Title 915 | Chapter 001 | Regulation 090
PREVIOUS VERSION
The previous document that this document is based upon is available.
915 KAR 1:090.Advertising.
Section 1.
Advertising by Cannabis Businesses.(1)
Cannabis businesses shall not advertise medicinal cannabis sales in print, broadcast, online, by paid in-person solicitation of customers, or by any other advertising device, except that a cannabis businesses may:(a)
Place appropriate signs on its property identifying the business;(b)
Place listings in business directories;(c)
Place listings in trade or medical publications;(d)
Sponsor health or not-for-profit charity or advocacy events; and(e)
Maintain an informational Web site and social media presence as provided in Section 2 of this administrative regulation.(2)
Cultivators, processors, and producers shall not display any signage, logos, products, or other identifying characteristics on the outside of their respective facilities to alert the public that medicinal cannabis is grown, processed, produced, or stored at the facility.(3)
A cannabis business shall not make any deceptive, false, or misleading assertions or statements on any advertising, advertising device, sign, listing, or informational material.Section 2.
Informational Web site and Social Media Presence.(1)
A cannabis business may maintain an informational Web site and social media presence that provides:(a)
A description of the business and services offered;(b)
A listing of medicinal cannabis or medicinal cannabis products cultivated, processed, produced, or sold by the cannabis business, as well as listing the respective product prices and inducements allowed pursuant to 915 KAR 1:070, Section 5(5);(c)
Educational materials and product information; and(d)
Certificates of analysis provided by safety compliance facilities for its respective harvest batches and production batches.(2)
The Web site and social media presence may also provide contact information for the cannabis business and a listing of the dispensaries where its medicinal cannabis or medicinal cannabis products are sold, if applicable.(3)
A cannabis business shall provide the cabinet with a list of all informational Web sites and social media accounts maintained by the cannabis business, including links to the respective webpages, and shall not block or prohibit the cabinet from accessing those informational Web sites and any social media postings. A cannabis business shall continually update the list required under this subsection and notify the cabinet of any changes within two (2) business days of the activation or deactivation of any informational Web site or social media account.(4)
An informational Web site or social media presence for a cannabis business shall not:(a)
Contain statements that are deceptive, false, or misleading;(b)
Contain any content that can reasonably be considered to target individuals under the age of eighteen (18), including images of minors, cartoons, toys, or similar images and items typically marketed towards minors, or references to products that are commonly associated with minors or marketed by minors;(c)
Encourage the transportation of medicinal cannabis products across state lines or otherwise encourage illegal activity; and(d)
Display consumption of medicinal cannabis in a manner that does not provide an educational benefit.(5)
An informational Web site or social media presence for a cannabis business shall conspicuously display the following statements:(a)
"Medicinal cannabis is for use by cardholders only"; and(b)
"Keep out of reach of children".(6)
A cannabis business that maintains an informational Web site or social media presence shall utilize appropriate measures to ensure that individuals attempting to access the allowable content are eighteen (18) years of age or older.Section 3.
Removal of Objectionable and Non-conforming Advertising.(1)
A cannabis business shall remove any advertising, advertising device, sign, listing, sponsorship, or online material that the cabinet determines to be in violation of this administrative regulation.(2)
The cabinet shall provide written notice to a cannabis business of any violation of this administrative regulation and specify a reasonable time period for the cannabis business to remove any advertising, advertising device, sign, listing, sponsorship, or online material that the cabinet finds objectionable.Section 4.
Advertising to Other Cannabis Businesses.(1)
Cultivators, processors, producers, or dispensaries may directly promote their business, services, medicinal cannabis, medicinal cannabis products, medicinal cannabis accessories, educational materials, and product information to other cultivators, processors, producers, or dispensaries.(2)
A safety compliance facility shall only promote its medicinal cannabis testing services and other activities allowed by KRS 218B.125 to other cannabis businesses.HISTORY: (50 Ky.R. 1839, 2447; 51 Ky.R. 314; eff. 8-28-2024.)
