Marijuana Advertising and Marketing Regulations in Delaware

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

In Delaware, it is illegal to advertise and market marijuana products. This includes media such as radio, television, print, and online advertisements. Any advertising or marketing of marijuana products must comply with the Delaware Code Title 16, Chapter 49B, §4931.

In addition to the general rules of advertising for marijuana products, there are specific restrictions in Delaware. This includes not targeting minors and not making any false or misleading statements about the product or its effects. Additionally, marketing for marijuana products must include a disclaimer that states that marijuana is a controlled substance and should only be used by adults 21 and over. Lastly, advertisements must not promote the use of marijuana to treat a health condition without prior approval from the DPH (Delaware Public Health).

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

Yes, there are limitations on where marijuana advertisements can be displayed in Delaware. Under Delaware law, the advertising of marijuana and marijuana-related products cannot be placed within 500 feet of any school or park and must not be visible from public roads, sidewalks, or rights of way. Additionally, marijuana advertisements cannot be directed at minors, contain false or misleading statements, or use cartoons or imagery that would appeal to minors.

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

Delaware does not have any specific regulations related to advertising to minors or individuals under the legal age for marijuana consumption. However, businesses are required to follow the restrictions set forth in the Delaware Adult Use Cannabis Act. This includes prohibiting marketing and advertising activities that are directed at minors, including through any media or through direct or indirect means, such as:

• Targeting minors with advertising of any kind;
• Representing that cannabis use has health benefits for minors;
• Using cartoon characters or other images that are attractive to minors in advertising;
• Promoting cannabis use as a way to enhance the physical or mental capabilities of minors;
• Promoting cannabis use as a way to influence the behavior of minors;
• Creating marketing or advertising campaigns that include images of minors; and
• Representing that the use of cannabis is safe or harmless to minors.

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

Television Advertising:
In Delaware, all television advertisements must follow the guidelines set by the Federal Trade Commission (FTC) and the Federal Communications Commission (FCC). The FTC requires that all claims made in a television advertisement must be verifiable and truthful. In addition, television advertisers in Delaware must comply with all applicable state laws, such as those related to the use of false or misleading statements.

Radio Advertising:
Radio advertisements in Delaware must comply with the guidelines set by the FTC and FCC. All claims made in a radio advertisement must be truthful and verifiable. The FTC also requires that radio advertisers disclose any material connections between their product or service and any endorsers featured in the advertisement.

Print Media Advertising:
Print media advertising in Delaware must comply with the guidelines set by the FTC. All claims made in a print advertisement must be verifiable and truthful. Additionally, print advertisers must comply with all applicable state laws, such as those related to false or misleading statements.

Online Platforms Advertising:
Online advertising in Delaware is regulated by the FTC and FTC Digital Advertising Guidelines. In addition, online advertisers must comply with applicable state laws, such as those related to false or misleading statements. Additionally, online marketers must also comply with the applicable rules and guidelines of each online platform they use to advertise their product or service.

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

Yes, Delaware has restrictions on the use of billboards or outdoor advertising for marijuana products. Specifically, billboard advertisements cannot promote the sale of marijuana, and any outdoor advertising for marijuana products must be placed away from schools, churches, and community centers. Additionally, no marijuana advertisement can target individuals under 21 years old.

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

Yes, state regulations in Delaware prohibit false or misleading advertising claims for marijuana products. According to the Delaware State Senate, Delaware Code, Title 16, Section 2502B (5)(b), it is illegal to make any false or misleading statement concerning marijuana products or services. This includes any statements made via advertising, labeling, or promotions.

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

In Delaware, the possession, sale and advertising of marijuana products are heavily regulated by both state and federal law. While medical marijuana is legal in the state, recreational use and sale remain illegal. This includes advertising on social media and digital advertising platforms.

Under Delaware law, it is illegal to advertise any marijuana product, even if it is for medical use only. This includes the display of cannabis-related logos, images, or text on any digital advertising platform. Social media websites are also prohibited from displaying ads that promote the sale or use of marijuana products.

