Except as provided in this section, a person may not advertise in any medium regarding a medical cannabis pharmacy or the dispensing of medical cannabis within the state.
Terms Used In Utah Code 26B-4-233
advertising: means information provided by a medical cannabis pharmacy in any medium:
(a)
to the public; and
(b)
that is not age restricted to an individual who is at least 21 years old. See Utah Code 26B-4-201
contains cannabis or any tetrahydrocannabinol or THC analog in a total concentration of 0. See Utah Code 26B-4-201
Department: means the Department of Health and Human Services. See Utah Code 26B-4-201
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
Home delivery medical cannabis pharmacy: means a medical cannabis pharmacy that the department authorizes, as part of the pharmacy's license, to deliver medical cannabis shipments to a delivery address to fulfill electronic orders that the state central patient portal facilitates. See Utah Code 26B-4-201
Medical cannabis: means cannabis in a medicinal dosage form or a cannabis product in a medicinal dosage form. See Utah Code 26B-4-201
Medical cannabis device: means a device that an individual uses to ingest or inhale cannabis in a medicinal dosage form or a cannabis product in a medicinal dosage form. See Utah Code 26B-4-201
Medical cannabis pharmacy: means a person that:
(a)
(i)
acquires or intends to acquire medical cannabis or a cannabis product in a medicinal dosage form from a cannabis processing facility or another medical cannabis pharmacy or a medical cannabis device; or
(ii)
possesses medical cannabis or a medical cannabis device; and
(b)
sells or intends to sell medical cannabis or a medical cannabis device to a medical cannabis cardholder. See Utah Code 26B-4-201
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
Targeted marketing: means the promotion by a medical cannabis pharmacy of a medical cannabis product, medical cannabis brand, or a medical cannabis device using any of the following methods:
(a)
electronic communication to an individual who is at least 21 years old and has requested to receive promotional information from the medical cannabis pharmacy;
(b)
an in-person marketing event that is:
(i)
held inside a medical cannabis pharmacy; and
(ii)
in an area where only a medical cannabis cardholder may access the event; or
(c)
other marketing material that is physically available or digitally displayed in:
(i)
a medical cannabis pharmacy; and
(ii)
an area where only a medical cannabis cardholder has access. See Utah Code 26B-4-201
(2)
A medical cannabis pharmacy may:
(a)
advertise an employment opportunity at the medical cannabis pharmacy;
(b)
notwithstanding any municipal or county ordinance prohibiting signage, use signage on the outside of the medical cannabis pharmacy that:
(i)
includes only:
(A)
in accordance with Subsection 26B-4-223 (3), the medical cannabis pharmacy’s name, logo, and hours of operation; and
(B)
a green cross; and
(ii)
complies with local ordinances regulating signage;
(c)
advertise in any medium:
(i)
the pharmacy’s name and logo;
(ii)
the location and hours of operation of the medical cannabis pharmacy;
(iii)
a service available at the medical cannabis pharmacy;
(iv)
personnel affiliated with the medical cannabis pharmacy;
(v)
whether the medical cannabis pharmacy is licensed as a home delivery medical cannabis pharmacy;
(vi)
best practices that the medical cannabis pharmacy upholds; and
(vii)
educational material related to the medical use of cannabis, as defined by the department;
(d)
hold an educational event for the public or medical providers in accordance with Subsection (3) and the rules described in Subsection (4);
(e)
maintain on the medical cannabis pharmacy’s website non-promotional information regarding the medical cannabis pharmacy’s inventory; or
(f)
engage in targeted marketing, as determined by the department through rule, for advertising a particular medical cannabis product, medical cannabis device, or medical cannabis brand.
(3)
A medical cannabis pharmacy may not include in an educational event described in Subsection (2)(d):
any gift items or merchandise other than educational materials, as those terms are defined by the department;
(c)
any marketing for a specific product from the medical cannabis pharmacy or any other statement, claim, or information that would violate the federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301, et seq.; or
a medical practitioner, similar to the practitioners described in this Subsection (3)(d)(v), who is licensed in another state or country;
(vi)
a state employee; or
(vii)
if the presentation relates to a cannabis topic other than medical treatment or medical conditions, an individual whom the department approves based on the individual’s background and credentials in the presented topic.
the educational material described in Subsection (2)(c)(vii); and
(b)
the elements of and restrictions on the educational event described in Subsection (3), including:
(i)
a minimum age of 21 years old for attendees; and
(ii)
an exception to the minimum age for a medical cannabis patient cardholder who is at least 18 years old.
Amended by Chapter 307, 2023 General Session, (Coordination Clause) Renumbered and Amended by Chapter 307, 2023 General Session Amended by Chapter 317, 2023 General Session
