medicine” in any marijuana advertising.

Are There Restrictions On Giveaways, Promotions, Or Contests Related To Marijuana Products in Minnesota?

Yes, there are restrictions on giveaways, promotions, and contests related to marijuana products in Minnesota. The Minnesota Department of Health’s “Guidance for Marijuana Establishments Regarding Advertising and Marketing” states that “Advertising, marketing, or promotional activity for a marijuana establishment shall not include the giving away of marijuana samples or offering any incentives or rewards for the purchase of marijuana products.” Additionally, all advertising, marketing, or promotional activity must be in compliance with Minnesota law and must not contain any false or misleading statements.

What Penalties Or Consequences Can Businesses Face For Non-Compliance With Advertising Regulations in Minnesota?

Businesses that violate advertising regulations in Minnesota face a variety of penalties and consequences, including fines, the suspension or revocation of their business license, restrictions on their ability to advertise, or even criminal charges. In addition, businesses may be held liable for any damages caused by their violation of advertising regulations. Furthermore, businesses that violate advertising regulations may be subject to additional penalties from both state and federal regulators.

Do State Regulations Distinguish Between Medical And Recreational Marijuana Advertising in Minnesota?

Yes, state regulations do distinguish between medical and recreational marijuana advertising in Minnesota. Medical marijuana advertising is restricted to only being available to individuals who are enrolled in the state’s medical cannabis program, and recreational marijuana advertising is prohibited. Additionally, medical marijuana ads must contain information about the risks and potential side effects of using cannabis.

How Do Advertising Regulations Apply To Out-Of-State Or National Cannabis Brands in Minnesota?

In Minnesota, advertising regulations for cannabis products are set by the Minnesota Department of Health (MDH). All cannabis advertising, including for out-of-state or national cannabis brands, must adhere to these regulations. The MDH requires that all cannabis advertising in the state be truthful and accurate, and it must not be false or misleading in any way. Additionally, it must not appeal to minors or be overly suggestive. Cannabis advertising must not contain profanity, depict violence, or represent any person under the age of 21 using or possessing cannabis. Finally, any advertising in Minnesota must include health warnings related to the use of cannabis.

Are There Restrictions On The Use Of Terms Like Medical, Therapeutic, Or Natural In Marijuana Advertisements in Minnesota?

Yes. According to Minnesota Department of Health guidelines, any marijuana advertisement, even those using terms like medical, therapeutic, or natural should not claim that marijuana will cure, treat, or prevent any disease. Additionally, Minnesota law prohibits advertising marijuana in any form that is attractive to minors or that portrays the use of marijuana in a positive light.

What Resources Are Available To Help Businesses Understand And Comply With Marijuana Advertising Regulations in Minnesota?

The Minnesota Department of Revenue provides detailed information on the laws and regulations related to marijuana advertising. Additionally, the following resources are available to help businesses understand and comply with marijuana advertising regulations in Minnesota:

1. The Minnesota Department of Human Services provides information and guidance on advertising medical cannabis products.

2. The Advertising Association of Minnesota offers comprehensive information on cannabis advertising rules and regulations in the state.

3. The National Cannabis Industry Association provides a variety of resources to help businesses comply with marijuana advertising laws in Minnesota.

4. The Marijuana Policy Project provides guidance and resources for businesses looking to advertise their products in Minnesota.

5. The Cannabis Advertising Association of America provides advice and best practices for cannabis advertising in Minnesota.

Is There A Process For Reporting And Addressing Violations Of Marijuana Advertising Regulations in Minnesota?

Yes, there is a process for reporting and addressing violations of marijuana advertising regulations in Minnesota. To report a violation of the state’s marijuana advertising regulations, individuals should contact the Minnesota Department of Health’s Office of Medical Cannabis by phone at 651-201-6100 or by email. The department will investigate the complaint and take appropriate action as needed. If the complaint is found to be valid, the department may issue a warning letter to the business or individual responsible for the violation. If there is further non-compliance, the department may assess a civil penalty or refer the matter to county or state attorneys for prosecution.

Do State Regulations Provide Guidance On Responsible Marketing Practices For Marijuana Businesses in Minnesota?

Yes. The Minnesota Department of Health (MDH) has outlined certain requirements businesses must meet in order to engage in responsible marketing practices. These include:

• Refraining from making any false or misleading claims about marijuana products or services
• Refraining from targeting minors with marketing materials
• Ensuring that all advertising and labeling of marijuana products is accurate and not misleading
• Not using images or language that is inappropriate for minors or promotes irresponsible consumption
• Refraining from using images of minors in marijuana advertising
• Abiding by relevant local laws and ordinances related to marketing
• Refraining from advertising the use of marijuana while operating or driving a motor vehicle
• Presenting information about the health risks associated with marijuana use
• Not offering discounts or other incentives to encourage the purchase of marijuana products
• Refraining from advertising in places where more than 30 percent of the audience is under 21 years of age.

How Do State Regulations Balance The Need To Inform Consumers With The Goal Of Preventing Overconsumption Or Underage Access in Minnesota?

In Minnesota, state regulations are designed to balance the need to inform consumers with the goal of preventing overconsumption or underage access. The Minnesota Liquor Control Board (MLCC) is tasked with regulating the sale, distribution, and consumption of alcoholic beverages in the state. The MLCC sets laws and policies that require businesses to check IDs, restrict access to alcohol by minors, and make sure consumers have access to accurate information about alcohol products. Businesses must also obtain a license from the MLCC to sell or serve alcohol.

The MLCC also enforces regulations on labeling and advertising of alcoholic beverages. All labels must include a warning about the health risks of consuming alcohol and an indication of the beverage’s percentage of alcohol by volume (ABV). Advertising must not target minors or encourage irresponsible drinking habits.

Additionally, the MLCC has a social responsibility program that requires license holders to provide alcohol awareness training to employees. This ensures that all staff are trained in responsible alcohol service, as well as Minnesota laws and regulations. The program also provides materials that license holders can use to inform customers about the risks associated with overconsumption and underage drinking.

Overall, Minnesota state regulations help protect consumers by providing accurate information and promoting responsible alcohol consumption.