The Federal Trade Commission (FTC) has also placed restrictions on the advertising of marijuana products. In particular, it prohibits false or misleading claims about the health benefits of marijuana products, as well as any ads that target minors or create an atmosphere of coercion. The FTC also requires clear disclosure of any material connections between an advertiser and a marijuana product.

In addition to these regulations, many digital advertising platforms have their own policies regarding the promotion of marijuana products. Companies like Facebook and Google generally prohibit any kind of marijuana advertising on their platforms, while other sites like Twitter and Instagram are more lenient with their policies. It is important to review all applicable regulations before launching any digital campaign related to marijuana products in Delaware.

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

Yes, there are rules governing the use of endorsements or testimonials in marijuana advertisements in Delaware. The Delaware Department of Health and Social Services, Division of Public Health has issued guidelines for advertising medical marijuana in the state. According to the guidelines, endorsements or testimonials in medical marijuana advertisements must comply with the following requirements:

1. Endorsements or testimonials must not be false, misleading or deceptive.

2. Endorsements or testimonials must not relate to minors or do not indicate that any medical condition is being cured.

3. Endorsements or testimonials may not be obscene or offensive.

4. Endorsements or testimonials must not include any form of personal identification and must not contain any information that could facilitate the identification of the endorser.

5. Endorsements or testimonials should be accompanied by any disclaimers necessary to provide a complete and accurate representation of the endorsement or testimonial.

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

No, Delaware does not require health and safety warnings in marijuana advertisements. The Delaware Medical Marijuana Act does not specify any requirement for warnings or disclaimers in advertisements related to medical marijuana.

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

No, it is not allowed to use cartoons, mascots, or imagery that may appeal to children in marijuana ads in Delaware. According to Delaware’s marijuana laws, advertising and marketing of medical and recreational marijuana must not be aimed at minors and must not advertise marijuana in a manner that is attractive to minors.

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

In Delaware, cannabis packaging and labeling must comply with several rules set out by the Delaware Medical Marijuana Program (DMMP).

Packaging must be child-resistant, and all packages must include a label with the following information:

• The licensee’s name and address;
• The name of the product;
• The amount of cannabis in the package;
• The name of any active ingredient in the product;
• The date of manufacture and expiration date;
• A warning statement that reads “For Use by Qualified Patients Only”;
• Warnings for incorrect storage or use; and
• A warning that the product contains marijuana.

In addition, any advertising materials must comply with regulations established by the DMMP. This includes requirements that advertisements be truthful, accurately reflect the qualities, characteristics, and risks of cannabis products, and not include false or misleading statements. Advertising is prohibited if it is directed toward minors, markets products to persons under 21 years of age, or contains false or misleading health claims.

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

Yes. Giveaways, promotions, and contests related to marijuana products are subject to regulations issued by the Delaware Division of Alcohol and Tobacco Enforcement. These regulations restrict the types of promotional activities that can be conducted and impose additional restrictions on promotions conducted by retailers. For example, retailers are prohibited from giving away products for free, offering discounts, awarding prizes, or providing promotional paraphernalia related to marijuana products as a form of promotion. Additionally, retailers must obtain prior approval from the Division for any promotional activities they wish to conduct.

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

The penalties or consequences for non-compliance with advertising regulations in Delaware can vary depending on the type of violation. Generally, businesses found in violation of any advertising regulations may face civil penalties, including monetary fines or injunctions. In addition, businesses may face criminal charges if the violation was intentional. Other potential consequences include litigation, reputational damage, and in some cases, revocation of a license to conduct business in Delaware.

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

Yes, state regulations in Delaware do distinguish between medical and recreational marijuana advertising. The Delaware Medical Marijuana Program does not permit advertising for medical marijuana, though it does allow dispensaries and licensed producers to post information on their websites about their products and services. Recreational marijuana advertising is prohibited in Delaware.

