The information contained in this article is a summary of the Ohio Dispensary Advertising and Marketing Regulations section of the Ohio Medical Marijuana Control Program’s website under “Dispensaries”. The page can be found here.
These regulations pertain to operators licensed by the state of Ohio to participate in the state’s Medical Marijuana program, aka “licensees”. The aim of these regulations appears to be preventing minors from accessing online cannabis information hosted at licensee websites and/or social media platforms. Additionally, there is an effort to dissociate Ohio’s medical marijuana from recreational cannabis which is not presently legal in the state of Ohio.
Prohibited in Advertising
Advertising that does the following is prohibited:
Renders medical marijuana or medical marijuana products attractive to children
Creates any impression that cannabis legal
Creates any impression that cannabis is acceptable to use in a manner not in accordance with consumption guidelines
Creates any impression that recreational cannabis use has any potential health or therapeutic benefits
Creates any impression that recreational cannabis use or possession is somehow legal.
Licensee websites must:
Include an age affirmation of at least eighteen years of age by the user before access to the website is granted
Licensee websites must NOT:
Allow direct engagement between consumers or user-generated content or reviews
Provide ability for website users to transmit website content to individuals under the age of eighteen.
Display content that has not been submitted to the state board of pharmacy for approval
Facilitate sales transactions to any patient, caregiver, or medical marijuana entity.
Other prohibited licensee materials/practices:
Dispensary prohibited practices:
Dispensaries shall not market, advertise, distribute, sell, or license anything that..
Includes any image bearing a resemblance to a cartoon character, fictional character whose target audience is children or youth, or pop culture icon
Is apparel or other merchandise related to the sale of marijuana to an individual under eighteen years of age.
Contains any statement, design, representation, picture or illustration that represents advertising that is false or misleading
Is a departure from the medical marijuana registered name, including, marijuana leaves, slang terms, and similar references including language or images that are disparaging to a competitor’s products
Is obscene or indecent related to the safety or efficacy of marijuana, unless supported by substantial evidence or substantial clinical data.
Suggests or otherwise indicates that the product of entity in the advertisement has been approved or endorsed by the department of commerce, the state board of pharmacy, the state of Ohio or any person or entity associated with the state of Ohio.
Encourages the use of medical marijuana for a condition other than a qualifying condition.
Is disparaging to a competitor’s products
Dispensaries shall not sell or otherwise distribute..
Clothing, apparel, or wearable accessories, unless such sale or distribution is to an employee for purposes of identification while working for the licensed entity
Additional Prohibitions
No dispensary shall license or otherwise expressly authorize any third party to use or advertise in a manner prohibited by the state agencies.
No dispensary shall use an image or likeness of an actual patient in advertising and/or marketing materials.
All advertising materials of any licensed entity must be submitted to Department of Commerce and the State Ohio Board of Pharmacy for approval.
Product packaging and labeling is considered advertising and therefore requires approval by Department of Commerce and the State Ohio Board of Pharmacy for approval.
Cannabis leaves or plant product may not be included in an advertising submission.
Website content must be approved by Department of Commerce and the State Ohio Board of Pharmacy for approval before being available publicly.
A dispensary may not facilitate sales transaction to any patient, caregiver, or medical marijuana entity via website.
Dispensaries may not include their logo on exit bags. A dispensary shall place all products sold to the qualifying patient or caregiver in an opaque package that shall not indicate the contents of the package, originating facility or in any other way cause another person to believe that the package may contain marijuana
A dispensary must include the name of the dispensary on the packaging of any medical marijuana or medical marijuana product it sells. Each package sold must be placed in an unmarked, opaque bag before leaving the dispensary.
Strain names will be reviewed by the Medical Marijuana Control Program (MMCP). The strain name is the proprietary name licensees associate with their product. The state of Ohio has a compelling interest in ensuring that any advertisement or marketing campaigns related to or involving medical marijuana do not encourage, promote or otherwise create any impression that marijuana is legal or acceptable to use in a manner other than that specified in state statutes. Examples of rejected strain names have used language associated with recreational use like “dank” or “haze”.
Licensees can send mass texts to potential consumers for promotional purposes. However, sending text messages requires the licensee to demonstrate that the licensee obtained consent from recipients before sending text messages.
Q: What can a dispensary do if a third party is writing reviews on social media about the dispensary?
A: The dispensary can ask for the third party to take down the review but the third party is not obligated to do so
The use of social media is permitted by licensees in the form of Facebook, YouTube, Twitter, etc. and content is required to be submitted for review by state agencies. Social media is any website and/or application that enables users to create and share content or to participate in social networking. Whatever form of social media is used, it must be demonstrated to state regulators that appropriate age verification is implemented restricting individuals under the age of eighteen from accessing information. If a social media platform does not have the ability to restrict users under the age of eighteen, the platform may not be used.
Licensees are permitted to respond and engage online with social media site visitors provided licensee responses are compliant with regulatory guidelines.
-no advertisement or claim regarding the safety or efficacy of cannabis is authorized unless supported by substantial evidence or substantial clinical data.
Example – “Myrcene can be used to treat insomnia, pain, and muscle spasms.” Such statement is an example of one that would only be authorized by the state if substantial evidence or substantial clinical data were provided to support this type of claim.
Statements such as the following can be made: “Talk to your recommending physicians about whether Pinene can be used to treat symptoms of your qualifying condition.”
Example – “Though research is limited, some studies suggest that THC can even reduce the level of brain cancer cells”
Statements such as the following can be made: “Talk to your recommending physicians about whether THC can be used to treat symptoms of your qualifying condition.”
These types of statements are permitted under state guidelines:
Sativa: Typically produces a cerebral (head) sensation
Sativa: Typically used for daytime medicating
Indica: Typically produces a full body sensation
Indica: Typically used for nighttime medicating
General non-health claims may be made. The terms “euphoric” and “happy” should be replaced with “uplifting.” The word “sleepy” may be used.