(A) A commercial medical marijuana business may not advertise in a manner that is inconsistent with the medicinal use of medical marijuana. A medical marijuana business may not advertise in a manner that is misleading, deceptive, false, or designed to appeal to minors. Advertisement that promotes medical marijuana for recreational or any use other than for medicinal purposes shall be a violation of the code.
(B) The following conditions shall apply.
(1) Any person permitted as a medical marijuana business shall include in any advertisement for medical marijuana or any medical marijuana infused product the following language: “For registered state medical marijuana patients only.” Provided, however, this language shall not be required to be displayed upon any sign identifying a medical marijuana business, as permitted by division (B)(2)(b) of this section.
(2) Except as otherwise provided in this division, it shall be unlawful for any person permitted under this chapter or any other person to advertise any medical marijuana or medical marijuana infused product anywhere in the city where the advertisement is in plain view or in a place open to the general public, including advertising utilizing any of the following media: any billboard, or other outdoor general advertising device as defined by Zoning Codes; any sign mounted on a vehicle; any hand-held or other portable sign; or any handbill, leaflet, or flier directly handed to any person in a public place, left upon a motor vehicle, or posted upon any public or private property. The prohibition set forth in this division (B)(2) shall not apply to:
(a) Any sign located on the same zoned lot as a medical marijuana business which exists solely for the purpose of identifying the location of the medical marijuana business and which otherwise complies with this code and any other applicable city laws and regulations;
(b) Any advertisement contained within a newspaper, magazine, or other periodical of general circulation within the city or on the internet, which may include coupons;
(c) Any products marked with the name or logo of a marijuana business, including wearable or non-consumable merchandise, packaging in which marijuana is sold, or on medical marijuana accessories sold;
(d) Advertising which is purely incidental to sponsorship of a charitable event by a medical marijuana business;
(e) A booth at a job fair or educational seminar where the only items distributed are company or educational materials, and no other items are distributed, shown, or sold; or
(f) A booth at an adult event where the only items distributed are company or educational materials, and no other items are distributed, shown, or sold.
(3) It is an affirmative defense if a medical marijuana business employee provided another individual, upon request, a business card for the purpose of providing that person’s name and business affiliation, including, without restriction, title, mailing address, email address, and telephone number.
(4) No medical marijuana business shall distribute or allow the distribution of any marijuana or products marked with its name or logo without charge within a marijuana business or any place open to the public for the purpose of promotion or advertising except as permitted in divisions (B)(5) and (B)(6) below.
(5) No medical marijuana business shall distribute or allow the distribution of any coupon or similar writing, electronically or on paper, which purports to allow the bearer to exchange the same for any marijuana product, either free or at a discount except as permitted in this divisions (B)(5) and (B)(6) below.
(6) No medical marijuana business shall sell, distribute, or provide, or allow the sale, distribution, or provision of, products marked with its name or logo, in child sizes, designed for the use of minors, or which is misleading, deceptive, false, or appealing to minors.
(Prior Code, § 114.49) (Ord. 2020-563, passed 1-16-2020) Penalty, see § 114.99