FILED WITH LRC: July 9, 2024
CONTACT PERSON: Krista Quarles, Policy Analyst, Office of Legislative and Regulatory Affairs, 275 East Main Street 5 W-A, Frankfort, Kentucky 40621; phone 502-564-7476; fax 502-564-7091; email CHFSregs@ky.gov.
915 KAR 1:090.Advertising.
Section 1.
Advertising by Cannabis Businesses.(1)
Cannabis businesses shall not advertise medicinal cannabis sales in print, broadcast, online, by paid in-person solicitation of customers, or by any other advertising device, except that a cannabis businesses may:(a)
Place appropriate signs on its(b)
Place listings in business directories;(c)
Place listings in trade or medical publications;(d)
Sponsor health or not-for-profit charity or advocacy events; and(e)
Maintain an informational Web site and social media presence as provided in Section 2 of this administrative regulation.(2)
Cultivators, processors, and producers shall not display any signage, logos, products, or other identifying characteristics on the outside of their respective facilities to alert the public that medicinal cannabis is grown, processed, produced, or stored at the facility.(3)
A cannabis business shall not make any deceptive, false, or misleading assertions or statements on any advertising, advertising device, sign, listing, or informational material.Section 2.
Informational Web site and Social Media Presence.(1)
A cannabis business may maintain an informational Web site and social media presence that provides:(a)
A description of the(b)
A listing of medicinal cannabis or medicinal cannabis products cultivated, processed, produced, or sold by the cannabis business, as well as listing the respective product prices and inducements allowed pursuant to 915 KAR 1:070, Section 5(5);(c)
Educational materials and product information; and(d)
Certificates of analysis provided by safety compliance facilities for its respective harvest batches and production batches.(2)
The Web site and social media presence may also provide contact information for the cannabis business and a listing of the dispensaries where its medicinal cannabis or medicinal cannabis products are sold, if applicable.(3)
A cannabis business shall provide the cabinet with a list of all informational Web sites(4)
An informational Web site or social media presence for a cannabis business shall not:(a)
Contain statements that are deceptive, false, or misleading;(b)
Contain any content that can reasonably be considered to target individuals under the age of eighteen (18), including images of minors, cartoons, toys, or similar images and items typically marketed towards minors, or references to products that are commonly associated with minors or marketed by minors;(c)
Encourage the transportation of medicinal cannabis products across state lines or otherwise encourage illegal activity; and(d)
Display consumption of medicinal cannabis in a manner that does not provide an educational benefit.(5)
An informational Web site or social media presence for a cannabis business shall conspicuously display the following statements:(a)
"Medicinal cannabis is for use by cardholders only"; and(b)
"Keep out of reach of children(6)
A cannabis business that maintains an informational Web site or social media presence shall utilize appropriate measures to ensure that individuals attempting to access the allowable content are eighteen (18) years of age or older.Section 3.
Removal of Objectionable and Non-conforming Advertising.(1)
A cannabis business shall remove any advertising, advertising device, sign, listing, sponsorship, or online material that the cabinet determines to be in violation of this administrative regulation.(2)
The cabinet shall provide written notice to a cannabis business of any violation of this administrative regulation and specify a reasonable time period for the cannabis business to remove any advertising, advertising device, sign, listing, sponsorship, or online material that the cabinet finds objectionable.Section 4.
Advertising to Other Cannabis Businesses.(1)
Cultivators, processors, producers, or dispensaries may directly promote their business, services, medicinal cannabis, medicinal cannabis products, medicinal cannabis accessories, educational materials, and product information to other cultivators, processors, producers, or dispensaries.(2)
A safety compliance facility shall only promote its medicinal cannabis testing services and other activities allowed by KRS 218B.125 to other cannabis businesses.HISTORY: (50 Ky.R. 1839, 2447; 51 Ky.R. 314; eff. 8-28-2024.)
FILED WITH LRC: July 9, 2024
CONTACT PERSON: Krista Quarles, Policy Analyst, Office of Legislative and Regulatory Affairs, 275 East Main Street 5 W-A, Frankfort, Kentucky 40621; phone 502-564-7476; fax 502-564-7091; email CHFSregs@ky.gov.