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

Advertising regulations in Delaware apply to out-of-state or national cannabis brands the same as they do for any other business in the state. All forms of cannabis advertising must comply with the state’s regulations, which include prohibitions against using false, deceptive, or misleading language; making unsubstantiated claims; targeting minors; and using images of minors. Additionally, all advertising must contain certain warning labels that are required by the state. Out-of-state or national cannabis brands must also ensure that their advertising complies with federal law, which generally prohibits cannabis advertising in media outlets that reach a large audience.

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

Yes, there are restrictions on the use of terms like medical, therapeutic, or natural in marijuana advertisements in Delaware. The Delaware Medical Marijuana Act states that any advertisement for medical marijuana must include the following: (1) the business entity’s name, address, and telephone number; (2) a statement that the product is for medical use only; (3) a statement that the product has not been approved by the U.S. Food and Drug Administration for any medical use; (4) a statement that the product is intended for use only by qualified patients; and (5) a statement of any additional restrictions imposed by the Division of Public Health. Additionally, the advertisement must not include false or misleading information about the safety or efficacy of any marijuana product, including any claims of medical benefits. Furthermore, advertisements may not contain any symbols, depictions, words or phrases that could be interpreted as referring to minors.

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

There are a few resources available to help businesses understand and comply with marijuana advertising regulations in Delaware. The Delaware Division of Alcohol and Tobacco Enforcement (DATE) has released regulations relating to medical marijuana advertising, outlining what is permissible and what is not. Additionally, the Delaware Medical Marijuana Program provides an informational website about medical marijuana laws and regulations that includes information about advertising. Other resources include the Marijuana Policy Project’s Delaware Marijuana Legalization & Regulation page, which outlines the state’s laws related to recreational marijuana advertising, as well as their Delaware Medical Marijuana page, which covers medical marijuana advertising regulations. Finally, the National Cannabis Industry Association’s Delaware page contains helpful information about cannabis-specific regulations in the state.

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

Yes, there is a process for reporting and addressing violations of marijuana advertising regulations in Delaware. Under Delaware’s marijuana advertising regulations, any person, business, or organization who advertises marijuana in any way must comply with all applicable state and federal laws. All advertising must be truthful, accurate, and not misleading. Advertising must also not target individuals under the age of 21 or those that are pregnant or breastfeeding.

To report a violation of the marijuana advertising regulations, individuals should contact the Delaware Department of Health & Social Services’ Division of Substance Abuse and Mental Health (DSAMH). DSAMH will investigate all reported violations and take appropriate action. Violators may be subject to civil penalties or even criminal charges, depending on the circumstances.

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

Yes, Delaware has regulations for responsible marketing practices for marijuana businesses. The regulations cover advertising, promotions, sales and marketing for any marijuana business. The Delaware Division of Alcohol and Tobacco Enforcement (DATE) has published specific rules for marijuana advertising, promotions and marketing. These rules include not targeting minors or vulnerable populations, not making any health or therapeutic claims and not using any cartoon characters or mascots in advertisements. Additionally, DATE requires all marijuana businesses to keep accurate records of all their advertising, promotional and marketing activities.

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

In Delaware, the Alcoholic Beverage Control Commissioner, in consultation with the state Department of Health and Social Services, has developed a comprehensive set of regulations to balance the need to inform consumers with the goal of preventing overconsumption or underage access. These regulations include:

• Requiring all alcohol retailers to prominently display signs reminding customers of the legal drinking age and other relevant laws;

• Requiring alcohol retailers to properly check and verify the age of customers before selling them alcohol;

• Restricting the advertising and promotion of alcoholic beverages to certain outlets;

• Prohibiting the sale of alcoholic beverages to anyone under 21 years of age;

• Limiting the hours when alcohol can be sold at retail establishments;

• Establishing a policy to reduce alcohol consumption through server education and server training requirements;

• Establishing a policy to reduce alcohol consumption through the use of an Alcohol Management System at all retail outlets; and
• Establishing a policy that requires all retailers to post signs reminding customers that it is illegal for anyone under the age of 21 to purchase or consume alcohol.

By implementing these regulations, Delaware seeks to create a balance between providing consumers with necessary information and preventing overconsumption or underage access.